AB 548: Omnitrans Transit District.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-04-04
Existing law creates various transit districts throughout the state, with specified powers and duties relative to providing public transit services.
This bill would create the Omnitrans Transit District in the County of San Bernardino. The bill would provide that the jurisdiction of the district would initially include the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and unspecified portions of the unincorporated areas of the County of San Bernardino. The bill would authorize other cities in the County of San Bernardino to subsequently join the district. The bill would provide for the district to succeed to the rights and obligations of the existing Omnitrans Joint Powers Authority upon the dissolution of that authority. The bill would provide for the transfer of assets from the authority to the district. The bill would provide for a governing board of unspecified members composed of representatives of governing bodies within the county and would specify voting procedures for the taking of certain actions by the board. The bill would specify the powers and duties of the board and the district to operate transit services. services and issue bonds for the raising of funds. The bill would enact other related provisions. By imposing requirements on the district and affected local agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law creates various transit districts throughout the state, with specified powers and duties relative to providing public transit services.
This bill would create the Omnitrans Transit District in the County of San Bernardino. The bill would provide that the jurisdiction of the district would initially include the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and unspecified portions of the unincorporated areas of the County of San Bernardino. The bill would authorize other cities in the County of San Bernardino to subsequently join the district. The bill would provide for the district to succeed to the rights and obligations of the existing Omnitrans Joint Powers Authority upon the dissolution of that authority. The bill would provide for the transfer of assets from the authority to the district. The bill would provide for a governing board of unspecified members and would specify voting procedures for the taking of certain actions by the board. The bill would specify the powers and duties of the district to operate transit services. The bill would enact other related provisions. By imposing requirements on the district and affected local agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the Department of Transportation and the California Transportation Commission and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes and authorizes and directs the department to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.This bill would make technical, nonsubstantive changes to these provisions.Existing law establishes the Department of Transportation and the California Transportation Commission and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes and authorizes and directs the department to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.
This bill would make technical, nonsubstantive changes to these provisions.
This part shall be known and may be cited as the Omnitrans Transit District Act.
108001.It is the intent of the Legislature in enacting this part to provide for a unified, comprehensive institutional structure for the ownership and governance of a transit system within the County of San Bernardino to develop, provide, operate, and administer public transportation. It is further the intent of the Legislature that the district established by this act may succeed to the powers, duties, obligations, liabilities, immunities, and exemptions of Omnitrans, a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), upon its dissolution.
2.Definitions108010.Unless the context otherwise requires, the provisions of this section govern the construction of this part:
(a)District means the Omnitrans Transit District.(b)Transit and transit service means the transportation of passengers and their incidental baggage by any means.(c)Transit works or transit facilities means any or all real and personal property, equipment, rights, facilities, title, or interests owned, or to be acquired, by the district for transit service or purposes for the operation thereof.(d)(a)Board of directors, board, members, and directors means the board of directors of the district.
(b)Board of supervisors means the County of San Bernardino Board of Supervisors.
(e)(c)City means, individually, the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and any other city within the County of San Bernardino that joins as a member of the district as set forth in this part.
(f)(d)County means, individually, the County of San Bernardino, and any other county which is annexed, in whole or in part, to the district as provided in this part.
(g)Board of supervisors means the County of San Bernardino Board of Supervisors.(e)District means the Omnitrans Transit District.
(f)Establish includes establish, construct, complete, acquire, extend, or reroute. It does not, however, include the maintenance and operation of any existing system acquired by the district.
(g)Omnitrans JPA means the joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) through that certain joint powers agreement titled Amended and Restated Joint Powers Agreement between the County of San Bernardino and the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa Creating a Countywide Transportation Authority to be Known as Omnitrans, dated July 1, 2016.
(h)Person includes any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of these, but does not include a public agency, as defined in subdivision (i).
(h)(i)Public agency includes the State of California, and any county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality, or agency thereof.
(j)Revenues, unless otherwise defined, means all rates, fares, tolls, rentals, fees, charges, or other income and revenue actually received or receivable by, or for the account of, the district from the operation of the system, including, but not limited to, interest allowed on any moneys or securities, any profits derived from the sale of any securities, any consideration in any way derived from any properties owned, operated, or at any time maintained by the district, and all local, state, and federal funds received by the district.
(i)(k)System means all transit works and transit facilities owned or held, or to be owned or held, by the district for transit purposes.
(l)Transit and transit service means the transportation of passengers and their incidental baggage by any means.
(m)Transit works or transit facilities means any or all real and personal property, equipment, rights, facilities, titles, or interests owned, or to be acquired, by the district for transit service or purposes for the operation thereof.
(n)Voter means any elector who is registered under the Elections Code.
(j)Revenues, unless otherwise defined, means all rates, fares, tolls, rentals, fees, charges, or other income and revenue actually received or receivable by, or for the account of, the district from the operation of the system, including, but not limited to, interest allowed on any moneys or securities, any profits derived from the sale of any securities, any consideration in any way derived from any properties owned, operated, or at any time maintained by the district, and all local, state, and federal funds received by the district.(k)Person includes any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of these, but does not include a public agency, as defined in subdivision (h).(l)Omnitrans JPA means the joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) through that certain joint powers agreement titled Amended and Restated Joint Powers Agreement between the County of San Bernardino and the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa Creating a County Wide Transportation Authority to be Known as Omnitrans, dated July 1, 2016.3.Formation of District108030.There is hereby created the Omnitrans Transit District, comprising the territory lying within the boundaries of the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and the unincorporated areas of the County of San Bernardino lying within the census tracts designated by the board of supervisors, as set forth in the 2010 decennial census maps for the State of California on file with the Bureau of the Census, Department of Commerce, Washington, D.C., and other cities that subsequently qualify as members pursuant to the requirements set forth in Section 108032.
108031.The territory of all or part of any other contiguous city or county may be included within the district through compliance with annexation procedures to be adopted by the district.
108032.Any city within the County of San Bernardino, other than a city specifically listed in Section 108030 that is already included in the district at its formation, may join as a member of the district upon approval by its city council of a resolution approving the citys joining as a member and a resolution of the districts board approving the joining of the new member.
108033.(a)Upon the dissolution of Omnitrans JPA and without the necessity of any further action, the district shall succeed to any or all obligations, liabilities, indebtedness, bonded and otherwise, immunities, and exemptions of Omnitrans JPA and its board of directors.
(b)Upon the dissolution of Omnitrans JPA and without the necessity of any further action, the district shall assume the rights and obligations of Omnitrans JPA under any contract to which Omnitrans JPA is a party and which is to be performed, in whole or in part, on or after the date of dissolution of Omnitrans JPA.
(c)Upon the dissolution of Omnitrans JPA and without the necessity of any further action, all real and personal property owned by Omnitrans JPA shall be transferred to the district.
(d)On and after the date of dissolution of Omnitrans JPA, any reference in any provision of law or regulation to Omnitrans JPA shall be deemed to refer to the district.
4.Government of District108040.The district shall be governed by a board of directors. All powers, privileges, and duties vested in or imposed upon the district shall be exercised and performed by and through the board of directors, except that the exercise of all executive, administrative, and ministerial power may be delegated and redelegated by the board of directors to any of the offices, officers, or committees created pursuant to this chapter or created by the board of directors acting pursuant to this chapter.
108041.The board of directors shall consist of 20 members. members as follows:
(a)The board shall be composed of one primary representative selected by the governing body of each city in the county and four members of the San Bernardino County Board of Supervisors to serve until recalled by the governing body of the city or county. Each director shall be a mayor, councilperson, or supervisor of the governing body that selected him or her. Vacancies shall be filled in the same manner as originally selected.
(b)Each city and the county shall also select in the same manner as the primary or secondary representative, if applicable, one alternate to serve on the board when the primary representative is not available. Whenever the alternate director serves on the board, the alternate director shall have all the powers of a regular director.
(c)The board may allow for the appointment of advisory representatives to sit with the board but in no event shall these representatives be allowed a vote.
108042.The board, at its first meeting, and biennially thereafter at the first meeting in June, shall elect a chairperson who shall preside at all meetings, and a vice chairperson who shall preside in the absence of the chairperson. The chairperson and the vice chairperson shall serve two-year terms. Notwithstanding the foregoing, the vice chairperson shall become chairperson for the subsequent two-year term in the absence of a vote by the board of directors to the contrary. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairperson pro tem, who, while so acting, shall have all the authority of the chairperson.
108043.The board shall establish rules for its proceedings, including including, but not limited to, all of the following:
(a)Adoption of bylaws consistent with the laws of the state.
(b)Adoption of an annual budget.
(c)Adoption of a conflict-of-interest code.
(d)Adoption of priorities reflecting the districts goals.
(e)Making determinations of policy for the district.
(f)Cause a postaudit of the financial transactions and records of the district to be made at least annually by a certified public accountant.
(e)(g)Doing any and all things necessary to carry out the purposes of this part.
108044.A majority of the board or of a standing committee entitled to vote constitutes a quorum for the transaction of business. All official acts of the board or a standing subcommittee of the board require the affirmative vote of a majority of the board or committee members present.
108045.(a)(1)The acts of the board shall be expressed by motion, resolution, or ordinance.
(2)The board shall fix the compensation of the districts officers and employees.
(3)The board shall set fares for public transit service by resolution.
(b)The board, whether individually or collectively, shall not be liable for any act or omission of the district, including, but not limited to, any of the following:
(1)Performing any and all things necessary to carry out the purposes of this part.
(2)Any act of the district or for any act of the districts agents or employees.
(3)The payment of wages, benefits, or other compensation to officers, agents, or employees of the district.
(4)The payment of workers compensation or indemnity to agents or employees of the district for injury, illness, or death.
108046.All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
5.Powers and Functions of the District108050.The district shall have and may exercise all rights and powers, expressed or implied, that are necessary to carry out the purposes and intent of this chapter, including, but not limited to, the power to do all of the following:
(a)Sue and be sued. sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(b)To appoint necessary employees, and contract for professional services, and to define their qualifications and duties.
(c)To enter into and perform all necessary contracts.(c)Make and enter into contracts and enter into stipulations of any nature whatsoever and do all acts necessary and convenient for the full exercise of the powers granted in this part for the operation of the district and transit services and facilities.
(d)To adopt a seal and alter it at the districts pleasure.
(e)To enter joint powers arrangements with other entities.
(f)Appoint advisory, standing, or ad hoc committees as it deems necessary.
(g)Adopt a conflict-of-interest code.
(h)Acquire, convey, construct, manage, maintain, and operate buildings and improvements, equipment, and assets of the district.
(i)Acquire, convey, and dispose of real and personal property, easements, and licenses.
(j)Lease and sublease real and personal property, equipment, and facilities.
(k)Create and administer funds and the distribution of those funds.
(l)Create and recommend fares and penalties, as permitted by law.
(m)Enforce criminally or civilly, as applicable, any and all ordinances, resolutions, and policies, as permitted by law.
(n)Invest money in the district treasury that is not needed for immediate necessities, as the board determines advisable, in the same manner and upon the same conditions as other local entities in accordance with Section 53601 of the Government Code.
(o)Pursue collection of obligations owed to the district.
(p)Enact ordinances, resolutions, policies, and guidelines.
(q)Adopt an annual budget.
(r)Do and undertake any and all other acts reasonable and necessary to carry out the purposes of this part.
108060.The district may make contracts and enter into stipulations of any nature whatsoever, employ labor, and do all acts necessary and convenient for the full exercise of the powers granted in this part.108051.The district may insure against any accident or destruction of the system or any part thereof. The district may insure against loss of revenues from any cause whatsoever. It may provide, in the proceedings authorizing the issuance of any bonds, for the carrying of insurance in such amount and of such character as may be specified, and for the payment of the premiums thereon. The district may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.
108062.The Legislature finds and declares that there is a compelling interest in ensuring that all federal, state, local, and private funds available to the district are captured and used in a timely manner. In order to maximize the use of federal, state, local, and private funds and to maintain a competitive posture in seeking supplemental federal funds, the district shall have the authority to establish and use a flexible contracting process to maximize efficient use of public funds.
108063.(a)In the performance of its operations, the district shall do all of the following:
(1)Keep and maintain records and books of accounts in accordance with the uniform system of accounts and records adopted by the Controller pursuant to Section 99243.
(2)Provide for and submit to an annual independent audit of its total operations. A copy of each audit report shall be filed with the finance officer of each of the member agencies not later than 120 days following the close of each fiscal year.
(3)Consider and, following a public hearing, adopt an annual operating and capital expenditure budget and a five-year capital expenditure program, in compliance with the requirements of local, state, and federal laws.
(4)Provide for insurance coverage of liability, operations, and assets.
(5)Provide for district employee retirement benefits under the program administered by the Public Employees Retirement System or other system permitted by law.
(b)The district fiscal year shall be from July 1 to June 30, inclusive.
(c)Notice of the time and place of a public hearing on the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code not less than 15 days prior to the day of the hearing. The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. Copies of the proposed annual budget and the capital expenditure program shall be submitted to the governing bodies of the member agencies for review and comment at least 30 days prior to the date scheduled for public hearing and final adoption.
108064.(a)As an alternative procedure for the raising of funds, the district may issue bonds, payable from revenues of any facility or enterprise to be acquired or constructed by the district, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), all of the provisions of which are applicable to the district.
(b)(1)The district is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code).
(2)The term enterprise as used in the Revenue Bond Law of 1941 shall, for all purposes of this part, include transit facilities and any and all parts thereof, and all additions, extensions, and improvements thereto, and all other facilities authorized to be acquired, constructed, or completed by the district.
(3)The district may issue revenue bonds under the Revenue Bond Law of 1941, for any one or more facilities or enterprises authorized to be acquired, constructed, or completed by the district, or, as an alternative, may issue revenue bonds under the Revenue Bond Law of 1941, for the acquisition, construction, and completion of any one of those facilities.
(c)Nothing in this part shall prevent the district from availing itself of, or making use of, any procedure provided in this part for the issuance of bonds of any type or character for any of the facilities or works authorized under this part, and all proceedings may be carried out simultaneously or, as an alternative, as the directors may determine.
(d)The district may advocate on and act on behalf of all members with their concurrence to further the districts transit interests, funding, projects, and priorities.
108064.108065.The district may insure against any accident or destruction of the system or any part thereof. The district may insure against loss of revenues from any cause whatsoever. It may provide, in the proceedings authorizing the issuance of any bonds, for the carrying of insurance in such amount and of such character as may be specified, and for the payment of the premiums thereon. The district may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.
108066.(a)The district may hire an independent staff of its own or contract with any department or agency of the United States or with any public or private entity to implement this part.
(b)The district may contract with public or private entities in conformance with applicable procurement procedures for the procurement of engineering, project management, and contract management services.
(c)The district may employ employees and agents as the board may deem necessary to carry out its powers and duties, including, but not limited to, a general manager and legal counsel. The general manager and legal counsel shall be selected by, and shall serve at the pleasure of, and upon the terms prescribed by, the board.
6.Transit Facilities and Services108080.The district may provide transit service for the transportation of passengers and their incidental baggage by any means.
108082.The district may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by the operator upon any terms and conditions it deems in the public interest. As used in this section, operator means any public agency or any person.
108083.The district may contract with any public agency or person to provide transit facilities and services for the district.
108085.The district may construct and operate or acquire and operate transit works and facilities in, under, upon, over, across, or along any state or public street or highway or any stream, bay, or watercourse, or over any of the lands that are the property of the state, to the same extent that those rights and privileges appertaining thereto are granted to municipalities within the state.
108086.The district may enter into agreements for the joint use of any property and rights by the district and any public agency or public utility operating transit facilities, and may enter into agreements with any public agency or public utility operating any transit facilities, and wholly or partially within or without the district, for the joint use of any property of the district or of the public agency or public utility, or the establishment of through routes, joint fares, transfer of passengers, or pooling arrangements.
7.Claims108090.(a)All claims for money or damages against the district are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as provided therein or by other statutes or regulations expressly applicable thereto.
(b)No claim for money or damages shall be considered by the board unless the claim conforms to the provisions of Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code and unless the claim is filed with the clerk of the board not less than five days prior to the time of the meeting of the board at which it is to be considered.
(c)Pursuant to Section 935 of the Government Code, all claims against the district for money or damages that are excepted by Section 905 of the Government Code from the provisions of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedures prescribed in this section, as follows:
(1)A signed written claim shall be presented to the district by mailing or delivering it to the clerk of the board by the claimant or by a person acting on behalf of the claimant. The claim shall conform to the requirements of Section 910 of the Government Code or be on a form provided by the district.
(2)Unless otherwise provided in this section, the procedures of presentation, consideration, and action upon all claims filed pursuant to this section shall be the same as the procedures provided and required by Sections 910 to 915.2, inclusive, of the Government Code, and any amendment thereto as enacted, which provisions and sections are hereby adopted as the requirements of this section. The presentation and action on claims provided herein shall be a prerequisite to a suit thereon, and the suit shall be subject to the provisions of Sections 945.4 and 945.6 of the Government Code.
8.Detachments108100.(a)Territory within the district may be detached from the district by a supermajority vote of the directors, which shall be at least 80 percent of the nonweighted vote of the existing board, if all pending legal and financial obligations have been satisfied.
(b)The detachment of territory from the district shall become effective upon giving of the notice required in Section 57204 of the Government Code, except that the detached territory shall not be relieved from liability for taxation for the payment of any bonded indebtedness existing at the time of detachment.
(c)Notice of the detachment of territory from the district shall be given to each assessor whose roll is used for a tax levy made pursuant to this part and with the State Board of Equalization pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code.
9.Dissolution108200.(a)The district may be dissolved upon a supermajority vote of the directors, which shall be at least 80 percent of the nonweighted vote of the board. However, the winding up of the district shall be conducted by the board and the general manager. The district shall not be fully dissolved and terminated until all debts, financial obligations, and liabilities are paid in full and any and all remaining assets after payment of all debts, financial obligations, and liabilities are distributed to the members.
(b)(1)If the directors cannot agree as to the valuation of the property or to the manner of asset distribution, the question shall be submitted to arbitration, as set forth in this subdivision and the directors shall make the distribution or valuation as directed by arbitrators.
(2)Three arbitrators shall be appointed.
(3)The arbitration shall be binding and shall be conducted pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. Any hearings shall be held within the county. All notices, including notices under Section 1290.4 of the Code of Civil Procedure, shall be given to the governing body of each member.
108202.Upon dissolution of the district, the right, title, and interest to any property owned or controlled by the district which was acquired by the district from Omnitrans JPA or the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and the County of San Bernardino shall be returned to the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and the County of San Bernardino or disposed of as designated by those parties. If a joint powers agency cannot be formed, the district, in consultation with the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and the County of San Bernardino, shall make a recommendation to the Legislature regarding an appropriate disposition of the property.
7.10.Rights of Employees108090.108500.When the district acquires existing facilities, rights, and obligations of Omnitrans JPA, all of the employees of Omnitrans JPA shall be appointed to comparable positions by the district. These employees shall be given sick leave, seniority, vacation credits, and all other rights and obligations that they have with Omnitrans JPA, upon the transfer of Omnitrans JPA to the district.
11.Transit Police Force108700.The district may establish and maintain a police force. Those employees of the district appointed by the chief executive officer to the police force and who are duly sworn as peace officers, are subject to Section 830.33 of the Penal Code, if the district establishes a police force. The district shall comply with the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.
This part shall be known and may be cited as the Omnitrans Transit District Act.
108001.It is the intent of the Legislature in enacting this part to provide for a unified, comprehensive institutional structure for the ownership and governance of a transit system within the County of San Bernardino to develop, provide, operate, and administer public transportation. It is further the intent of the Legislature that the district established by this act may succeed to the powers, duties, obligations, liabilities, immunities, and exemptions of Omnitrans, a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), upon its dissolution.
2.Definitions108010.Unless the context otherwise requires, the provisions of this section govern the construction of this part:
(a)District means the Omnitrans Transit District.
(b)Transit and transit service means the transportation of passengers and their incidental baggage by any means.
(c)Transit works or transit facilities means any or all real and personal property, equipment, rights, facilities, title, or interests owned, or to be acquired, by the district for transit service or purposes for the operation thereof.
(d)Board of directors, board, and directors means the board of directors of the district.
(e)City means, individually, the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and any other city within the County of San Bernardino that joins as a member of the district as set forth in this part.
(f)County means, individually, the County of San Bernardino, and any other county which is annexed, in whole or in part, to the district as provided in this part.
(g)Board of supervisors means the County of San Bernardino Board of Supervisors.
(h)Public agency includes the State of California, and any county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality, or agency thereof.
(i)System means all transit works and transit facilities owned or held, or to be owned or held, by the district for transit purposes.
(j)Revenues, unless otherwise defined, means all rates, fares, tolls, rentals, fees, charges, or other income and revenue actually received or receivable by, or for the account of, the district from the operation of the system, including, but not limited to, interest allowed on any moneys or securities, any profits derived from the sale of any securities, any consideration in any way derived from any properties owned, operated, or at any time maintained by the district, and all local, state, and federal funds received by the district.
(k)Person includes any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of these, but does not include a public agency, as defined in subdivision (h).
(l)Omnitrans JPA means the joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) through that certain joint powers agreement titled Amended and Restated Joint Powers Agreement between the County of San Bernardino and the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa Creating a County Wide Transportation Authority to be Known as Omnitrans, dated July 1, 2016.
3.Formation of District108030.There is hereby created the Omnitrans Transit District, comprising the territory lying within the boundaries of the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and the unincorporated areas of the County of San Bernardino lying within the census tracts designated by the board of supervisors, as set forth in the 2010 decennial census maps for the State of California on file with the Bureau of the Census, Department of Commerce, Washington, D.C., and other cities that subsequently qualify as members pursuant to the requirements set forth in Section 108032.
108031.The territory of all or part of any other contiguous city or county may be included within the district through compliance with annexation procedures to be adopted by the district.
108032.Any city within the County of San Bernardino, other than a city specifically listed in Section 108030 that is already included in the district at its formation, may join as a member of the district upon approval by its city council of a resolution approving the citys joining as a member and a resolution of the districts board approving the joining of the new member.
108033.(a)Upon the dissolution of Omnitrans JPA and without the necessity of any further action, the district shall succeed to any or all obligations, liabilities, indebtedness, bonded and otherwise, immunities, and exemptions of Omnitrans JPA and its board of directors.
(b)Upon the dissolution of Omnitrans JPA and without the necessity of any further action, the district shall assume the rights and obligations of Omnitrans JPA under any contract to which Omnitrans JPA is a party and which is to be performed, in whole or in part, on or after the date of dissolution of Omnitrans JPA.
(c)Upon the dissolution of Omnitrans JPA and without the necessity of any further action, all real and personal property owned by Omnitrans JPA shall be transferred to the district.
(d)On and after the date of dissolution of Omnitrans JPA, any reference in any provision of law or regulation to Omnitrans JPA shall be deemed to refer to the district.
4.Government of District108040.The district shall be governed by a board of directors. All powers, privileges, and duties vested in or imposed upon the district shall be exercised and performed by and through the board of directors, except that the exercise of all executive, administrative, and ministerial power may be delegated and redelegated by the board of directors to any of the offices, officers, or committees created pursuant to this chapter or created by the board of directors acting pursuant to this chapter.
108041.The board of directors shall consist of 20 members.
108042.The board, at its first meeting, and biennially thereafter at the first meeting in June, shall elect a chairperson who shall preside at all meetings, and a vice chairperson who shall preside in the absence of the chairperson. The chairperson and the vice chairperson shall serve two-year terms. Notwithstanding the foregoing, the vice chairperson shall become chairperson for the subsequent two-year term in the absence of a vote by the board of directors to the contrary. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairperson pro tem, who, while so acting, shall have all the authority of the chairperson.
108043.The board shall establish rules for its proceedings, including all of the following:
(a)Adoption of bylaws consistent with the laws of the state.
(b)Adoption of an annual budget.
(c)Adoption of a conflict-of-interest code.
(d)Adoption of priorities reflecting the districts goals.
(e)Doing any and all things necessary to carry out the purposes of this part.
108044.A majority of the board or of a standing committee entitled to vote constitutes a quorum for the transaction of business. All official acts of the board or a standing subcommittee of the board require the affirmative vote of a majority of the board or committee members present.
108045.The acts of the board shall be expressed by motion, resolution, or ordinance.
108046.All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
5.Powers and Functions of the District108050.The district shall have and may exercise all rights and powers, expressed or implied, that are necessary to carry out the purposes and intent of this chapter, including, but not limited to, the power to do all of the following:
(a)Sue and be sued.
(b)To appoint necessary employees, and contract for professional services, and to define their qualifications and duties.
(c)To enter into and perform all necessary contracts.
(d)To adopt a seal and alter it at the districts pleasure.
(e)To enter joint powers arrangements with other entities.
(f)Appoint advisory, standing, or ad hoc committees as it deems necessary.
108060.The district may make contracts and enter into stipulations of any nature whatsoever, employ labor, and do all acts necessary and convenient for the full exercise of the powers granted in this part.
108062.The Legislature finds and declares that there is a compelling interest in ensuring that all federal, state, local, and private funds available to the district are captured and used in a timely manner. In order to maximize the use of federal, state, local, and private funds and to maintain a competitive posture in seeking supplemental federal funds, the district shall have the authority to establish and use a flexible contracting process to maximize efficient use of public funds.
108064.The district may insure against any accident or destruction of the system or any part thereof. The district may insure against loss of revenues from any cause whatsoever. It may provide, in the proceedings authorizing the issuance of any bonds, for the carrying of insurance in such amount and of such character as may be specified, and for the payment of the premiums thereon. The district may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.
6.Transit Facilities and Services108080.The district may provide transit service for the transportation of passengers and their incidental baggage by any means.
108082.The district may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by the operator upon any terms and conditions it deems in the public interest. As used in this section, operator means any public agency or any person.
108083.The district may contract with any public agency or person to provide transit facilities and services for the district.
108085.The district may construct and operate or acquire and operate transit works and facilities in, under, upon, over, across, or along any state or public street or highway or any stream, bay, or watercourse, or over any of the lands that are the property of the state, to the same extent that those rights and privileges appertaining thereto are granted to municipalities within the state.
108086.The district may enter into agreements for the joint use of any property and rights by the district and any public agency or public utility operating transit facilities, and may enter into agreements with any public agency or public utility operating any transit facilities, and wholly or partially within or without the district, for the joint use of any property of the district or of the public agency or public utility, or the establishment of through routes, joint fares, transfer of passengers, or pooling arrangements.
7.Rights of Employees108090.When the district acquires existing facilities, rights, and obligations of Omnitrans JPA, all of the employees of Omnitrans JPA shall be appointed to comparable positions by the district. These employees shall be given sick leave, seniority, vacation credits, and all other rights and obligations that they have with Omnitrans JPA, upon the transfer of Omnitrans JPA to the district.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 90 of the Streets and Highways Code is amended to read:90.The Department of Transportation shall have full possession and control of all state highways and all property and rights in property acquired for state highway purposes. The department is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the California Transportation Commission.The department Department of Transportation shall have full possession and control of all state highways and all property and rights in property acquired for state highway purposes. The department is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission. California Transportation Commission.
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Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Apr 17, 2017 | In committee: Hearing postponed by committee. |
| Apr 5, 2017 | Re-referred to Com. on TRANS. |
| Apr 4, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 23, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 27, 2017 | Re-referred to Com. on TRANS. |
| Mar 23, 2017 | Referred to Coms. on TRANS. and L. GOV. |
| Feb 15, 2017 | From printer. May be heard in committee March 17. |
| Feb 14, 2017 | Read first time. To print. |
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