130050. There is hereby created a commission in Los Angeles County,
in Orange County, in Riverside County, and in San Bernardino County.
130050.1. There is hereby created the Ventura County Transportation
Commission. The commission shall be the successor agency to the
Ventura County Association of Governments and shall assume all assets
and liabilities of that association.
Notwithstanding Section 180050, the Board of Supervisors of
Ventura County may designate the commission as the authority to carry
out the provisions of Division 19 (commencing with Section 180000).
130050.2. There is hereby created the Los Angeles County
Metropolitan Transportation Authority. The authority shall be the
single successor agency to the Southern California Rapid Transit
District and the Los Angeles County Transportation Commission as
provided by the act that enacted this section.
130051. The Los Angeles County Metropolitan Transportation
Authority consists of 14 members, as follows:
(a) Five members of the Los Angeles County Board of Supervisors.
If the number of members of the Los Angeles County Board of
Supervisors is increased, the authority shall, within 60 days of the
increase, submit a plan to the Legislature for revising the
composition of the authority.
(b) The Mayor of the City of Los Angeles.
(c) Two public members and one member of the City Council of the
City of Los Angeles appointed by the Mayor of the City of Los
Angeles.
(d) Four members, each of whom shall be a mayor or a member of a
city council, appointed by the Los Angeles County City Selection
Committee. For purposes of the selection of these four members, the
County of Los Angeles, excluding the City of Los Angeles, shall be
divided into the following four sectors:
(1) The North County/San Fernando Valley sector.
(2) The Southwest Corridor sector.
(3) The San Gabriel Valley sector.
(4) The Southeast Long Beach sector.
The League of California Cities, Los Angeles County Division,
shall define the sectors. Every city within a sector shall be
entitled to vote to nominate one or more candidates from that sector
for consideration for appointment by the Los Angeles County City
Selection Committee. A city's vote shall be weighted in the same
proportion that its population bears to the total population of all
cities within the sector.
The members appointed pursuant to this subdivision shall be
appointed by the Los Angeles County City Selection Committee upon an
affirmative vote of its members which represent a majority of the
population of all cities within the county, excluding the City of Los
Angeles.
The members selected by the city selection committee shall serve
four-year terms with no limitation on the number of terms that may be
served by any individual. The city selection committee may shorten
the initial four-year term for one or more of the members for the
purpose of ensuring that the members will serve staggered terms.
(e) If the population of the City of Los Angeles, at any time,
becomes less than 35 percent of the combined population of all cities
in the county, the position of one of the two public members
appointed pursuant to subdivision (c), as determined by the Mayor of
the City of Los Angeles by lot, shall be vacated, and the vacant
position shall be filled by appointment by the city selection
committee pursuant to subdivision (d) from a city not represented by
any other member appointed pursuant to subdivision (d).
(f) One nonvoting member appointed by the Governor.
130051.1. Notwithstanding subdivision (c) of Section 130051, if a
member appointed by the Mayor of the City of Los Angeles is not a
member of the city council of that city, the person appointed may
serve for 60 days without consent of the city council.
130051.5. Every member of the Los Angeles County Metropolitan
Transportation Authority is subject to Section 87100 of the
Government Code.
130051.6. (a) Except as provided in subdivision (b), each member of
the Los Angeles County Metropolitan Transportation Authority shall
serve a term of four years or until his or her successor is appointed
and qualified. A member may be removed at the pleasure of the
appointing authority. A member may be reappointed for additional
terms without limitation on the number of reappointments. Other than
the member initially appointed by the Governor, and members appointed
to staggered terms pursuant to subdivision (e) of Section 130051,
the members initially appointed shall serve until January 1, 1997.
(b) The membership of any member serving on the authority as a
result of holding another public office shall terminate when the
member ceases holding the other public office.
130051.7. (a) The Los Angeles County Transportation Commission and
the Southern California Rapid Transit District shall conduct joint
regular meetings at least once during each quarter of the calendar
year.
(b) Notwithstanding subdivisions (a) and (b) of Section 130051,
the members of the Los Angeles County Board of Supervisors and the
Mayor of the City of Los Angeles, rather than their alternates, shall
personally serve at the joint meetings.
(c) Notwithstanding Section 30201, the members of the Los Angeles
County Board of Supervisors, rather than their appointees, shall
personally serve at the joint meetings.
(d) Notwithstanding Section 30201, the Mayor of the City of Los
Angeles, rather than the mayor's appointee, shall personally serve at
the joint meetings as one of the two directors representing the City
of Los Angeles.
(e) It is the intent of the Legislature that reasonable efforts be
made to discuss major fiscal and policy items related to the Los
Angeles County Transportation Commission and the Southern California
Rapid Transit District at the meetings required by subdivision (a).
This statement of legislative intent shall not be construed as
requiring any action which would interfere with, delay, or otherwise
impede the orderly and proper functioning of the Los Angeles County
Transportation Commission or the Southern California Rapid Transit
District.
130051.9. (a) The Los Angeles County Metropolitan Transportation
Authority shall appoint a full-time chief executive officer who shall
act for the authority under its direction and perform those duties
delegated by the authority.
(b) The chief executive officer shall be appointed to a term of
four years and shall be removed from office only upon the occurrence
of one or both of the following:
(1) A two-thirds majority of the members of the authority votes
for removal.
(2) The chief executive officer violates a federal or state law,
regulation, local ordinance, or policy or practice of the authority,
relative to ethical practices, including, but not limited to, the
acceptance of gifts or contributions.
(c) The chief executive officer shall approve and award all
contracts for construction, and that approval shall be based upon the
lowest responsible and responsive bid submitted.
(d) The Los Angeles County Metropolitan Transportation Authority
shall appoint a general counsel and board secretary.
130051.10. (a) The members of the Los Angeles County Metropolitan
Transportation Authority shall be appointed no later than February 1,
1993. The authority shall have no powers, duties, or
responsibilities until February 1, 1993.
(b) From February 1, 1993, until April 1, 1993, the Los Angeles
Metropolitan Transportation Authority, exclusively, may exercise any
of the powers of the board of directors of the Southern California
Rapid Transit District and the governing body of the Los Angeles
County Transportation Commission, except those powers that the
authority has expressly delegated to the district or to the
commission.
130051.11. (a) The Los Angeles County Metropolitan Transportation
Authority may determine its organizational structure, which may
include, but is not limited to, the establishment of departments,
divisions, subsidiary units, or similar entities. Any department,
division, subsidiary unit, or similar entity established by the
authority shall be referred to in this chapter as an "organizational
unit." The authority shall, at a minimum, establish the following
organizational units:
(1) A transit construction organizational unit to assume the
construction responsibilities for all exclusive public mass transit
guideway construction projects in Los Angeles County.
(2) An operating organizational unit with the following
responsibilities:
(A) The operating responsibilities of the former Southern
California Rapid Transit District on all exclusive public mass
transit guideway projects in the County of Los Angeles.
(B) The operation of bus routes operated by the former Southern
California Rapid Transit District, and all the duties, obligations,
and liabilities of the district relating to those bus routes.
(3) A transportation planning and programming organizational unit
with all planning responsibilities previously performed by the former
Southern California Rapid Transit District and the former Los
Angeles County Transportation Commission.
(b) Nothing in this section shall be construed to require specific
bus routes to be operated. The authority or the operating
organizational unit may make any adjustment with respect to bus
routes, bus services, or both, which is within the power of the
former Los Angeles County Transportation Commission, or the former
Southern California Rapid Transit District.
(c) Any obligations of the former Southern California Rapid
Transit District arising out of a collective bargaining agreement
entered into by the district shall be the exclusive obligations of
the Los Angeles County Metropolitan Transportation Authority. It is
the intent of the Legislature that the rights or obligations under
any collective bargaining agreement in existence on January 1, 1993,
not be enlarged or diminished by this section or any other provision
of the act which added this section.
(d) No collective bargaining agreement entered into by the former
Southern California Rapid Transit District on or after January 1,
1993, shall be effective unless approved by the Los Angeles County
Metropolitan Transportation Authority. The authority's approval of an
agreement shall cause the agreement to be binding upon the
authority.
(e) On and after April 1, 1993, any reference to the former
Southern California Rapid Transit District in Article 10 (commencing
with Section 30750) of Chapter 5 of Part 3 of Division 10 is deemed
to refer to the Los Angeles County Metropolitan Transportation
Authority.
(f) The Los Angeles County Metropolitan Transportation Authority
may administratively delegate to an organizational unit or to its
chief executive officer any powers and duties it deems appropriate.
Powers and duties which may be delegated to an organizational unit
include, but are not limited to, the following:
(1) The power of eminent domain.
(2) Approval of contracts, except the final approval of labor
contracts.
(3) Hearing and resolving bid protests.
(4) Preparation of supporting documents and findings, and approval
of contracts, under Sections 130233, 130234, 130236, and 130237
within guidelines adopted by the board of directors.
(g) The Los Angeles County Metropolitan Transportation Authority
shall establish a citizens' advisory council pursuant to subdivision
(d) of Section 130105.
130051.12. (a) The Los Angeles County Metropolitan Transportation
Authority shall, at a minimum, reserve to itself exclusively, all of
the following powers and responsibilities:
(1) Establishment of overall goals and objectives to achieve
optimal transport service for the movement of goods and people on a
countywide basis.
(2) Adoption of the aggregate budget for all organizational units
of the authority.
(3) Designation of additional included municipal operators
pursuant to subdivision (f) of Section 99285.
(4) Approval of final rail corridor selections.
(5) Final approval of labor contracts covering employees of the
authority and organizational units of the authority.
(6) Establishment of the authority's organizational structure.
(7) Conducting hearings and the setting of fares for the operating
organizational unit established pursuant to paragraph (2) of
subdivision (a) of Section 130051.11.
(8) (A) Approval of transportation zones.
(B) In determining the cost-effectiveness of any proposed
transportation zone, the authority may not approve or disapprove a
transportation zone based upon consideration of rates of wages and
other forms of compensation or hours and working conditions of
employees of the proposed transportation zone.
(C) Any determination of efficiencies that may be derived from the
approval of a transportation zone shall include consideration of
maintaining the prevailing rate of wages, hours, and other terms and
conditions of employment contained in current collective bargaining
agreements applicable to the authority as required under subdivision
(d) of Section 130051.11.
(D) A proposed transportation zone is not required to demonstrate
lower operating costs than those of the existing operator or
operators of the service to be transferred to the zone, but shall
demonstrate that the net cost will not be greater than the current
service.
(9) Approval of the issuance of any debt instrument with a
maturity date that exceeds the end of the fiscal year in which it is
issued.
(10) Approval of benefit assessment districts and assessment
rates.
(11) Approval of contracts for transit equipment acquisition that
exceed five million dollars ($5,000,000), and making the findings
required by subdivision (c) of Section 130238.
(b) The Los Angeles County Metropolitan Transportation Authority
shall in conjunction with the other municipal operators in the County
of Los Angeles perform a security assessment once every five years
to determine the safety and security measures required to protect the
operation of their systems and their passengers.
130051.13. On April 1, 1993, the Southern California Rapid Transit
District and the Los Angeles County Transportation Commission are
abolished. Upon the abolishment of the district and the commission,
the Los Angeles County Metropolitan Transportation Authority shall
succeed to any or all of the powers, duties, rights, obligations,
liabilities, indebtedness, bonded and otherwise, immunities, and
exemptions of the district and its board of directors and the
commission and its governing body.
130051.14. On and after April 1, 1993, any reference in this part,
or in any other provision of law or regulation, to the Southern
California Rapid Transit District or to the Los Angeles County
Transportation Commission or to the county transportation commission
in general shall be deemed to refer to the Los Angeles County
Metropolitan Transportation Authority.
130051.15. (a) Upon the abolishment of the Southern California
Rapid Transit District and the Los Angeles County Transportation
Commission, the Los Angeles County Metropolitan Transportation
Authority shall assume the rights and obligations of the district and
the commission under any contract to which the district or the
commission is a party and which is to be performed, in whole or in
part, on or after January 1, 1993. All real and personal property
owned by the district or the commission shall be transferred to the
authority by operation of law.
(b) The Los Angeles County Metropolitan Transportation Authority
shall assume, without any condition whatsoever, all responsibilities
and obligations previously assumed by the Southern California Rapid
Transit District or the Los Angeles County Transportation Commission
with regard to the full funding agreement, including all agreements
pursuant to Section 13(c) of the Urban Mass Transportation Act of
1964 which relate to the full funding agreement, with the Federal
Transit Administration for the funding of the Los Angeles County
Metro Rail Project. It is the intent of the Legislature that nothing
in this act shall enlarge or diminish the projects covered or any
rights or obligations under any existing agreements pursuant to
Section 13(c).
(c) The Los Angeles County Metropolitan Transportation Authority
shall not, until April 1, 1993, renew or extend any personal services
contract entered into between either the Los Angeles County
Transportation Commission or the Southern California Rapid Transit
District and an employee or former employee of either agency prior to
January 1, 1993.
130051.16. Notwithstanding any other provision of law, the Los
Angeles County Metropolitan Transportation Authority shall assume the
duties, obligations, and liabilities of the Southern California
Rapid Transit District, including those duties, obligations, and
liabilities arising from or relating to collective bargaining
agreements or labor obligations imposed by state or federal law, only
to the extent that the authority is acting pursuant to specific
duties, obligations, liabilities, rights, or powers to which it
succeeded as a result of the abolishment of the district pursuant to
Section 130051.13.
130051.17. (a) Prior to the approval of any contract by the Los
Angeles County Metropolitan Transportation Authority, or by any
organizational unit of the authority, the authority shall adopt an
ordinance comparable to Chapter 9.5 (commencing with Section 89500)
of Title 9 of the Government Code, which regulates the acceptance of
gifts by members of the authority, members of the board of an
organizational unit, and designated employees, as defined by Section
82019 of the Government Code, of the authority. The ordinance shall
prohibit any designated employee of the authority from accepting
gifts with a total value of more than two hundred fifty dollars
($250) in a calendar year from any single source.
(b) The ordinance shall require the limitations on receiving gifts
by members of the authority, and members of the board of an
organizational unit who are not elected local officials to be
substantially comparable to those specified by Chapter 9.5
(commencing with Section 89500) of Title 9 of the Government Code.
(c) For the purposes of this section, "gift" has the same meaning
as defined in Section 82028 of the Government Code.
(d) (1) Payments, advances, or reimbursements, for travel,
including actual transportation and related lodging and subsistence
which is reasonably related to a governmental purpose, or to an issue
of local, state, national or international public policy, is not
prohibited or limited by this section if either of the following
apply:
(A) The travel is in connection with a speech given by a member,
member of the board of an organizational unit, or designated
employee, the lodging and subsistence expenses are limited to the day
immediately preceding, the day of, and the day immediately following
the speech, and the travel is within the United States.
(B) The travel is provided by a government, a governmental agency,
a foreign government, a governmental authority, a bona fide public
or private educational institution, as defined in Section 203 of the
Revenue and Taxation Code, or a nonprofit charitable or religious
organization which is exempt from taxation under Section 501(c)(3) of
the Internal Revenue Code, or by a person domiciled outside the
United States which substantially satisfies the requirements for tax
exempt status under Section 501(c)(3) of the Internal Revenue Code.
(2) Gifts of travel not described in paragraph (1) are subject to
the limits in this section.
(3) Paragraph (1) applies only to travel which is reported on the
recipient's statement of economic interest.
(4) For purposes of this section, a gift does not include travel
which is provided by the Los Angeles County Metropolitan
Transportation Authority.
(5) (A) The policy shall specify appropriate penalties for
violations by employees including, but not limited to, personnel
action.
(B) The policy shall specify appropriate penalties for violations
by members of the authority, and the members of the board of an
organizational unit who are not subject to Chapter 9.5 (commencing
with Section 89500) of Title 9 of the Government Code, which shall
include, but not be limited to, removal from office by the appointing
authority.
130051.18. Prior to the approval of any contract by the Los Angeles
County Metropolitan Transportation Authority, or by any
organizational unit of the authority, the authority shall adopt and
implement an ordinance for the regulation of lobbying that shall
include, at a minimum, the provisions of this section.
(a) For purposes of this section, the following terms are defined
as follows:
(1) "Activity expense" means any expense incurred, or payment
made, by a lobbyist, lobbying firm, or lobbyist employer, or arranged
by a lobbyist, lobbying firm, or lobbyist employer, that benefits in
whole or in part any authority official or a member of the immediate
family of an authority official.
(2) "Administrative testimony" means influencing or attempting to
influence authority action undertaken by any person or entity who
does not seek to enter into a contract or other arrangement with the
authority by acting as counsel in, appearing as a witness in, or
providing written submissions, including answers to inquiries, which
become a part of the record of, any proceeding of the authority that
is conducted as an open public hearing for which public notice is
given.
(3) "Authority" means the Los Angeles County Metropolitan
Transportation Authority and all of its organizational units as
defined by Section 130051.11.
(4) "Authority action" means the drafting, introduction,
consideration, modification, enactment, or defeat of an ordinance,
resolution, contract, or report by the governing board of an
organizational unit of the authority, or by an authority official,
including any action taken, or required to be taken, by a vote of the
members of the authority or by the members of the governing board of
an organizational unit of the authority, except those actions
relating to Article 10 (commencing with Section 30750) of Chapter 5
of Part 3 of Division 10.
(5) "Authority official" means any member of the authority, member
of an organizational unit of the authority, or employee of the
authority.
(6) "Contribution" means a payment, a forgiveness of a loan, a
payment of a loan by a third party, or an enforceable promise to make
a payment, except to the extent that full and adequate consideration
is received, unless it is clear from the surrounding circumstances
that it is not made for political purposes.
An expenditure made at the behest of a candidate, committee, or
elected officer is a contribution to the candidate, committee, or
elected officer unless full and adequate consideration is received
for making the expenditure.
"Contribution" also includes the purchase of tickets for events
such as dinners, luncheons, rallies, and similar fundraising events;
the candidate's own money or property used on behalf of his or her
candidacy; the granting of discounts or rebates not extended to the
public generally or the granting of discounts or rebates by
television and radio stations and newspapers not extended on an equal
basis to all candidates for the same office; the payment of
compensation by any person for the personal services or expenses of
any other person if those services are rendered or expenses are
incurred on behalf of a candidate or committee without payment of
full and adequate consideration.
"Contribution" also includes any transfer of anything of value
received by a committee from another committee, unless full and
adequate consideration is received.
"Contribution" does not include amounts received pursuant to an
enforceable promise to the extent that those amounts have been
previously reported as a contribution. However, the fact that those
amounts have been received shall be indicated in the appropriate
campaign statement.
"Contribution" does not include a payment made by an occupant of a
home or office for costs related to any meeting or fundraising event
held in the occupant's home or office if the costs for the meeting
or fundraising event are five hundred dollars ($500) or less.
"Contribution" does not include volunteer personal services or
payments made by any individual for his or her own travel expenses if
those payments are made voluntarily without any understanding or
agreement that they shall be, directly or indirectly, repaid to him
or her.
(7) "Employee of the authority" means anyone who receives
compensation from the authority for full-time or part-time
employment, and any contractor, subcontractor, consultant, expert, or
adviser acting on behalf of, or providing advice to, the authority.
(8) "Filing officer" means the individual designated by the
authority with whom statements and reports required by this section
shall be filed.
(9) "Lobbying" means influencing or attempting to influence
authority action through direct or indirect communication, other than
administrative testimony, with an authority official.
(10) "Lobbying firm" means any business entity, including an
individual lobbyist, that meets either of the following criteria:
(A) The business entity receives or becomes entitled to receive
any compensation, other than reimbursement for reasonable travel
expenses, for the purpose of influencing authority action on behalf
of any other person, if any partner, owner, officer, or employee of
the business entity is a lobbyist.
(B) The business entity receives or becomes entitled to receive
any compensation, other than reimbursement for reasonable travel
expenses, to communicate directly with any agency official for the
purpose of influencing authority action on behalf of any other
person, if a substantial or regular portion of the activities for
which the business entity receives compensation is for the purpose of
influencing authority action.
(11) "Lobbyist" means any individual who receives any economic
consideration, other than reimbursement for reasonable travel
expenses, for lobbying, including consultants and officers or
employees of any business entity seeking to enter into a contract
with the authority.
(12) "Lobbyist employer" means any person, other than a lobbying
firm, who does either of the following:
(A) Employs one or more lobbyists for the purpose of influencing
authority action.
(B) Contracts for the services of a lobbying firm for economic
consideration for the purpose of influencing authority action.
(b) (1) Lobbyists, lobbying firms, and lobbyist employers shall
register with the filing officer within 10 days after qualifying as a
lobbyist, lobbying firm, or lobbyist employer. Registration shall be
completed prior to the commencement of lobbying by the lobbyist.
Registration shall include the filing of a registration statement,
and the payment of any fees authorized by this section. Registration
shall be renewed annually by the filing of a new registration
statement and the payment of a fee.
(2) Each lobbyist, lobbying firm, and lobbyist employer required
to register under this section may be charged a fee by the authority
in an amount necessary to pay the direct costs of implementing this
section.
(3) The lobbyist registration statement shall include all of the
following:
(A) The name, address, and telephone number of the lobbyist.
(B) For each person from whom the lobbyist receives compensation
to provide lobbying services, all of the following:
(i) The full name, business address, and telephone number of the
person.
(ii) A written authorization signed by the person.
(iii) The time period of the contract or employment agreement.
(iv) The lobbying interests of the person.
(C) A statement signed by the lobbyist certifying that he or she
has read and understands the prohibitions contained in subdivisions
(f) and (g).
(4) The registration statement of a lobbying firm shall include
all of the following:
(A) The full name, business address, and telephone number of the
lobbying firm.
(B) A list of the lobbyists who are partners, owners, officers, or
employees of the lobbying firm.
(C) For each person with whom the lobbying firm contracts to
provide lobbying services, all of the following:
(i) The full name, business address, and telephone number of the
person.
(ii) A written authorization signed by the person.
(iii) The time period of the contract.
(iv) Information sufficient to identify the lobbying interests of
the person.
(D) A statement signed by the designated responsible person that
he or she has read and understands the prohibitions contained in
subdivisions (f) and (g).
(5) The registration statement of a lobbyist employer shall
include all of the following:
(A) The full name, business address, and telephone number of the
lobbyist employer.
(B) A list of the lobbyists who are employed by the lobbyist
employer.
(C) The lobbying interests of the lobbyist employer, including
identification of specific contracts or authority actions.
(D) A statement signed by the designated responsible person that
he or she has read and understands the prohibitions contained in
subdivisions (f) and (g).
(6) (A) The registration statement may be amended within 10 days
of a change in the information included in the statement. However, if
the change includes the name of a person by whom a lobbyist is
retained, the registration statement shall be amended to show that
change prior to the commencement of lobbying by the lobbying firm or
the lobbyist.
(B) Lobbying firms and lobbyist employers upon ceasing all
lobbying activity that required registration shall file a notice of
termination within 30 days after the cessation.
(C) Lobbyists and lobbyist firms are subject to subdivisions (f)
and (g) for 12 months after filing a notice of termination.
(c) Lobbyists, lobbying firms, and lobbyist employers that receive
payments, make payments, or incur expenses, or expect to receive
payments, make payments, or incur expenses, in connection with
activities that are reportable pursuant to this section shall keep
detailed accounts, records, bills, and receipts for four years, and
shall make them reasonably available for inspection for the purposes
of auditing for compliance with, or enforcement of, this section.
(d) When a person is required to report activity expenses pursuant
to this section, all of the following information shall be provided:
(1) The date and amount of each activity expense.
(2) The full name and official position, if any, of the
beneficiary of each expense, a description of the benefit, and the
amount of the benefit.
(3) The full name of the payee of each expense if other than the
beneficiary.
(e) (1) A lobbying firm shall file a periodic report containing
all of the following:
(A) The full name, address, and telephone number of the lobbying
firm.
(B) The full name, business address, and telephone number of each
person who contracted with the lobbying firm for lobbying services, a
description of the specific lobbying interests of the person, and
the total payments, including fees and the reimbursement of expenses,
received from the person for lobbying services during the reporting
period.
(C) A copy of the periodic report completed and verified by each
lobbyist in the lobbying firm pursuant to paragraph (2).
(D) Each activity expense incurred by the lobbying firm, including
those reimbursed by a person who contracts with the lobbying firm
for lobbying services.
(E) The date, amount, and the name of the recipient of any
contribution of one hundred dollars ($100) or more made by the filer
to an authority official.
(2) A lobbyist shall complete and verify a periodic report, and
file his or her report with the filing officer, and a copy of the
report with his or her lobbying firm or lobbyist employer. The
periodic report shall contain all of the following:
(A) A report of all activity expenses by the lobbyist during the
reporting period.
(B) A report of all contributions of one hundred dollars ($100) or
more made or delivered by the lobbyist to any authority official
during the reporting period.
(3) A lobbyist employer shall file a periodic report containing
all of the following:
(A) The name, business address, and telephone number of the
lobbyist employer.
(B) The total amount of payments to each lobbying firm.
(C) The total amount of all payments to lobbyists employed by the
filer.
(D) A description of the specific lobbying interests of the filer.
(E) A periodic report, completed and verified by each lobbyist
employed by a lobbyist employer pursuant to paragraph (1) of
subdivision (e).
(F) Each activity expense of the filer and a total of all activity
expenses of the filer.
(G) The date, amount, and the name of the recipient of any
contribution of one hundred dollars ($100) or more made by the filer
to an authority official.
(H) The total of all other payments to influence authority action.
(4) (A) The periodic reports shall be filed within 30 days after
the end of each calendar quarter. The period covered shall be from
the beginning of the calendar year through the last day of the
calendar quarter prior to the 30-day period during which the report
is filed, except that the period covered by the first report a person
is required to file shall begin with the first day of the calendar
quarter in which the filer first registered or qualified.
(B) The original and one copy of each report shall be filed with
the filing officer, retained by the authority for a minimum of four
years, and available for inspection by the public during regular
working hours.
(f) (1) It is unlawful for a lobbyist, a lobbying firm, or a
lobbyist employer to make gifts to an authority official aggregating
more than ten dollars ($10) in a calendar month, to act as an agent
or intermediary in the making of any gift, or to arrange for the
making of any gift by any other person.
(2) It is unlawful for any authority official knowingly to receive
any gift that is made unlawful by this section. For the purposes of
this subdivision, "gift" has the same meaning as defined in Section
130051.17.
(g) No lobbyist or lobbying firm shall do any of the following:
(1) Do anything with the purpose of placing an authority official
under personal obligation to the lobbyist, the lobbying firm, or the
employer of the lobbyist or lobbying firm.
(2) Deceive or attempt to deceive any authority official with
regard to any material fact pertinent to any authority action.
(3) Cause or influence any authority action for the purpose of
thereafter being employed to secure its passage or defeat.
(4) Attempt to create a fictitious appearance of public favor or
disfavor of any authority action, or cause any communications to be
sent to any authority official in the name of any fictitious person
or in the name of any real person, except with the consent of that
real person.
(5) Represent falsely, either directly or indirectly, that the
lobbyist or the lobbying firm can control any authority official.
(6) Accept or agree to accept any payment that is contingent upon
the outcome of any authority action.
(h) Any person who knowingly or willfully violates any provision
of this section is guilty of a misdemeanor.
(i) The District Attorney of the County of Los Angeles is
responsible for the prosecution of violations of this section.
(j) Any person who violates any provision of this section is
liable in a civil action brought by the civil prosecutor or by a
person residing within the jurisdiction of the authority for an
amount up to five hundred dollars ($500), or three times the amount
of an unlawful gift or expenditure, whichever amount is greater.
(k) The authority shall reject any bid or other proposal to enter
into a contract with the authority by any person or entity that has
not complied with the registration and reporting requirements of this
section.
(l) The provisions of this section are not applicable to any of
the following:
(1) An elected public official who is acting in his or her
official capacity to influence authority action.
(2) Any newspaper or other periodical of general circulation, book
publisher, radio or television station that, in the ordinary course
of business, publishes or broadcasts news items, editorials, or other
documents, or paid advertisement, that directly or indirectly urges
authority action, if the newspaper, periodical, book publisher, radio
or television station engages in no further or other activities in
connection with urging authority action other than to appear before
the authority in support of, or in opposition to, the authority
action.
(m) No former authority official shall become a lobbyist for a
period of one year after leaving the authority.
130051.19. (a) The Los Angeles County Metropolitan Transportation
Authority shall adopt an affirmative action plan for its management
positions which reflects the ethnic demographics of the county,
taking into consideration the availability of the work force in the
various ethnic groups.
(b) The authority shall, prior to the approval of any contract by
the authority or by its organization units, adopt and implement a
disadvantaged business enterprise program which establishes
participation goals of not less than 15 percent of the dollar value
of all contracts by minority business enterprises and not less than 5
percent by women business enterprises.
(c) The authority shall establish a Transportation Business
Advisory Council to advise it on matters regarding the disadvantaged
business enterprise program to enable the authority to meet or exceed
women and minority business enterprise participation goals. Members
of the council shall be selected by the authority, and shall include
representatives of professional organizations and other groups which
advocate on behalf of greater participation of women and minority
business enterprises in public contracts. The chairperson of the
authority or his or her designee shall meet with the council, and the
authority shall provide adequate staff support for the council, and
shall consider all recommendations made by the council.
130051.20. (a) (1) No construction company, engineering firm,
consultant, legal firm, or any company, vendor, or business entity
seeking a contract with the Los Angeles County Metropolitan
Transportation Authority shall give to a member, alternate member, or
employee of the authority, or to any member of their immediate
families, a contribution of over ten dollars ($10) in value or
amount. A "contribution" includes contributions to candidates or
their committees in any federal, state, or local election.
(2) Neither the owner, an employee, or any member of their
immediate families, of any construction company, engineering firm,
consultant, legal firm, or any company, vendor, or business entity
seeking a contract with the authority shall make a contribution of
over ten dollars ($10) in value or amount to a member, alternate
member, or employee of the authority, or to any member of their
immediate families.
(3) No member, alternate member, or employee of the authority, or
member of their immediate families, shall accept, solicit, or direct
a contribution of over ten dollars ($10) in value or amount from any
construction company, engineering firm, consultant, legal firm, or
any company, vendor, or business entity seeking a contract with the
authority.
(4) No member, alternate member, or employee of the authority
shall make or participate in, or use his or her official position to
influence, a contract decision if the member, alternate member, or
employee has knowingly accepted a contribution of over ten dollars
($10) in value in the past four years from a participant, or its
agent, involved in the contract decision.
(5) No member, alternate member, or employee of the authority, or
member of their immediate families shall accept, solicit, or direct a
contribution of over ten dollars ($10) in value or amount from a
construction company, engineering firm, consultant, legal firm, or
any company, vendor, or business entity that has contracted with the
authority in the preceding four years.
(b) A member, alternate member, or employee of the authority who
has participated as a decisionmaker in the preparation, evaluation,
award, or implementation of a contract and who leaves the authority
shall not, within three years of leaving the authority, accept
employment with any company, vendor, or business entity that was
awarded a contract as a result of his or her participation,
evaluation, award, or implementation of that contract.
130051.21. The Los Angeles County Transportation Commission and the
Southern California Rapid Transit District shall each cause a
supplemental independent fiscal audit to be conducted for the period
beginning July 1, 1992, and ending March 30, 1993, for the purpose of
determining the financial condition of each agency prior to the
abolishment of those agencies pursuant to Section 130051.13.
Thereafter, the Los Angeles County Metropolitan Transportation
Authority shall cause an independent fiscal audit of the authority to
be conducted annually and shall consider the results of the audit at
a duly noticed public hearing.
130051.21. (a) The Los Angeles County Metropolitan Transportation
Authority shall require its inspector general to prepare a
prequalification questionnaire to be completed by each construction
company, engineering firm, consultant, legal firm, product vendor,
and any other business entity seeking to contract with the authority
for the furnishing of goods or services. The questionnaire shall, at
a minimum, solicit information on all of the following subjects
regarding the firm:
(1) Experience.
(2) Quality and timeliness of past performance.
(3) Reliability and responsibility.
(4) Compliance with equal employment requirements.
(5) Compliance with wage, hours, and other fair labor standards.
(6) Subcontractors used by the firm.
(7) Integrity of the firm and its key personnel.
(8) Gifts given, or contributions made, to members or alternate
members or employees of the authority.
(b) Neither the authority nor any of its organizational units
shall contract or do business with any responding firm that knowingly
provides false information in the questionnaire.
130051.23. Whenever the Los Angeles County Metropolitan
Transportation Authority by resolution determines that any record,
map, book, or paper in the possession of the authority or any officer
or employee thereof is of no further value to the authority, the
board may authorize its sale, destruction, or other disposition.
Documents significant to the activities of the authority, including,
but not limited to, board and committee agendas, incoming and
outgoing correspondence, and contractual documents, shall be
microfilmed or otherwise preserved prior to the sale, destruction, or
other disposition of the original.
130051.24. (a) For the purposes of this section, the following
terms have the following meanings, unless the context requires
otherwise:
(1) The "authority" is the Los Angeles County Metropolitan
Transportation Authority.
(2) A "transportation zone" is a public agency or a public benefit
corporation of which public agencies are the sole members
established on or after January 1, 1999, that assumes any of the
operating responsibilities described in paragraph (2) of subdivision
(a) of Section 130051.11 on or after that date, regardless of whether
the transportation zone is an included municipal operator, as
defined in Section 99207, or an included transit district, as defined
in Section 99208.
(b) (1) Except as authorized under paragraph (2), a transportation
zone shall assume and be bound by the terms and conditions of
employment set forth in any collective bargaining agreements between
the authority and any labor organizations affected by the creation of
the transportation zone as well as the duties, obligations, and
liabilities arising from, or relating to, labor obligations imposed
by state or federal law upon the authority.
(2) Notwithstanding paragraph (1), if the authority is engaged in
collective bargaining with labor organizations representing employees
who are subject to transfer to the transportation zone between the
date of approval of the transportation zone and the date of the
transfer of service to the transportation zone, the authority may
consult with the transportation zone regarding matters within the
scope of labor representation.
(c) (1) For a period of four years, commencing with the date of
transfer of service by the authority to the transportation zone, or
at the expiration date of any collective bargaining agreement that is
in effect during that four-year period, whichever is later,
employees of the transportation zone, together with like employees of
the authority, shall constitute appropriate collective bargaining
units. However, the transportation zone may be a separate employer
for other purposes.
(2) Upon expiration of the period described in paragraph (1),
employees of the transportation zone, at the option of the
transportation zone, may constitute appropriate collective bargaining
units that are independent of the collective bargaining units of the
authority.
(3) If independent bargaining units are established as authorized
under paragraph (2), the transportation zone may enter into
agreements with labor organizations as a separate employer, regarding
wages, benefits, and other terms and conditions of employment.
(4) The transportation zone shall maintain single employer
collective bargaining units for transportation operations and
maintenance employees. Those bargaining units shall contain
classifications for employees that are identical to those that
existed for the joint collective bargaining units of the authority
and the transportation zone under paragraph (1), unless modified by
mutual agreement between the transportation zone and the affected
labor organizations.
(d) (1) The authority shall retain, for the period described in
paragraph (1) of subdivision (c), the power of final approval of
labor contracts negotiated by it and a transportation zone with those
labor organizations representing collective bargaining units
consisting of both employees of the authority and the employees of
the transportation zone. However, the authority may not grant any
final approval of a labor agreement unless it has first consulted
with the transportation zone.
(2) Upon expiration of the period described in paragraph (1) of
subdivision (c), the authority shall have no final approval power
over any labor contract negotiated between a transportation zone and
a labor organization representing the employees of the transportation
zone.
(e) (1) A transportation zone shall maintain, as a cosponsor with
the authority, any retirement system established and maintained under
subdivision (b) of Section 130110, until participation in the
retirement system or retirement benefits are modified under the
collective bargaining process.
(2) The transportation zone may appoint at least one member to the
retirement board of the retirement system. If the size of the board
is increased pursuant to this section, an equivalent number of
representatives of the labor organization representing the employees
shall be appointed to the board to ensure that the board maintains an
equal number of employer and labor organization members.
(3) Prior to the transfer of any service to a transportation zone,
the plan administrator for the retirement system shall permit the
transportation zone to perform an actuarial financial examination of
the assets and liabilities of the retirement system and the benefits
accrued under it.
(4) The liability of the transportation zone for obligations under
the retirement system shall be limited to benefits accruing to
employees of the transportation zone.
(f) (1) The transportation zone shall maintain the health care
provisions contained in any assumed collective bargaining agreement,
until those provisions are modified through the collective bargaining
process.
(2) The transportation zone may not be held liable for financial
obligations to any health care provider that arose prior to the
direct transfer of employees from the authority to the transportation
zone.
(g) Labor relations in a transportation zone shall be governed
under Article 10 (commencing with Section 30750) of Chapter 4 of Part
3 of Division 10, except that whenever a duty or power is imposed
upon or granted to the authority under those provisions, the duty or
power, for the purposes of this section, shall be deemed to be
imposed upon or granted to the transportation zone as well as the
authority.
(h) Nothing in this section prohibits a transportation zone from
contracting for managerial services that are not provided by any
classification of any bargaining unit.
(i) A transportation zone is not an organizational unit of the
authority.
130051.25. (a) For the purpose of this section, "recordable injury"
means any injury requiring treatment beyond simple first aid.
(b) A construction firm that contracts with the Los Angeles County
Metropolitan Transportation Authority shall report total recordable
injuries to the authority on a monthly basis.
(c) The authority shall annually determine if the number of
recordable injuries reported to the authority during the preceding
calendar year exceeded the national average of similar injuries as
reported by the Bureau of Labor Statistics for the most recent
published year. If the authority determines that the number of
recordable injuries reported to the authority during the preceding
calendar year exceeded the national average, the authority shall not
base any safety bonus program for contractors on injuries that result
in lost time, and shall base such a program on the overall rate of
recordable injuries.
130051.28. (a) The Los Angeles County Metropolitan Transportation
Authority shall appoint an inspector general to a term of office of
four years. The inspector general shall be removed from office only
if either or both of the following occur:
(1) A two-thirds majority of the members of the authority votes
for removal.
(2) The inspector general violates a federal or state law or
regulation, a local ordinance, or a policy or practice of the
authority, relative to ethical practices, including, but not limited
to, the acceptance of gifts or contributions.
(b) The inspector general shall, at a noticed public hearing of
the authority, report quarterly on the expenditures of the authority
for travel, meals and refreshments, private club dues, membership
fees and other charges, and any other expenditures which are
specified by the authority.
(c) Any investigatory file compiled by the inspector general is an
investigatory file compiled by a local law enforcement agency
subject to disclosure pursuant to subdivision (f) of Section 6254 of
the Government Code.
130052. The Orange County Transportation Commission shall be known
as the Orange County Transportation Authority and shall be governed
by a board of directors consisting of 18 members appointed as
follows:
(a) Five members of the Orange County Board of Supervisors
appointed by that board. Terms of office of the five members of the
board of supervisors shall be determined by the board of supervisors.
A board of supervisors member's term shall cease if he or she no
longer serves as a member of the board of supervisors.
(b) (1) (A) Five city members, with one from each of the five
supervisorial districts, elected by the Orange County City Selection
Committee members within each supervisorial district on a
population-weighted voting basis.
(B) Five city members, with one from each of the five
supervisorial districts, elected on a "one city, one vote" basis by
the Orange County City Selection Committee members within each
supervisorial district.
(2) A city that is within more than one supervisorial district
shall be considered part of the district where the highest percentage
of the city's population resides. Under this circumstance, the
entire city's population shall be used for population-weighted voting
purposes. Each city member shall be a mayor or a city council member
serving within the county. Terms of office of each city member shall
be determined by the Orange County City Selection Committee. A city
member's term shall cease if he or she no longer serves as a member
of a city council or as the mayor of a city.
(3) A city member serving on the authority on the effective date
of the act amending this section in the 2003-04 Regular Session shall
continue to serve until the earliest of either the expiration of his
or her term or until he or she no longer serves as a mayor or member
of a city council.
(c) Two public members appointed by a majority vote of the other
15 voting members of the authority. Each public member shall be a
resident of Orange County who is not then serving, and has not within
the last four years served, as an elected official of a city within
the county, as an elected official of any agency or special district
within Orange County, or as an elected official of the county. Each
public member shall serve for a term of four years.
(d) The Director of Transportation, District 12, who shall be
appointed by the Governor as a nonvoting member. The member shall
serve for a term of four years.
130052.1. The members of the Orange County Transportation
Authority, comprised as specified by Section 130052, shall serve as
the governing body of the Orange County Service Authority for Freeway
Emergencies.
130052.2. Until July 1, 1996, any included municipal operator
within the jurisdiction of the Orange County Transportation Authority
shall annually be allocated a level of funding pursuant to the
Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)
of Part 11 of Division 10) which is not less than the amount
allocated to that operator during the 1989-90 fiscal year adjusted by
an amount equal to the previous year's allocation multiplied by the
Los Angeles-Anaheim-Riverside Consumer Price Index, if the
apportionment under Section 99231 is not exceeded, and the operator
complies with the expenditure limit prescribed by Section 99268.
130052.3. (a) The Orange County Transportation Commission, the
Orange County Transit District, the Orange County Service Authority
for Freeway Emergencies, and the Orange County Consolidated
Transportation Services Agency shall jointly develop a comprehensive
plan for consolidation of the functions of these agencies. The plan
shall include, but not be limited to, all of the following:
(1) An institutional structure that provides for the consolidation
of all functions of the agencies within a unified management
structure responsible to a single policy board.
(2) A staffing plan that defines the personnel needs of the
consolidated agencies.
(3) A financial plan that includes an estimate of the revenues
available to the consolidated agencies, related restrictions or
requirements, and an estimate of the expenditures under the
consolidation plan.
(4) Recommendations for legislation necessary to implement the
plan.
(b) The plan shall be approved by the Orange County Transportation
Commission and the Board of Directors of the Orange County Transit
District and shall be transmitted to the Legislature, the Governor,
and the Controller on or before December 1, 1991.
(c) If the plan is not submitted by December 1, 1991, the
Controller shall, during the 1992-93 fiscal year, withhold payments
pursuant to Sections 2104, 2105, 2106, and 2107 of the Streets and
Highways Code to every city in Orange County, and the County of
Orange.
(d) Nothing in this section prohibits the Orange County
Transportation Commission, the Orange County Transit District, the
Orange County Service Authority for Freeway Emergencies, or the
Orange County Consolidated Transportation Services Agency, pursuant
to any authority which each respective agency possessed on January 1,
1991, from implementing all or part of the plan prior to its receipt
by the Legislature.
130053. The Riverside County Transportation Commission shall
consist of the following regular members:
(a) Five members of the Riverside County Board of Supervisors.
(b) One member from each incorporated city in Riverside County,
each of whom shall be a mayor or city council member.
(c) One nonvoting member appointed by the Governor.
130053.5. (a) The Riverside County Board of Supervisors shall
establish a procedure by which a member of that board may appoint an
alternate member of the board of supervisors to represent the member
for one meeting of the Riverside County Transportation Commission.
Notice of the alternate appointment shall be made in writing to the
clerk of the commission 24 hours prior to the meeting.
(b) Each incorporated city in Riverside County shall appoint one
alternate member to the commission who shall represent the regular
member of the commission who serves on behalf of the city, if the
regular member is not in attendance at a meeting. Notice of the
alternate appointment shall be made in writing to the clerk of the
commission 24 hours prior to the meeting. If an incorporated city
appoints an alternate member, the alternate member shall be either
the mayor or a city council member of that incorporated city.
130053.7. (a) Except as specified in subdivision (b), each regular
member of the Riverside County Transportation Commission, or an
alternate member acting in the place of a regular member pursuant to
Section 130053.5, shall have one vote at meetings of the commission.
(b) Notwithstanding subdivision (a), any member of the commission,
immediately after a vote of the commission in accordance with
subdivision (a), may call for a weighted vote. For an item to be
passed by weighted vote, all of the following requirements shall be
met:
(1) The item shall be approved by a majority of the commission
members present at the meeting who represent the board of
supervisors, who each shall have one vote.
(2) The item shall be approved by a majority of the commission
members present at the meeting who represent cities in Riverside
County, who each shall have one vote.
(3) The item shall be approved by commission members present at
the meeting who represent cities in Riverside County representing a
majority of the population of the county living in incorporated
areas. For the purpose of this paragraph, each regular commission
member at the meeting who represents a city in Riverside County shall
be assigned votes based on the percentage of the population of
incorporated areas of Riverside County represented by that member in
relation to the total population of incorporated areas of Riverside
County represented at the meeting. Population data shall be
determined through Department of Finance estimates, adjusted
annually.
(c) Notwithstanding Section 130102, a quorum of the Riverside
County Transportation Commission shall be a majority of the total
voting membership of the commission.
130054. The San Bernardino County Transportation Commission shall
be the San Bernardino Associated Governments, consisting of the
following members:
(a) Five members of the San Bernardino County Board of
Supervisors.
(b) The Mayor of the City of San Bernardino.
(c) One member from each of the other incorporated cities of San
Bernardino County, who shall be a mayor or a city councilman.
(d) One nonvoting member appointed by the Governor.
130054.1. The Ventura County Transportation Commission shall
consist of the following members:
(a) Five members of the Ventura County Board of Supervisors.
(b) One member from each incorporated city within Ventura County
who shall be the mayor of the city or a member of its city council.
The term of a member under this subdivision terminates when he or she
ceases to hold that office or when replaced by the city council.
(c) One citizen member appointed by the Ventura County Board of
Supervisors, who shall not be an elected official, but who shall be a
resident of Ventura County.
(d) One citizen member appointed by the Ventura County City
Selection Committee, who shall not be an elected official, but who
shall be a resident of Ventura County.
(e) One nonvoting member appointed by the Governor.
130054.8. The Governor shall appoint a nonvoting member to each of
the commissions to represent the interest of state.
The appointees shall serve terms of four years and until their
successors are appointed and qualified.
No individual shall serve as a nonvoting member more than two
terms on a commission.
130055. The commissions shall merge with, or otherwise join, any
statutorily created multifunctional regional government organization,
if it has transportation planning and programming responsibilities
as specified in Article 5 (commencing with Section 130300) of Chapter
4, within one year of creation of such an organization.
130056. The commissions shall rely to the maximum extent possible
on existing state, regional, and local transportation planning and
programming data and expertise, rather than on a large duplicative
commission staff and set of plans.
The Legislature envisions the development of a small, but very
capable, core staff able to provide the commissions with an objective
analysis of the various options relative to plans and proposed
projects of the regional and local transportation agencies and
operators, and then translate those options into a short-range
transportation improvement program to be developed and approved
pursuant to subdivision (b) of Section 130303 in accordance with
decisions made by the commissions.
130057. It is the intent of the Legislature that, after the
development and approval of the short-range transportation
improvement program pursuant to subdivision (b) of Section 130303,
the transportation agencies responsible for the implementation of the
program shall be granted discretion on how to best implement the
program. Any changes made in the program by such an agency in its
implementation shall be consistent with the purposes of the program,
and the commission shall be immediately notified of such changes.
130058. It is the intent of the Legislature that, working through
the multicounty designated transportation planning agency, the four
commissions be encouraged to develop joint powers agreements or other
contractual arrangements between themselves in the development of
transportation facilities or for the provision of transportation
services where the commissions feel such arrangements are in the
public interest.
130059. The multicounty designated transportation planning agency
shall convene at least two meetings annually of representatives from
each of the four commissions, the agency, and the Department of
Transportation for the following purposes:
(a) To review and discuss the near-term transportation improvement
programs prior to adoption by the commissions.
(b) To review and discuss the regional transportation plan prior
to adoption by the agency pursuant to Chapter 2.5 (commencing with
Section 65080) of Title 7 of the Government Code.
(c) To consider progress in the development of a regionwide and
unified public transit system.
(d) To review and discuss any other matter of mutual concern.
130050. There is hereby created a commission in Los Angeles County,
in Orange County, in Riverside County, and in San Bernardino County.
130050.1. There is hereby created the Ventura County Transportation
Commission. The commission shall be the successor agency to the
Ventura County Association of Governments and shall assume all assets
and liabilities of that association.
Notwithstanding Section 180050, the Board of Supervisors of
Ventura County may designate the commission as the authority to carry
out the provisions of Division 19 (commencing with Section 180000).
130050.2. There is hereby created the Los Angeles County
Metropolitan Transportation Authority. The authority shall be the
single successor agency to the Southern California Rapid Transit
District and the Los Angeles County Transportation Commission as
provided by the act that enacted this section.
130051. The Los Angeles County Metropolitan Transportation
Authority consists of 14 members, as follows:
(a) Five members of the Los Angeles County Board of Supervisors.
If the number of members of the Los Angeles County Board of
Supervisors is increased, the authority shall, within 60 days of the
increase, submit a plan to the Legislature for revising the
composition of the authority.
(b) The Mayor of the City of Los Angeles.
(c) Two public members and one member of the City Council of the
City of Los Angeles appointed by the Mayor of the City of Los
Angeles.
(d) Four members, each of whom shall be a mayor or a member of a
city council, appointed by the Los Angeles County City Selection
Committee. For purposes of the selection of these four members, the
County of Los Angeles, excluding the City of Los Angeles, shall be
divided into the following four sectors:
(1) The North County/San Fernando Valley sector.
(2) The Southwest Corridor sector.
(3) The San Gabriel Valley sector.
(4) The Southeast Long Beach sector.
The League of California Cities, Los Angeles County Division,
shall define the sectors. Every city within a sector shall be
entitled to vote to nominate one or more candidates from that sector
for consideration for appointment by the Los Angeles County City
Selection Committee. A city's vote shall be weighted in the same
proportion that its population bears to the total population of all
cities within the sector.
The members appointed pursuant to this subdivision shall be
appointed by the Los Angeles County City Selection Committee upon an
affirmative vote of its members which represent a majority of the
population of all cities within the county, excluding the City of Los
Angeles.
The members selected by the city selection committee shall serve
four-year terms with no limitation on the number of terms that may be
served by any individual. The city selection committee may shorten
the initial four-year term for one or more of the members for the
purpose of ensuring that the members will serve staggered terms.
(e) If the population of the City of Los Angeles, at any time,
becomes less than 35 percent of the combined population of all cities
in the county, the position of one of the two public members
appointed pursuant to subdivision (c), as determined by the Mayor of
the City of Los Angeles by lot, shall be vacated, and the vacant
position shall be filled by appointment by the city selection
committee pursuant to subdivision (d) from a city not represented by
any other member appointed pursuant to subdivision (d).
(f) One nonvoting member appointed by the Governor.
130051.1. Notwithstanding subdivision (c) of Section 130051, if a
member appointed by the Mayor of the City of Los Angeles is not a
member of the city council of that city, the person appointed may
serve for 60 days without consent of the city council.
130051.5. Every member of the Los Angeles County Metropolitan
Transportation Authority is subject to Section 87100 of the
Government Code.
130051.6. (a) Except as provided in subdivision (b), each member of
the Los Angeles County Metropolitan Transportation Authority shall
serve a term of four years or until his or her successor is appointed
and qualified. A member may be removed at the pleasure of the
appointing authority. A member may be reappointed for additional
terms without limitation on the number of reappointments. Other than
the member initially appointed by the Governor, and members appointed
to staggered terms pursuant to subdivision (e) of Section 130051,
the members initially appointed shall serve until January 1, 1997.
(b) The membership of any member serving on the authority as a
result of holding another public office shall terminate when the
member ceases holding the other public office.
130051.7. (a) The Los Angeles County Transportation Commission and
the Southern California Rapid Transit District shall conduct joint
regular meetings at least once during each quarter of the calendar
year.
(b) Notwithstanding subdivisions (a) and (b) of Section 130051,
the members of the Los Angeles County Board of Supervisors and the
Mayor of the City of Los Angeles, rather than their alternates, shall
personally serve at the joint meetings.
(c) Notwithstanding Section 30201, the members of the Los Angeles
County Board of Supervisors, rather than their appointees, shall
personally serve at the joint meetings.
(d) Notwithstanding Section 30201, the Mayor of the City of Los
Angeles, rather than the mayor's appointee, shall personally serve at
the joint meetings as one of the two directors representing the City
of Los Angeles.
(e) It is the intent of the Legislature that reasonable efforts be
made to discuss major fiscal and policy items related to the Los
Angeles County Transportation Commission and the Southern California
Rapid Transit District at the meetings required by subdivision (a).
This statement of legislative intent shall not be construed as
requiring any action which would interfere with, delay, or otherwise
impede the orderly and proper functioning of the Los Angeles County
Transportation Commission or the Southern California Rapid Transit
District.
130051.9. (a) The Los Angeles County Metropolitan Transportation
Authority shall appoint a full-time chief executive officer who shall
act for the authority under its direction and perform those duties
delegated by the authority.
(b) The chief executive officer shall be appointed to a term of
four years and shall be removed from office only upon the occurrence
of one or both of the following:
(1) A two-thirds majority of the members of the authority votes
for removal.
(2) The chief executive officer violates a federal or state law,
regulation, local ordinance, or policy or practice of the authority,
relative to ethical practices, including, but not limited to, the
acceptance of gifts or contributions.
(c) The chief executive officer shall approve and award all
contracts for construction, and that approval shall be based upon the
lowest responsible and responsive bid submitted.
(d) The Los Angeles County Metropolitan Transportation Authority
shall appoint a general counsel and board secretary.
130051.10. (a) The members of the Los Angeles County Metropolitan
Transportation Authority shall be appointed no later than February 1,
1993. The authority shall have no powers, duties, or
responsibilities until February 1, 1993.
(b) From February 1, 1993, until April 1, 1993, the Los Angeles
Metropolitan Transportation Authority, exclusively, may exercise any
of the powers of the board of directors of the Southern California
Rapid Transit District and the governing body of the Los Angeles
County Transportation Commission, except those powers that the
authority has expressly delegated to the district or to the
commission.
130051.11. (a) The Los Angeles County Metropolitan Transportation
Authority may determine its organizational structure, which may
include, but is not limited to, the establishment of departments,
divisions, subsidiary units, or similar entities. Any department,
division, subsidiary unit, or similar entity established by the
authority shall be referred to in this chapter as an "organizational
unit." The authority shall, at a minimum, establish the following
organizational units:
(1) A transit construction organizational unit to assume the
construction responsibilities for all exclusive public mass transit
guideway construction projects in Los Angeles County.
(2) An operating organizational unit with the following
responsibilities:
(A) The operating responsibilities of the former Southern
California Rapid Transit District on all exclusive public mass
transit guideway projects in the County of Los Angeles.
(B) The operation of bus routes operated by the former Southern
California Rapid Transit District, and all the duties, obligations,
and liabilities of the district relating to those bus routes.
(3) A transportation planning and programming organizational unit
with all planning responsibilities previously performed by the former
Southern California Rapid Transit District and the former Los
Angeles County Transportation Commission.
(b) Nothing in this section shall be construed to require specific
bus routes to be operated. The authority or the operating
organizational unit may make any adjustment with respect to bus
routes, bus services, or both, which is within the power of the
former Los Angeles County Transportation Commission, or the former
Southern California Rapid Transit District.
(c) Any obligations of the former Southern California Rapid
Transit District arising out of a collective bargaining agreement
entered into by the district shall be the exclusive obligations of
the Los Angeles County Metropolitan Transportation Authority. It is
the intent of the Legislature that the rights or obligations under
any collective bargaining agreement in existence on January 1, 1993,
not be enlarged or diminished by this section or any other provision
of the act which added this section.
(d) No collective bargaining agreement entered into by the former
Southern California Rapid Transit District on or after January 1,
1993, shall be effective unless approved by the Los Angeles County
Metropolitan Transportation Authority. The authority's approval of an
agreement shall cause the agreement to be binding upon the
authority.
(e) On and after April 1, 1993, any reference to the former
Southern California Rapid Transit District in Article 10 (commencing
with Section 30750) of Chapter 5 of Part 3 of Division 10 is deemed
to refer to the Los Angeles County Metropolitan Transportation
Authority.
(f) The Los Angeles County Metropolitan Transportation Authority
may administratively delegate to an organizational unit or to its
chief executive officer any powers and duties it deems appropriate.
Powers and duties which may be delegated to an organizational unit
include, but are not limited to, the following:
(1) The power of eminent domain.
(2) Approval of contracts, except the final approval of labor
contracts.
(3) Hearing and resolving bid protests.
(4) Preparation of supporting documents and findings, and approval
of contracts, under Sections 130233, 130234, 130236, and 130237
within guidelines adopted by the board of directors.
(g) The Los Angeles County Metropolitan Transportation Authority
shall establish a citizens' advisory council pursuant to subdivision
(d) of Section 130105.
130051.12. (a) The Los Angeles County Metropolitan Transportation
Authority shall, at a minimum, reserve to itself exclusively, all of
the following powers and responsibilities:
(1) Establishment of overall goals and objectives to achieve
optimal transport service for the movement of goods and people on a
countywide basis.
(2) Adoption of the aggregate budget for all organizational units
of the authority.
(3) Designation of additional included municipal operators
pursuant to subdivision (f) of Section 99285.
(4) Approval of final rail corridor selections.
(5) Final approval of labor contracts covering employees of the
authority and organizational units of the authority.
(6) Establishment of the authority's organizational structure.
(7) Conducting hearings and the setting of fares for the operating
organizational unit established pursuant to paragraph (2) of
subdivision (a) of Section 130051.11.
(8) (A) Approval of transportation zones.
(B) In determining the cost-effectiveness of any proposed
transportation zone, the authority may not approve or disapprove a
transportation zone based upon consideration of rates of wages and
other forms of compensation or hours and working conditions of
employees of the proposed transportation zone.
(C) Any determination of efficiencies that may be derived from the
approval of a transportation zone shall include consideration of
maintaining the prevailing rate of wages, hours, and other terms and
conditions of employment contained in current collective bargaining
agreements applicable to the authority as required under subdivision
(d) of Section 130051.11.
(D) A proposed transportation zone is not required to demonstrate
lower operating costs than those of the existing operator or
operators of the service to be transferred to the zone, but shall
demonstrate that the net cost will not be greater than the current
service.
(9) Approval of the issuance of any debt instrument with a
maturity date that exceeds the end of the fiscal year in which it is
issued.
(10) Approval of benefit assessment districts and assessment
rates.
(11) Approval of contracts for transit equipment acquisition that
exceed five million dollars ($5,000,000), and making the findings
required by subdivision (c) of Section 130238.
(b) The Los Angeles County Metropolitan Transportation Authority
shall in conjunction with the other municipal operators in the County
of Los Angeles perform a security assessment once every five years
to determine the safety and security measures required to protect the
operation of their systems and their passengers.
130051.13. On April 1, 1993, the Southern California Rapid Transit
District and the Los Angeles County Transportation Commission are
abolished. Upon the abolishment of the district and the commission,
the Los Angeles County Metropolitan Transportation Authority shall
succeed to any or all of the powers, duties, rights, obligations,
liabilities, indebtedness, bonded and otherwise, immunities, and
exemptions of the district and its board of directors and the
commission and its governing body.
130051.14. On and after April 1, 1993, any reference in this part,
or in any other provision of law or regulation, to the Southern
California Rapid Transit District or to the Los Angeles County
Transportation Commission or to the county transportation commission
in general shall be deemed to refer to the Los Angeles County
Metropolitan Transportation Authority.
130051.15. (a) Upon the abolishment of the Southern California
Rapid Transit District and the Los Angeles County Transportation
Commission, the Los Angeles County Metropolitan Transportation
Authority shall assume the rights and obligations of the district and
the commission under any contract to which the district or the
commission is a party and which is to be performed, in whole or in
part, on or after January 1, 1993. All real and personal property
owned by the district or the commission shall be transferred to the
authority by operation of law.
(b) The Los Angeles County Metropolitan Transportation Authority
shall assume, without any condition whatsoever, all responsibilities
and obligations previously assumed by the Southern California Rapid
Transit District or the Los Angeles County Transportation Commission
with regard to the full funding agreement, including all agreements
pursuant to Section 13(c) of the Urban Mass Transportation Act of
1964 which relate to the full funding agreement, with the Federal
Transit Administration for the funding of the Los Angeles County
Metro Rail Project. It is the intent of the Legislature that nothing
in this act shall enlarge or diminish the projects covered or any
rights or obligations under any existing agreements pursuant to
Section 13(c).
(c) The Los Angeles County Metropolitan Transportation Authority
shall not, until April 1, 1993, renew or extend any personal services
contract entered into between either the Los Angeles County
Transportation Commission or the Southern California Rapid Transit
District and an employee or former employee of either agency prior to
January 1, 1993.
130051.16. Notwithstanding any other provision of law, the Los
Angeles County Metropolitan Transportation Authority shall assume the
duties, obligations, and liabilities of the Southern California
Rapid Transit District, including those duties, obligations, and
liabilities arising from or relating to collective bargaining
agreements or labor obligations imposed by state or federal law, only
to the extent that the authority is acting pursuant to specific
duties, obligations, liabilities, rights, or powers to which it
succeeded as a result of the abolishment of the district pursuant to
Section 130051.13.
130051.17. (a) Prior to the approval of any contract by the Los
Angeles County Metropolitan Transportation Authority, or by any
organizational unit of the authority, the authority shall adopt an
ordinance comparable to Chapter 9.5 (commencing with Section 89500)
of Title 9 of the Government Code, which regulates the acceptance of
gifts by members of the authority, members of the board of an
organizational unit, and designated employees, as defined by Section
82019 of the Government Code, of the authority. The ordinance shall
prohibit any designated employee of the authority from accepting
gifts with a total value of more than two hundred fifty dollars
($250) in a calendar year from any single source.
(b) The ordinance shall require the limitations on receiving gifts
by members of the authority, and members of the board of an
organizational unit who are not elected local officials to be
substantially comparable to those specified by Chapter 9.5
(commencing with Section 89500) of Title 9 of the Government Code.
(c) For the purposes of this section, "gift" has the same meaning
as defined in Section 82028 of the Government Code.
(d) (1) Payments, advances, or reimbursements, for travel,
including actual transportation and related lodging and subsistence
which is reasonably related to a governmental purpose, or to an issue
of local, state, national or international public policy, is not
prohibited or limited by this section if either of the following
apply:
(A) The travel is in connection with a speech given by a member,
member of the board of an organizational unit, or designated
employee, the lodging and subsistence expenses are limited to the day
immediately preceding, the day of, and the day immediately following
the speech, and the travel is within the United States.
(B) The travel is provided by a government, a governmental agency,
a foreign government, a governmental authority, a bona fide public
or private educational institution, as defined in Section 203 of the
Revenue and Taxation Code, or a nonprofit charitable or religious
organization which is exempt from taxation under Section 501(c)(3) of
the Internal Revenue Code, or by a person domiciled outside the
United States which substantially satisfies the requirements for tax
exempt status under Section 501(c)(3) of the Internal Revenue Code.
(2) Gifts of travel not described in paragraph (1) are subject to
the limits in this section.
(3) Paragraph (1) applies only to travel which is reported on the
recipient's statement of economic interest.
(4) For purposes of this section, a gift does not include travel
which is provided by the Los Angeles County Metropolitan
Transportation Authority.
(5) (A) The policy shall specify appropriate penalties for
violations by employees including, but not limited to, personnel
action.
(B) The policy shall specify appropriate penalties for violations
by members of the authority, and the members of the board of an
organizational unit who are not subject to Chapter 9.5 (commencing
with Section 89500) of Title 9 of the Government Code, which shall
include, but not be limited to, removal from office by the appointing
authority.
130051.18. Prior to the approval of any contract by the Los Angeles
County Metropolitan Transportation Authority, or by any
organizational unit of the authority, the authority shall adopt and
implement an ordinance for the regulation of lobbying that shall
include, at a minimum, the provisions of this section.
(a) For purposes of this section, the following terms are defined
as follows:
(1) "Activity expense" means any expense incurred, or payment
made, by a lobbyist, lobbying firm, or lobbyist employer, or arranged
by a lobbyist, lobbying firm, or lobbyist employer, that benefits in
whole or in part any authority official or a member of the immediate
family of an authority official.
(2) "Administrative testimony" means influencing or attempting to
influence authority action undertaken by any person or entity who
does not seek to enter into a contract or other arrangement with the
authority by acting as counsel in, appearing as a witness in, or
providing written submissions, including answers to inquiries, which
become a part of the record of, any proceeding of the authority that
is conducted as an open public hearing for which public notice is
given.
(3) "Authority" means the Los Angeles County Metropolitan
Transportation Authority and all of its organizational units as
defined by Section 130051.11.
(4) "Authority action" means the drafting, introduction,
consideration, modification, enactment, or defeat of an ordinance,
resolution, contract, or report by the governing board of an
organizational unit of the authority, or by an authority official,
including any action taken, or required to be taken, by a vote of the
members of the authority or by the members of the governing board of
an organizational unit of the authority, except those actions
relating to Article 10 (commencing with Section 30750) of Chapter 5
of Part 3 of Division 10.
(5) "Authority official" means any member of the authority, member
of an organizational unit of the authority, or employee of the
authority.
(6) "Contribution" means a payment, a forgiveness of a loan, a
payment of a loan by a third party, or an enforceable promise to make
a payment, except to the extent that full and adequate consideration
is received, unless it is clear from the surrounding circumstances
that it is not made for political purposes.
An expenditure made at the behest of a candidate, committee, or
elected officer is a contribution to the candidate, committee, or
elected officer unless full and adequate consideration is received
for making the expenditure.
"Contribution" also includes the purchase of tickets for events
such as dinners, luncheons, rallies, and similar fundraising events;
the candidate's own money or property used on behalf of his or her
candidacy; the granting of discounts or rebates not extended to the
public generally or the granting of discounts or rebates by
television and radio stations and newspapers not extended on an equal
basis to all candidates for the same office; the payment of
compensation by any person for the personal services or expenses of
any other person if those services are rendered or expenses are
incurred on behalf of a candidate or committee without payment of
full and adequate consideration.
"Contribution" also includes any transfer of anything of value
received by a committee from another committee, unless full and
adequate consideration is received.
"Contribution" does not include amounts received pursuant to an
enforceable promise to the extent that those amounts have been
previously reported as a contribution. However, the fact that those
amounts have been received shall be indicated in the appropriate
campaign statement.
"Contribution" does not include a payment made by an occupant of a
home or office for costs related to any meeting or fundraising event
held in the occupant's home or office if the costs for the meeting
or fundraising event are five hundred dollars ($500) or less.
"Contribution" does not include volunteer personal services or
payments made by any individual for his or her own travel expenses if
those payments are made voluntarily without any understanding or
agreement that they shall be, directly or indirectly, repaid to him
or her.
(7) "Employee of the authority" means anyone who receives
compensation from the authority for full-time or part-time
employment, and any contractor, subcontractor, consultant, expert, or
adviser acting on behalf of, or providing advice to, the authority.
(8) "Filing officer" means the individual designated by the
authority with whom statements and reports required by this section
shall be filed.
(9) "Lobbying" means influencing or attempting to influence
authority action through direct or indirect communication, other than
administrative testimony, with an authority official.
(10) "Lobbying firm" means any business entity, including an
individual lobbyist, that meets either of the following criteria:
(A) The business entity receives or becomes entitled to receive
any compensation, other than reimbursement for reasonable travel
expenses, for the purpose of influencing authority action on behalf
of any other person, if any partner, owner, officer, or employee of
the business entity is a lobbyist.
(B) The business entity receives or becomes entitled to receive
any compensation, other than reimbursement for reasonable travel
expenses, to communicate directly with any agency official for the
purpose of influencing authority action on behalf of any other
person, if a substantial or regular portion of the activities for
which the business entity receives compensation is for the purpose of
influencing authority action.
(11) "Lobbyist" means any individual who receives any economic
consideration, other than reimbursement for reasonable travel
expenses, for lobbying, including consultants and officers or
employees of any business entity seeking to enter into a contract
with the authority.
(12) "Lobbyist employer" means any person, other than a lobbying
firm, who does either of the following:
(A) Employs one or more lobbyists for the purpose of influencing
authority action.
(B) Contracts for the services of a lobbying firm for economic
consideration for the purpose of influencing authority action.
(b) (1) Lobbyists, lobbying firms, and lobbyist employers shall
register with the filing officer within 10 days after qualifying as a
lobbyist, lobbying firm, or lobbyist employer. Registration shall be
completed prior to the commencement of lobbying by the lobbyist.
Registration shall include the filing of a registration statement,
and the payment of any fees authorized by this section. Registration
shall be renewed annually by the filing of a new registration
statement and the payment of a fee.
(2) Each lobbyist, lobbying firm, and lobbyist employer required
to register under this section may be charged a fee by the authority
in an amount necessary to pay the direct costs of implementing this
section.
(3) The lobbyist registration statement shall include all of the
following:
(A) The name, address, and telephone number of the lobbyist.
(B) For each person from whom the lobbyist receives compensation
to provide lobbying services, all of the following:
(i) The full name, business address, and telephone number of the
person.
(ii) A written authorization signed by the person.
(iii) The time period of the contract or employment agreement.
(iv) The lobbying interests of the person.
(C) A statement signed by the lobbyist certifying that he or she
has read and understands the prohibitions contained in subdivisions
(f) and (g).
(4) The registration statement of a lobbying firm shall include
all of the following:
(A) The full name, business address, and telephone number of the
lobbying firm.
(B) A list of the lobbyists who are partners, owners, officers, or
employees of the lobbying firm.
(C) For each person with whom the lobbying firm contracts to
provide lobbying services, all of the following:
(i) The full name, business address, and telephone number of the
person.
(ii) A written authorization signed by the person.
(iii) The time period of the contract.
(iv) Information sufficient to identify the lobbying interests of
the person.
(D) A statement signed by the designated responsible person that
he or she has read and understands the prohibitions contained in
subdivisions (f) and (g).
(5) The registration statement of a lobbyist employer shall
include all of the following:
(A) The full name, business address, and telephone number of the
lobbyist employer.
(B) A list of the lobbyists who are employed by the lobbyist
employer.
(C) The lobbying interests of the lobbyist employer, including
identification of specific contracts or authority actions.
(D) A statement signed by the designated responsible person that
he or she has read and understands the prohibitions contained in
subdivisions (f) and (g).
(6) (A) The registration statement may be amended within 10 days
of a change in the information included in the statement. However, if
the change includes the name of a person by whom a lobbyist is
retained, the registration statement shall be amended to show that
change prior to the commencement of lobbying by the lobbying firm or
the lobbyist.
(B) Lobbying firms and lobbyist employers upon ceasing all
lobbying activity that required registration shall file a notice of
termination within 30 days after the cessation.
(C) Lobbyists and lobbyist firms are subject to subdivisions (f)
and (g) for 12 months after filing a notice of termination.
(c) Lobbyists, lobbying firms, and lobbyist employers that receive
payments, make payments, or incur expenses, or expect to receive
payments, make payments, or incur expenses, in connection with
activities that are reportable pursuant to this section shall keep
detailed accounts, records, bills, and receipts for four years, and
shall make them reasonably available for inspection for the purposes
of auditing for compliance with, or enforcement of, this section.
(d) When a person is required to report activity expenses pursuant
to this section, all of the following information shall be provided:
(1) The date and amount of each activity expense.
(2) The full name and official position, if any, of the
beneficiary of each expense, a description of the benefit, and the
amount of the benefit.
(3) The full name of the payee of each expense if other than the
beneficiary.
(e) (1) A lobbying firm shall file a periodic report containing
all of the following:
(A) The full name, address, and telephone number of the lobbying
firm.
(B) The full name, business address, and telephone number of each
person who contracted with the lobbying firm for lobbying services, a
description of the specific lobbying interests of the person, and
the total payments, including fees and the reimbursement of expenses,
received from the person for lobbying services during the reporting
period.
(C) A copy of the periodic report completed and verified by each
lobbyist in the lobbying firm pursuant to paragraph (2).
(D) Each activity expense incurred by the lobbying firm, including
those reimbursed by a person who contracts with the lobbying firm
for lobbying services.
(E) The date, amount, and the name of the recipient of any
contribution of one hundred dollars ($100) or more made by the filer
to an authority official.
(2) A lobbyist shall complete and verify a periodic report, and
file his or her report with the filing officer, and a copy of the
report with his or her lobbying firm or lobbyist employer. The
periodic report shall contain all of the following:
(A) A report of all activity expenses by the lobbyist during the
reporting period.
(B) A report of all contributions of one hundred dollars ($100) or
more made or delivered by the lobbyist to any authority official
during the reporting period.
(3) A lobbyist employer shall file a periodic report containing
all of the following:
(A) The name, business address, and telephone number of the
lobbyist employer.
(B) The total amount of payments to each lobbying firm.
(C) The total amount of all payments to lobbyists employed by the
filer.
(D) A description of the specific lobbying interests of the filer.
(E) A periodic report, completed and verified by each lobbyist
employed by a lobbyist employer pursuant to paragraph (1) of
subdivision (e).
(F) Each activity expense of the filer and a total of all activity
expenses of the filer.
(G) The date, amount, and the name of the recipient of any
contribution of one hundred dollars ($100) or more made by the filer
to an authority official.
(H) The total of all other payments to influence authority action.
(4) (A) The periodic reports shall be filed within 30 days after
the end of each calendar quarter. The period covered shall be from
the beginning of the calendar year through the last day of the
calendar quarter prior to the 30-day period during which the report
is filed, except that the period covered by the first report a person
is required to file shall begin with the first day of the calendar
quarter in which the filer first registered or qualified.
(B) The original and one copy of each report shall be filed with
the filing officer, retained by the authority for a minimum of four
years, and available for inspection by the public during regular
working hours.
(f) (1) It is unlawful for a lobbyist, a lobbying firm, or a
lobbyist employer to make gifts to an authority official aggregating
more than ten dollars ($10) in a calendar month, to act as an agent
or intermediary in the making of any gift, or to arrange for the
making of any gift by any other person.
(2) It is unlawful for any authority official knowingly to receive
any gift that is made unlawful by this section. For the purposes of
this subdivision, "gift" has the same meaning as defined in Section
130051.17.
(g) No lobbyist or lobbying firm shall do any of the following:
(1) Do anything with the purpose of placing an authority official
under personal obligation to the lobbyist, the lobbying firm, or the
employer of the lobbyist or lobbying firm.
(2) Deceive or attempt to deceive any authority official with
regard to any material fact pertinent to any authority action.
(3) Cause or influence any authority action for the purpose of
thereafter being employed to secure its passage or defeat.
(4) Attempt to create a fictitious appearance of public favor or
disfavor of any authority action, or cause any communications to be
sent to any authority official in the name of any fictitious person
or in the name of any real person, except with the consent of that
real person.
(5) Represent falsely, either directly or indirectly, that the
lobbyist or the lobbying firm can control any authority official.
(6) Accept or agree to accept any payment that is contingent upon
the outcome of any authority action.
(h) Any person who knowingly or willfully violates any provision
of this section is guilty of a misdemeanor.
(i) The District Attorney of the County of Los Angeles is
responsible for the prosecution of violations of this section.
(j) Any person who violates any provision of this section is
liable in a civil action brought by the civil prosecutor or by a
person residing within the jurisdiction of the authority for an
amount up to five hundred dollars ($500), or three times the amount
of an unlawful gift or expenditure, whichever amount is greater.
(k) The authority shall reject any bid or other proposal to enter
into a contract with the authority by any person or entity that has
not complied with the registration and reporting requirements of this
section.
(l) The provisions of this section are not applicable to any of
the following:
(1) An elected public official who is acting in his or her
official capacity to influence authority action.
(2) Any newspaper or other periodical of general circulation, book
publisher, radio or television station that, in the ordinary course
of business, publishes or broadcasts news items, editorials, or other
documents, or paid advertisement, that directly or indirectly urges
authority action, if the newspaper, periodical, book publisher, radio
or television station engages in no further or other activities in
connection with urging authority action other than to appear before
the authority in support of, or in opposition to, the authority
action.
(m) No former authority official shall become a lobbyist for a
period of one year after leaving the authority.
130051.19. (a) The Los Angeles County Metropolitan Transportation
Authority shall adopt an affirmative action plan for its management
positions which reflects the ethnic demographics of the county,
taking into consideration the availability of the work force in the
various ethnic groups.
(b) The authority shall, prior to the approval of any contract by
the authority or by its organization units, adopt and implement a
disadvantaged business enterprise program which establishes
participation goals of not less than 15 percent of the dollar value
of all contracts by minority business enterprises and not less than 5
percent by women business enterprises.
(c) The authority shall establish a Transportation Business
Advisory Council to advise it on matters regarding the disadvantaged
business enterprise program to enable the authority to meet or exceed
women and minority business enterprise participation goals. Members
of the council shall be selected by the authority, and shall include
representatives of professional organizations and other groups which
advocate on behalf of greater participation of women and minority
business enterprises in public contracts. The chairperson of the
authority or his or her designee shall meet with the council, and the
authority shall provide adequate staff support for the council, and
shall consider all recommendations made by the council.
130051.20. (a) (1) No construction company, engineering firm,
consultant, legal firm, or any company, vendor, or business entity
seeking a contract with the Los Angeles County Metropolitan
Transportation Authority shall give to a member, alternate member, or
employee of the authority, or to any member of their immediate
families, a contribution of over ten dollars ($10) in value or
amount. A "contribution" includes contributions to candidates or
their committees in any federal, state, or local election.
(2) Neither the owner, an employee, or any member of their
immediate families, of any construction company, engineering firm,
consultant, legal firm, or any company, vendor, or business entity
seeking a contract with the authority shall make a contribution of
over ten dollars ($10) in value or amount to a member, alternate
member, or employee of the authority, or to any member of their
immediate families.
(3) No member, alternate member, or employee of the authority, or
member of their immediate families, shall accept, solicit, or direct
a contribution of over ten dollars ($10) in value or amount from any
construction company, engineering firm, consultant, legal firm, or
any company, vendor, or business entity seeking a contract with the
authority.
(4) No member, alternate member, or employee of the authority
shall make or participate in, or use his or her official position to
influence, a contract decision if the member, alternate member, or
employee has knowingly accepted a contribution of over ten dollars
($10) in value in the past four years from a participant, or its
agent, involved in the contract decision.
(5) No member, alternate member, or employee of the authority, or
member of their immediate families shall accept, solicit, or direct a
contribution of over ten dollars ($10) in value or amount from a
construction company, engineering firm, consultant, legal firm, or
any company, vendor, or business entity that has contracted with the
authority in the preceding four years.
(b) A member, alternate member, or employee of the authority who
has participated as a decisionmaker in the preparation, evaluation,
award, or implementation of a contract and who leaves the authority
shall not, within three years of leaving the authority, accept
employment with any company, vendor, or business entity that was
awarded a contract as a result of his or her participation,
evaluation, award, or implementation of that contract.
130051.21. The Los Angeles County Transportation Commission and the
Southern California Rapid Transit District shall each cause a
supplemental independent fiscal audit to be conducted for the period
beginning July 1, 1992, and ending March 30, 1993, for the purpose of
determining the financial condition of each agency prior to the
abolishment of those agencies pursuant to Section 130051.13.
Thereafter, the Los Angeles County Metropolitan Transportation
Authority shall cause an independent fiscal audit of the authority to
be conducted annually and shall consider the results of the audit at
a duly noticed public hearing.
130051.21. (a) The Los Angeles County Metropolitan Transportation
Authority shall require its inspector general to prepare a
prequalification questionnaire to be completed by each construction
company, engineering firm, consultant, legal firm, product vendor,
and any other business entity seeking to contract with the authority
for the furnishing of goods or services. The questionnaire shall, at
a minimum, solicit information on all of the following subjects
regarding the firm:
(1) Experience.
(2) Quality and timeliness of past performance.
(3) Reliability and responsibility.
(4) Compliance with equal employment requirements.
(5) Compliance with wage, hours, and other fair labor standards.
(6) Subcontractors used by the firm.
(7) Integrity of the firm and its key personnel.
(8) Gifts given, or contributions made, to members or alternate
members or employees of the authority.
(b) Neither the authority nor any of its organizational units
shall contract or do business with any responding firm that knowingly
provides false information in the questionnaire.
130051.23. Whenever the Los Angeles County Metropolitan
Transportation Authority by resolution determines that any record,
map, book, or paper in the possession of the authority or any officer
or employee thereof is of no further value to the authority, the
board may authorize its sale, destruction, or other disposition.
Documents significant to the activities of the authority, including,
but not limited to, board and committee agendas, incoming and
outgoing correspondence, and contractual documents, shall be
microfilmed or otherwise preserved prior to the sale, destruction, or
other disposition of the original.
130051.24. (a) For the purposes of this section, the following
terms have the following meanings, unless the context requires
otherwise:
(1) The "authority" is the Los Angeles County Metropolitan
Transportation Authority.
(2) A "transportation zone" is a public agency or a public benefit
corporation of which public agencies are the sole members
established on or after January 1, 1999, that assumes any of the
operating responsibilities described in paragraph (2) of subdivision
(a) of Section 130051.11 on or after that date, regardless of whether
the transportation zone is an included municipal operator, as
defined in Section 99207, or an included transit district, as defined
in Section 99208.
(b) (1) Except as authorized under paragraph (2), a transportation
zone shall assume and be bound by the terms and conditions of
employment set forth in any collective bargaining agreements between
the authority and any labor organizations affected by the creation of
the transportation zone as well as the duties, obligations, and
liabilities arising from, or relating to, labor obligations imposed
by state or federal law upon the authority.
(2) Notwithstanding paragraph (1), if the authority is engaged in
collective bargaining with labor organizations representing employees
who are subject to transfer to the transportation zone between the
date of approval of the transportation zone and the date of the
transfer of service to the transportation zone, the authority may
consult with the transportation zone regarding matters within the
scope of labor representation.
(c) (1) For a period of four years, commencing with the date of
transfer of service by the authority to the transportation zone, or
at the expiration date of any collective bargaining agreement that is
in effect during that four-year period, whichever is later,
employees of the transportation zone, together with like employees of
the authority, shall constitute appropriate collective bargaining
units. However, the transportation zone may be a separate employer
for other purposes.
(2) Upon expiration of the period described in paragraph (1),
employees of the transportation zone, at the option of the
transportation zone, may constitute appropriate collective bargaining
units that are independent of the collective bargaining units of the
authority.
(3) If independent bargaining units are established as authorized
under paragraph (2), the transportation zone may enter into
agreements with labor organizations as a separate employer, regarding
wages, benefits, and other terms and conditions of employment.
(4) The transportation zone shall maintain single employer
collective bargaining units for transportation operations and
maintenance employees. Those bargaining units shall contain
classifications for employees that are identical to those that
existed for the joint collective bargaining units of the authority
and the transportation zone under paragraph (1), unless modified by
mutual agreement between the transportation zone and the affected
labor organizations.
(d) (1) The authority shall retain, for the period described in
paragraph (1) of subdivision (c), the power of final approval of
labor contracts negotiated by it and a transportation zone with those
labor organizations representing collective bargaining units
consisting of both employees of the authority and the employees of
the transportation zone. However, the authority may not grant any
final approval of a labor agreement unless it has first consulted
with the transportation zone.
(2) Upon expiration of the period described in paragraph (1) of
subdivision (c), the authority shall have no final approval power
over any labor contract negotiated between a transportation zone and
a labor organization representing the employees of the transportation
zone.
(e) (1) A transportation zone shall maintain, as a cosponsor with
the authority, any retirement system established and maintained under
subdivision (b) of Section 130110, until participation in the
retirement system or retirement benefits are modified under the
collective bargaining process.
(2) The transportation zone may appoint at least one member to the
retirement board of the retirement system. If the size of the board
is increased pursuant to this section, an equivalent number of
representatives of the labor organization representing the employees
shall be appointed to the board to ensure that the board maintains an
equal number of employer and labor organization members.
(3) Prior to the transfer of any service to a transportation zone,
the plan administrator for the retirement system shall permit the
transportation zone to perform an actuarial financial examination of
the assets and liabilities of the retirement system and the benefits
accrued under it.
(4) The liability of the transportation zone for obligations under
the retirement system shall be limited to benefits accruing to
employees of the transportation zone.
(f) (1) The transportation zone shall maintain the health care
provisions contained in any assumed collective bargaining agreement,
until those provisions are modified through the collective bargaining
process.
(2) The transportation zone may not be held liable for financial
obligations to any health care provider that arose prior to the
direct transfer of employees from the authority to the transportation
zone.
(g) Labor relations in a transportation zone shall be governed
under Article 10 (commencing with Section 30750) of Chapter 4 of Part
3 of Division 10, except that whenever a duty or power is imposed
upon or granted to the authority under those provisions, the duty or
power, for the purposes of this section, shall be deemed to be
imposed upon or granted to the transportation zone as well as the
authority.
(h) Nothing in this section prohibits a transportation zone from
contracting for managerial services that are not provided by any
classification of any bargaining unit.
(i) A transportation zone is not an organizational unit of the
authority.
130051.25. (a) For the purpose of this section, "recordable injury"
means any injury requiring treatment beyond simple first aid.
(b) A construction firm that contracts with the Los Angeles County
Metropolitan Transportation Authority shall report total recordable
injuries to the authority on a monthly basis.
(c) The authority shall annually determine if the number of
recordable injuries reported to the authority during the preceding
calendar year exceeded the national average of similar injuries as
reported by the Bureau of Labor Statistics for the most recent
published year. If the authority determines that the number of
recordable injuries reported to the authority during the preceding
calendar year exceeded the national average, the authority shall not
base any safety bonus program for contractors on injuries that result
in lost time, and shall base such a program on the overall rate of
recordable injuries.
130051.28. (a) The Los Angeles County Metropolitan Transportation
Authority shall appoint an inspector general to a term of office of
four years. The inspector general shall be removed from office only
if either or both of the following occur:
(1) A two-thirds majority of the members of the authority votes
for removal.
(2) The inspector general violates a federal or state law or
regulation, a local ordinance, or a policy or practice of the
authority, relative to ethical practices, including, but not limited
to, the acceptance of gifts or contributions.
(b) The inspector general shall, at a noticed public hearing of
the authority, report quarterly on the expenditures of the authority
for travel, meals and refreshments, private club dues, membership
fees and other charges, and any other expenditures which are
specified by the authority.
(c) Any investigatory file compiled by the inspector general is an
investigatory file compiled by a local law enforcement agency
subject to disclosure pursuant to subdivision (f) of Section 6254 of
the Government Code.
130052. The Orange County Transportation Commission shall be known
as the Orange County Transportation Authority and shall be governed
by a board of directors consisting of 18 members appointed as
follows:
(a) Five members of the Orange County Board of Supervisors
appointed by that board. Terms of office of the five members of the
board of supervisors shall be determined by the board of supervisors.
A board of supervisors member's term shall cease if he or she no
longer serves as a member of the board of supervisors.
(b) (1) (A) Five city members, with one from each of the five
supervisorial districts, elected by the Orange County City Selection
Committee members within each supervisorial district on a
population-weighted voting basis.
(B) Five city members, with one from each of the five
supervisorial districts, elected on a "one city, one vote" basis by
the Orange County City Selection Committee members within each
supervisorial district.
(2) A city that is within more than one supervisorial district
shall be considered part of the district where the highest percentage
of the city's population resides. Under this circumstance, the
entire city's population shall be used for population-weighted voting
purposes. Each city member shall be a mayor or a city council member
serving within the county. Terms of office of each city member shall
be determined by the Orange County City Selection Committee. A city
member's term shall cease if he or she no longer serves as a member
of a city council or as the mayor of a city.
(3) A city member serving on the authority on the effective date
of the act amending this section in the 2003-04 Regular Session shall
continue to serve until the earliest of either the expiration of his
or her term or until he or she no longer serves as a mayor or member
of a city council.
(c) Two public members appointed by a majority vote of the other
15 voting members of the authority. Each public member shall be a
resident of Orange County who is not then serving, and has not within
the last four years served, as an elected official of a city within
the county, as an elected official of any agency or special district
within Orange County, or as an elected official of the county. Each
public member shall serve for a term of four years.
(d) The Director of Transportation, District 12, who shall be
appointed by the Governor as a nonvoting member. The member shall
serve for a term of four years.
130052.1. The members of the Orange County Transportation
Authority, comprised as specified by Section 130052, shall serve as
the governing body of the Orange County Service Authority for Freeway
Emergencies.
130052.2. Until July 1, 1996, any included municipal operator
within the jurisdiction of the Orange County Transportation Authority
shall annually be allocated a level of funding pursuant to the
Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)
of Part 11 of Division 10) which is not less than the amount
allocated to that operator during the 1989-90 fiscal year adjusted by
an amount equal to the previous year's allocation multiplied by the
Los Angeles-Anaheim-Riverside Consumer Price Index, if the
apportionment under Section 99231 is not exceeded, and the operator
complies with the expenditure limit prescribed by Section 99268.
130052.3. (a) The Orange County Transportation Commission, the
Orange County Transit District, the Orange County Service Authority
for Freeway Emergencies, and the Orange County Consolidated
Transportation Services Agency shall jointly develop a comprehensive
plan for consolidation of the functions of these agencies. The plan
shall include, but not be limited to, all of the following:
(1) An institutional structure that provides for the consolidation
of all functions of the agencies within a unified management
structure responsible to a single policy board.
(2) A staffing plan that defines the personnel needs of the
consolidated agencies.
(3) A financial plan that includes an estimate of the revenues
available to the consolidated agencies, related restrictions or
requirements, and an estimate of the expenditures under the
consolidation plan.
(4) Recommendations for legislation necessary to implement the
plan.
(b) The plan shall be approved by the Orange County Transportation
Commission and the Board of Directors of the Orange County Transit
District and shall be transmitted to the Legislature, the Governor,
and the Controller on or before December 1, 1991.
(c) If the plan is not submitted by December 1, 1991, the
Controller shall, during the 1992-93 fiscal year, withhold payments
pursuant to Sections 2104, 2105, 2106, and 2107 of the Streets and
Highways Code to every city in Orange County, and the County of
Orange.
(d) Nothing in this section prohibits the Orange County
Transportation Commission, the Orange County Transit District, the
Orange County Service Authority for Freeway Emergencies, or the
Orange County Consolidated Transportation Services Agency, pursuant
to any authority which each respective agency possessed on January 1,
1991, from implementing all or part of the plan prior to its receipt
by the Legislature.
130053. The Riverside County Transportation Commission shall
consist of the following regular members:
(a) Five members of the Riverside County Board of Supervisors.
(b) One member from each incorporated city in Riverside County,
each of whom shall be a mayor or city council member.
(c) One nonvoting member appointed by the Governor.
130053.5. (a) The Riverside County Board of Supervisors shall
establish a procedure by which a member of that board may appoint an
alternate member of the board of supervisors to represent the member
for one meeting of the Riverside County Transportation Commission.
Notice of the alternate appointment shall be made in writing to the
clerk of the commission 24 hours prior to the meeting.
(b) Each incorporated city in Riverside County shall appoint one
alternate member to the commission who shall represent the regular
member of the commission who serves on behalf of the city, if the
regular member is not in attendance at a meeting. Notice of the
alternate appointment shall be made in writing to the clerk of the
commission 24 hours prior to the meeting. If an incorporated city
appoints an alternate member, the alternate member shall be either
the mayor or a city council member of that incorporated city.
130053.7. (a) Except as specified in subdivision (b), each regular
member of the Riverside County Transportation Commission, or an
alternate member acting in the place of a regular member pursuant to
Section 130053.5, shall have one vote at meetings of the commission.
(b) Notwithstanding subdivision (a), any member of the commission,
immediately after a vote of the commission in accordance with
subdivision (a), may call for a weighted vote. For an item to be
passed by weighted vote, all of the following requirements shall be
met:
(1) The item shall be approved by a majority of the commission
members present at the meeting who represent the board of
supervisors, who each shall have one vote.
(2) The item shall be approved by a majority of the commission
members present at the meeting who represent cities in Riverside
County, who each shall have one vote.
(3) The item shall be approved by commission members present at
the meeting who represent cities in Riverside County representing a
majority of the population of the county living in incorporated
areas. For the purpose of this paragraph, each regular commission
member at the meeting who represents a city in Riverside County shall
be assigned votes based on the percentage of the population of
incorporated areas of Riverside County represented by that member in
relation to the total population of incorporated areas of Riverside
County represented at the meeting. Population data shall be
determined through Department of Finance estimates, adjusted
annually.
(c) Notwithstanding Section 130102, a quorum of the Riverside
County Transportation Commission shall be a majority of the total
voting membership of the commission.
130054. The San Bernardino County Transportation Commission shall
be the San Bernardino Associated Governments, consisting of the
following members:
(a) Five members of the San Bernardino County Board of
Supervisors.
(b) The Mayor of the City of San Bernardino.
(c) One member from each of the other incorporated cities of San
Bernardino County, who shall be a mayor or a city councilman.
(d) One nonvoting member appointed by the Governor.
130054.1. The Ventura County Transportation Commission shall
consist of the following members:
(a) Five members of the Ventura County Board of Supervisors.
(b) One member from each incorporated city within Ventura County
who shall be the mayor of the city or a member of its city council.
The term of a member under this subdivision terminates when he or she
ceases to hold that office or when replaced by the city council.
(c) One citizen member appointed by the Ventura County Board of
Supervisors, who shall not be an elected official, but who shall be a
resident of Ventura County.
(d) One citizen member appointed by the Ventura County City
Selection Committee, who shall not be an elected official, but who
shall be a resident of Ventura County.
(e) One nonvoting member appointed by the Governor.
130054.8. The Governor shall appoint a nonvoting member to each of
the commissions to represent the interest of state.
The appointees shall serve terms of four years and until their
successors are appointed and qualified.
No individual shall serve as a nonvoting member more than two
terms on a commission.
130055. The commissions shall merge with, or otherwise join, any
statutorily created multifunctional regional government organization,
if it has transportation planning and programming responsibilities
as specified in Article 5 (commencing with Section 130300) of Chapter
4, within one year of creation of such an organization.
130056. The commissions shall rely to the maximum extent possible
on existing state, regional, and local transportation planning and
programming data and expertise, rather than on a large duplicative
commission staff and set of plans.
The Legislature envisions the development of a small, but very
capable, core staff able to provide the commissions with an objective
analysis of the various options relative to plans and proposed
projects of the regional and local transportation agencies and
operators, and then translate those options into a short-range
transportation improvement program to be developed and approved
pursuant to subdivision (b) of Section 130303 in accordance with
decisions made by the commissions.
130057. It is the intent of the Legislature that, after the
development and approval of the short-range transportation
improvement program pursuant to subdivision (b) of Section 130303,
the transportation agencies responsible for the implementation of the
program shall be granted discretion on how to best implement the
program. Any changes made in the program by such an agency in its
implementation shall be consistent with the purposes of the program,
and the commission shall be immediately notified of such changes.
130058. It is the intent of the Legislature that, working through
the multicounty designated transportation planning agency, the four
commissions be encouraged to develop joint powers agreements or other
contractual arrangements between themselves in the development of
transportation facilities or for the provision of transportation
services where the commissions feel such arrangements are in the
public interest.
130059. The multicounty designated transportation planning agency
shall convene at least two meetings annually of representatives from
each of the four commissions, the agency, and the Department of
Transportation for the following purposes:
(a) To review and discuss the near-term transportation improvement
programs prior to adoption by the commissions.
(b) To review and discuss the regional transportation plan prior
to adoption by the agency pursuant to Chapter 2.5 (commencing with
Section 65080) of Title 7 of the Government Code.
(c) To consider progress in the development of a regionwide and
unified public transit system.
(d) To review and discuss any other matter of mutual concern.
130050. There is hereby created a commission in Los Angeles County,
in Orange County, in Riverside County, and in San Bernardino County.
130050.1. There is hereby created the Ventura County Transportation
Commission. The commission shall be the successor agency to the
Ventura County Association of Governments and shall assume all assets
and liabilities of that association.
Notwithstanding Section 180050, the Board of Supervisors of
Ventura County may designate the commission as the authority to carry
out the provisions of Division 19 (commencing with Section 180000).
130050.2. There is hereby created the Los Angeles County
Metropolitan Transportation Authority. The authority shall be the
single successor agency to the Southern California Rapid Transit
District and the Los Angeles County Transportation Commission as
provided by the act that enacted this section.
130051. The Los Angeles County Metropolitan Transportation
Authority consists of 14 members, as follows:
(a) Five members of the Los Angeles County Board of Supervisors.
If the number of members of the Los Angeles County Board of
Supervisors is increased, the authority shall, within 60 days of the
increase, submit a plan to the Legislature for revising the
composition of the authority.
(b) The Mayor of the City of Los Angeles.
(c) Two public members and one member of the City Council of the
City of Los Angeles appointed by the Mayor of the City of Los
Angeles.
(d) Four members, each of whom shall be a mayor or a member of a
city council, appointed by the Los Angeles County City Selection
Committee. For purposes of the selection of these four members, the
County of Los Angeles, excluding the City of Los Angeles, shall be
divided into the following four sectors:
(1) The North County/San Fernando Valley sector.
(2) The Southwest Corridor sector.
(3) The San Gabriel Valley sector.
(4) The Southeast Long Beach sector.
The League of California Cities, Los Angeles County Division,
shall define the sectors. Every city within a sector shall be
entitled to vote to nominate one or more candidates from that sector
for consideration for appointment by the Los Angeles County City
Selection Committee. A city's vote shall be weighted in the same
proportion that its population bears to the total population of all
cities within the sector.
The members appointed pursuant to this subdivision shall be
appointed by the Los Angeles County City Selection Committee upon an
affirmative vote of its members which represent a majority of the
population of all cities within the county, excluding the City of Los
Angeles.
The members selected by the city selection committee shall serve
four-year terms with no limitation on the number of terms that may be
served by any individual. The city selection committee may shorten
the initial four-year term for one or more of the members for the
purpose of ensuring that the members will serve staggered terms.
(e) If the population of the City of Los Angeles, at any time,
becomes less than 35 percent of the combined population of all cities
in the county, the position of one of the two public members
appointed pursuant to subdivision (c), as determined by the Mayor of
the City of Los Angeles by lot, shall be vacated, and the vacant
position shall be filled by appointment by the city selection
committee pursuant to subdivision (d) from a city not represented by
any other member appointed pursuant to subdivision (d).
(f) One nonvoting member appointed by the Governor.
130051.1. Notwithstanding subdivision (c) of Section 130051, if a
member appointed by the Mayor of the City of Los Angeles is not a
member of the city council of that city, the person appointed may
serve for 60 days without consent of the city council.
130051.5. Every member of the Los Angeles County Metropolitan
Transportation Authority is subject to Section 87100 of the
Government Code.
130051.6. (a) Except as provided in subdivision (b), each member of
the Los Angeles County Metropolitan Transportation Authority shall
serve a term of four years or until his or her successor is appointed
and qualified. A member may be removed at the pleasure of the
appointing authority. A member may be reappointed for additional
terms without limitation on the number of reappointments. Other than
the member initially appointed by the Governor, and members appointed
to staggered terms pursuant to subdivision (e) of Section 130051,
the members initially appointed shall serve until January 1, 1997.
(b) The membership of any member serving on the authority as a
result of holding another public office shall terminate when the
member ceases holding the other public office.
130051.7. (a) The Los Angeles County Transportation Commission and
the Southern California Rapid Transit District shall conduct joint
regular meetings at least once during each quarter of the calendar
year.
(b) Notwithstanding subdivisions (a) and (b) of Section 130051,
the members of the Los Angeles County Board of Supervisors and the
Mayor of the City of Los Angeles, rather than their alternates, shall
personally serve at the joint meetings.
(c) Notwithstanding Section 30201, the members of the Los Angeles
County Board of Supervisors, rather than their appointees, shall
personally serve at the joint meetings.
(d) Notwithstanding Section 30201, the Mayor of the City of Los
Angeles, rather than the mayor's appointee, shall personally serve at
the joint meetings as one of the two directors representing the City
of Los Angeles.
(e) It is the intent of the Legislature that reasonable efforts be
made to discuss major fiscal and policy items related to the Los
Angeles County Transportation Commission and the Southern California
Rapid Transit District at the meetings required by subdivision (a).
This statement of legislative intent shall not be construed as
requiring any action which would interfere with, delay, or otherwise
impede the orderly and proper functioning of the Los Angeles County
Transportation Commission or the Southern California Rapid Transit
District.
130051.9. (a) The Los Angeles County Metropolitan Transportation
Authority shall appoint a full-time chief executive officer who shall
act for the authority under its direction and perform those duties
delegated by the authority.
(b) The chief executive officer shall be appointed to a term of
four years and shall be removed from office only upon the occurrence
of one or both of the following:
(1) A two-thirds majority of the members of the authority votes
for removal.
(2) The chief executive officer violates a federal or state law,
regulation, local ordinance, or policy or practice of the authority,
relative to ethical practices, including, but not limited to, the
acceptance of gifts or contributions.
(c) The chief executive officer shall approve and award all
contracts for construction, and that approval shall be based upon the
lowest responsible and responsive bid submitted.
(d) The Los Angeles County Metropolitan Transportation Authority
shall appoint a general counsel and board secretary.
130051.10. (a) The members of the Los Angeles County Metropolitan
Transportation Authority shall be appointed no later than February 1,
1993. The authority shall have no powers, duties, or
responsibilities until February 1, 1993.
(b) From February 1, 1993, until April 1, 1993, the Los Angeles
Metropolitan Transportation Authority, exclusively, may exercise any
of the powers of the board of directors of the Southern California
Rapid Transit District and the governing body of the Los Angeles
County Transportation Commission, except those powers that the
authority has expressly delegated to the district or to the
commission.
130051.11. (a) The Los Angeles County Metropolitan Transportation
Authority may determine its organizational structure, which may
include, but is not limited to, the establishment of departments,
divisions, subsidiary units, or similar entities. Any department,
division, subsidiary unit, or similar entity established by the
authority shall be referred to in this chapter as an "organizational
unit." The authority shall, at a minimum, establish the following
organizational units:
(1) A transit construction organizational unit to assume the
construction responsibilities for all exclusive public mass transit
guideway construction projects in Los Angeles County.
(2) An operating organizational unit with the following
responsibilities:
(A) The operating responsibilities of the former Southern
California Rapid Transit District on all exclusive public mass
transit guideway projects in the County of Los Angeles.
(B) The operation of bus routes operated by the former Southern
California Rapid Transit District, and all the duties, obligations,
and liabilities of the district relating to those bus routes.
(3) A transportation planning and programming organizational unit
with all planning responsibilities previously performed by the former
Southern California Rapid Transit District and the former Los
Angeles County Transportation Commission.
(b) Nothing in this section shall be construed to require specific
bus routes to be operated. The authority or the operating
organizational unit may make any adjustment with respect to bus
routes, bus services, or both, which is within the power of the
former Los Angeles County Transportation Commission, or the former
Southern California Rapid Transit District.
(c) Any obligations of the former Southern California Rapid
Transit District arising out of a collective bargaining agreement
entered into by the district shall be the exclusive obligations of
the Los Angeles County Metropolitan Transportation Authority. It is
the intent of the Legislature that the rights or obligations under
any collective bargaining agreement in existence on January 1, 1993,
not be enlarged or diminished by this section or any other provision
of the act which added this section.
(d) No collective bargaining agreement entered into by the former
Southern California Rapid Transit District on or after January 1,
1993, shall be effective unless approved by the Los Angeles County
Metropolitan Transportation Authority. The authority's approval of an
agreement shall cause the agreement to be binding upon the
authority.
(e) On and after April 1, 1993, any reference to the former
Southern California Rapid Transit District in Article 10 (commencing
with Section 30750) of Chapter 5 of Part 3 of Division 10 is deemed
to refer to the Los Angeles County Metropolitan Transportation
Authority.
(f) The Los Angeles County Metropolitan Transportation Authority
may administratively delegate to an organizational unit or to its
chief executive officer any powers and duties it deems appropriate.
Powers and duties which may be delegated to an organizational unit
include, but are not limited to, the following:
(1) The power of eminent domain.
(2) Approval of contracts, except the final approval of labor
contracts.
(3) Hearing and resolving bid protests.
(4) Preparation of supporting documents and findings, and approval
of contracts, under Sections 130233, 130234, 130236, and 130237
within guidelines adopted by the board of directors.
(g) The Los Angeles County Metropolitan Transportation Authority
shall establish a citizens' advisory council pursuant to subdivision
(d) of Section 130105.
130051.12. (a) The Los Angeles County Metropolitan Transportation
Authority shall, at a minimum, reserve to itself exclusively, all of
the following powers and responsibilities:
(1) Establishment of overall goals and objectives to achieve
optimal transport service for the movement of goods and people on a
countywide basis.
(2) Adoption of the aggregate budget for all organizational units
of the authority.
(3) Designation of additional included municipal operators
pursuant to subdivision (f) of Section 99285.
(4) Approval of final rail corridor selections.
(5) Final approval of labor contracts covering employees of the
authority and organizational units of the authority.
(6) Establishment of the authority's organizational structure.
(7) Conducting hearings and the setting of fares for the operating
organizational unit established pursuant to paragraph (2) of
subdivision (a) of Section 130051.11.
(8) (A) Approval of transportation zones.
(B) In determining the cost-effectiveness of any proposed
transportation zone, the authority may not approve or disapprove a
transportation zone based upon consideration of rates of wages and
other forms of compensation or hours and working conditions of
employees of the proposed transportation zone.
(C) Any determination of efficiencies that may be derived from the
approval of a transportation zone shall include consideration of
maintaining the prevailing rate of wages, hours, and other terms and
conditions of employment contained in current collective bargaining
agreements applicable to the authority as required under subdivision
(d) of Section 130051.11.
(D) A proposed transportation zone is not required to demonstrate
lower operating costs than those of the existing operator or
operators of the service to be transferred to the zone, but shall
demonstrate that the net cost will not be greater than the current
service.
(9) Approval of the issuance of any debt instrument with a
maturity date that exceeds the end of the fiscal year in which it is
issued.
(10) Approval of benefit assessment districts and assessment
rates.
(11) Approval of contracts for transit equipment acquisition that
exceed five million dollars ($5,000,000), and making the findings
required by subdivision (c) of Section 130238.
(b) The Los Angeles County Metropolitan Transportation Authority
shall in conjunction with the other municipal operators in the County
of Los Angeles perform a security assessment once every five years
to determine the safety and security measures required to protect the
operation of their systems and their passengers.
130051.13. On April 1, 1993, the Southern California Rapid Transit
District and the Los Angeles County Transportation Commission are
abolished. Upon the abolishment of the district and the commission,
the Los Angeles County Metropolitan Transportation Authority shall
succeed to any or all of the powers, duties, rights, obligations,
liabilities, indebtedness, bonded and otherwise, immunities, and
exemptions of the district and its board of directors and the
commission and its governing body.
130051.14. On and after April 1, 1993, any reference in this part,
or in any other provision of law or regulation, to the Southern
California Rapid Transit District or to the Los Angeles County
Transportation Commission or to the county transportation commission
in general shall be deemed to refer to the Los Angeles County
Metropolitan Transportation Authority.
130051.15. (a) Upon the abolishment of the Southern California
Rapid Transit District and the Los Angeles County Transportation
Commission, the Los Angeles County Metropolitan Transportation
Authority shall assume the rights and obligations of the district and
the commission under any contract to which the district or the
commission is a party and which is to be performed, in whole or in
part, on or after January 1, 1993. All real and personal property
owned by the district or the commission shall be transferred to the
authority by operation of law.
(b) The Los Angeles County Metropolitan Transportation Authority
shall assume, without any condition whatsoever, all responsibilities
and obligations previously assumed by the Southern California Rapid
Transit District or the Los Angeles County Transportation Commission
with regard to the full funding agreement, including all agreements
pursuant to Section 13(c) of the Urban Mass Transportation Act of
1964 which relate to the full funding agreement, with the Federal
Transit Administration for the funding of the Los Angeles County
Metro Rail Project. It is the intent of the Legislature that nothing
in this act shall enlarge or diminish the projects covered or any
rights or obligations under any existing agreements pursuant to
Section 13(c).
(c) The Los Angeles County Metropolitan Transportation Authority
shall not, until April 1, 1993, renew or extend any personal services
contract entered into between either the Los Angeles County
Transportation Commission or the Southern California Rapid Transit
District and an employee or former employee of either agency prior to
January 1, 1993.
130051.16. Notwithstanding any other provision of law, the Los
Angeles County Metropolitan Transportation Authority shall assume the
duties, obligations, and liabilities of the Southern California
Rapid Transit District, including those duties, obligations, and
liabilities arising from or relating to collective bargaining
agreements or labor obligations imposed by state or federal law, only
to the extent that the authority is acting pursuant to specific
duties, obligations, liabilities, rights, or powers to which it
succeeded as a result of the abolishment of the district pursuant to
Section 130051.13.
130051.17. (a) Prior to the approval of any contract by the Los
Angeles County Metropolitan Transportation Authority, or by any
organizational unit of the authority, the authority shall adopt an
ordinance comparable to Chapter 9.5 (commencing with Section 89500)
of Title 9 of the Government Code, which regulates the acceptance of
gifts by members of the authority, members of the board of an
organizational unit, and designated employees, as defined by Section
82019 of the Government Code, of the authority. The ordinance shall
prohibit any designated employee of the authority from accepting
gifts with a total value of more than two hundred fifty dollars
($250) in a calendar year from any single source.
(b) The ordinance shall require the limitations on receiving gifts
by members of the authority, and members of the board of an
organizational unit who are not elected local officials to be
substantially comparable to those specified by Chapter 9.5
(commencing with Section 89500) of Title 9 of the Government Code.
(c) For the purposes of this section, "gift" has the same meaning
as defined in Section 82028 of the Government Code.
(d) (1) Payments, advances, or reimbursements, for travel,
including actual transportation and related lodging and subsistence
which is reasonably related to a governmental purpose, or to an issue
of local, state, national or international public policy, is not
prohibited or limited by this section if either of the following
apply:
(A) The travel is in connection with a speech given by a member,
member of the board of an organizational unit, or designated
employee, the lodging and subsistence expenses are limited to the day
immediately preceding, the day of, and the day immediately following
the speech, and the travel is within the United States.
(B) The travel is provided by a government, a governmental agency,
a foreign government, a governmental authority, a bona fide public
or private educational institution, as defined in Section 203 of the
Revenue and Taxation Code, or a nonprofit charitable or religious
organization which is exempt from taxation under Section 501(c)(3) of
the Internal Revenue Code, or by a person domiciled outside the
United States which substantially satisfies the requirements for tax
exempt status under Section 501(c)(3) of the Internal Revenue Code.
(2) Gifts of travel not described in paragraph (1) are subject to
the limits in this section.
(3) Paragraph (1) applies only to travel which is reported on the
recipient's statement of economic interest.
(4) For purposes of this section, a gift does not include travel
which is provided by the Los Angeles County Metropolitan
Transportation Authority.
(5) (A) The policy shall specify appropriate penalties for
violations by employees including, but not limited to, personnel
action.
(B) The policy shall specify appropriate penalties for violations
by members of the authority, and the members of the board of an
organizational unit who are not subject to Chapter 9.5 (commencing
with Section 89500) of Title 9 of the Government Code, which shall
include, but not be limited to, removal from office by the appointing
authority.
130051.18. Prior to the approval of any contract by the Los Angeles
County Metropolitan Transportation Authority, or by any
organizational unit of the authority, the authority shall adopt and
implement an ordinance for the regulation of lobbying that shall
include, at a minimum, the provisions of this section.
(a) For purposes of this section, the following terms are defined
as follows:
(1) "Activity expense" means any expense incurred, or payment
made, by a lobbyist, lobbying firm, or lobbyist employer, or arranged
by a lobbyist, lobbying firm, or lobbyist employer, that benefits in
whole or in part any authority official or a member of the immediate
family of an authority official.
(2) "Administrative testimony" means influencing or attempting to
influence authority action undertaken by any person or entity who
does not seek to enter into a contract or other arrangement with the
authority by acting as counsel in, appearing as a witness in, or
providing written submissions, including answers to inquiries, which
become a part of the record of, any proceeding of the authority that
is conducted as an open public hearing for which public notice is
given.
(3) "Authority" means the Los Angeles County Metropolitan
Transportation Authority and all of its organizational units as
defined by Section 130051.11.
(4) "Authority action" means the drafting, introduction,
consideration, modification, enactment, or defeat of an ordinance,
resolution, contract, or report by the governing board of an
organizational unit of the authority, or by an authority official,
including any action taken, or required to be taken, by a vote of the
members of the authority or by the members of the governing board of
an organizational unit of the authority, except those actions
relating to Article 10 (commencing with Section 30750) of Chapter 5
of Part 3 of Division 10.
(5) "Authority official" means any member of the authority, member
of an organizational unit of the authority, or employee of the
authority.
(6) "Contribution" means a payment, a forgiveness of a loan, a
payment of a loan by a third party, or an enforceable promise to make
a payment, except to the extent that full and adequate consideration
is received, unless it is clear from the surrounding circumstances
that it is not made for political purposes.
An expenditure made at the behest of a candidate, committee, or
elected officer is a contribution to the candidate, committee, or
elected officer unless full and adequate consideration is received
for making the expenditure.
"Contribution" also includes the purchase of tickets for events
such as dinners, luncheons, rallies, and similar fundraising events;
the candidate's own money or property used on behalf of his or her
candidacy; the granting of discounts or rebates not extended to the
public generally or the granting of discounts or rebates by
television and radio stations and newspapers not extended on an equal
basis to all candidates for the same office; the payment of
compensation by any person for the personal services or expenses of
any other person if those services are rendered or expenses are
incurred on behalf of a candidate or committee without payment of
full and adequate consideration.
"Contribution" also includes any transfer of anything of value
received by a committee from another committee, unless full and
adequate consideration is received.
"Contribution" does not include amounts received pursuant to an
enforceable promise to the extent that those amounts have been
previously reported as a contribution. However, the fact that those
amounts have been received shall be indicated in the appropriate
campaign statement.
"Contribution" does not include a payment made by an occupant of a
home or office for costs related to any meeting or fundraising event
held in the occupant's home or office if the costs for the meeting
or fundraising event are five hundred dollars ($500) or less.
"Contribution" does not include volunteer personal services or
payments made by any individual for his or her own travel expenses if
those payments are made voluntarily without any understanding or
agreement that they shall be, directly or indirectly, repaid to him
or her.
(7) "Employee of the authority" means anyone who receives
compensation from the authority for full-time or part-time
employment, and any contractor, subcontractor, consultant, expert, or
adviser acting on behalf of, or providing advice to, the authority.
(8) "Filing officer" means the individual designated by the
authority with whom statements and reports required by this section
shall be filed.
(9) "Lobbying" means influencing or attempting to influence
authority action through direct or indirect communication, other than
administrative testimony, with an authority official.
(10) "Lobbying firm" means any business entity, including an
individual lobbyist, that meets either of the following criteria:
(A) The business entity receives or becomes entitled to receive
any compensation, other than reimbursement for reasonable travel
expenses, for the purpose of influencing authority action on behalf
of any other person, if any partner, owner, officer, or employee of
the business entity is a lobbyist.
(B) The business entity receives or becomes entitled to receive
any compensation, other than reimbursement for reasonable travel
expenses, to communicate directly with any agency official for the
purpose of influencing authority action on behalf of any other
person, if a substantial or regular portion of the activities for
which the business entity receives compensation is for the purpose of
influencing authority action.
(11) "Lobbyist" means any individual who receives any economic
consideration, other than reimbursement for reasonable travel
expenses, for lobbying, including consultants and officers or
employees of any business entity seeking to enter into a contract
with the authority.
(12) "Lobbyist employer" means any person, other than a lobbying
firm, who does either of the following:
(A) Employs one or more lobbyists for the purpose of influencing
authority action.
(B) Contracts for the services of a lobbying firm for economic
consideration for the purpose of influencing authority action.
(b) (1) Lobbyists, lobbying firms, and lobbyist employers shall
register with the filing officer within 10 days after qualifying as a
lobbyist, lobbying firm, or lobbyist employer. Registration shall be
completed prior to the commencement of lobbying by the lobbyist.
Registration shall include the filing of a registration statement,
and the payment of any fees authorized by this section. Registration
shall be renewed annually by the filing of a new registration
statement and the payment of a fee.
(2) Each lobbyist, lobbying firm, and lobbyist employer required
to register under this section may be charged a fee by the authority
in an amount necessary to pay the direct costs of implementing this
section.
(3) The lobbyist registration statement shall include all of the
following:
(A) The name, address, and telephone number of the lobbyist.
(B) For each person from whom the lobbyist receives compensation
to provide lobbying services, all of the following:
(i) The full name, business address, and telephone number of the
person.
(ii) A written authorization signed by the person.
(iii) The time period of the contract or employment agreement.
(iv) The lobbying interests of the person.
(C) A statement signed by the lobbyist certifying that he or she
has read and understands the prohibitions contained in subdivisions
(f) and (g).
(4) The registration statement of a lobbying firm shall include
all of the following:
(A) The full name, business address, and telephone number of the
lobbying firm.
(B) A list of the lobbyists who are partners, owners, officers, or
employees of the lobbying firm.
(C) For each person with whom the lobbying firm contracts to
provide lobbying services, all of the following:
(i) The full name, business address, and telephone number of the
person.
(ii) A written authorization signed by the person.
(iii) The time period of the contract.
(iv) Information sufficient to identify the lobbying interests of
the person.
(D) A statement signed by the designated responsible person that
he or she has read and understands the prohibitions contained in
subdivisions (f) and (g).
(5) The registration statement of a lobbyist employer shall
include all of the following:
(A) The full name, business address, and telephone number of the
lobbyist employer.
(B) A list of the lobbyists who are employed by the lobbyist
employer.
(C) The lobbying interests of the lobbyist employer, including
identification of specific contracts or authority actions.
(D) A statement signed by the designated responsible person that
he or she has read and understands the prohibitions contained in
subdivisions (f) and (g).
(6) (A) The registration statement may be amended within 10 days
of a change in the information included in the statement. However, if
the change includes the name of a person by whom a lobbyist is
retained, the registration statement shall be amended to show that
change prior to the commencement of lobbying by the lobbying firm or
the lobbyist.
(B) Lobbying firms and lobbyist employers upon ceasing all
lobbying activity that required registration shall file a notice of
termination within 30 days after the cessation.
(C) Lobbyists and lobbyist firms are subject to subdivisions (f)
and (g) for 12 months after filing a notice of termination.
(c) Lobbyists, lobbying firms, and lobbyist employers that receive
payments, make payments, or incur expenses, or expect to receive
payments, make payments, or incur expenses, in connection with
activities that are reportable pursuant to this section shall keep
detailed accounts, records, bills, and receipts for four years, and
shall make them reasonably available for inspection for the purposes
of auditing for compliance with, or enforcement of, this section.
(d) When a person is required to report activity expenses pursuant
to this section, all of the following information shall be provided:
(1) The date and amount of each activity expense.
(2) The full name and official position, if any, of the
beneficiary of each expense, a description of the benefit, and the
amount of the benefit.
(3) The full name of the payee of each expense if other than the
beneficiary.
(e) (1) A lobbying firm shall file a periodic report containing
all of the following:
(A) The full name, address, and telephone number of the lobbying
firm.
(B) The full name, business address, and telephone number of each
person who contracted with the lobbying firm for lobbying services, a
description of the specific lobbying interests of the person, and
the total payments, including fees and the reimbursement of expenses,
received from the person for lobbying services during the reporting
period.
(C) A copy of the periodic report completed and verified by each
lobbyist in the lobbying firm pursuant to paragraph (2).
(D) Each activity expense incurred by the lobbying firm, including
those reimbursed by a person who contracts with the lobbying firm
for lobbying services.
(E) The date, amount, and the name of the recipient of any
contribution of one hundred dollars ($100) or more made by the filer
to an authority official.
(2) A lobbyist shall complete and verify a periodic report, and
file his or her report with the filing officer, and a copy of the
report with his or her lobbying firm or lobbyist employer. The
periodic report shall contain all of the following:
(A) A report of all activity expenses by the lobbyist during the
reporting period.
(B) A report of all contributions of one hundred dollars ($100) or
more made or delivered by the lobbyist to any authority official
during the reporting period.
(3) A lobbyist employer shall file a periodic report containing
all of the following:
(A) The name, business address, and telephone number of the
lobbyist employer.
(B) The total amount of payments to each lobbying firm.
(C) The total amount of all payments to lobbyists employed by the
filer.
(D) A description of the specific lobbying interests of the filer.
(E) A periodic report, completed and verified by each lobbyist
employed by a lobbyist employer pursuant to paragraph (1) of
subdivision (e).
(F) Each activity expense of the filer and a total of all activity
expenses of the filer.
(G) The date, amount, and the name of the recipient of any
contribution of one hundred dollars ($100) or more made by the filer
to an authority official.
(H) The total of all other payments to influence authority action.
(4) (A) The periodic reports shall be filed within 30 days after
the end of each calendar quarter. The period covered shall be from
the beginning of the calendar year through the last day of the
calendar quarter prior to the 30-day period during which the report
is filed, except that the period covered by the first report a person
is required to file shall begin with the first day of the calendar
quarter in which the filer first registered or qualified.
(B) The original and one copy of each report shall be filed with
the filing officer, retained by the authority for a minimum of four
years, and available for inspection by the public during regular
working hours.
(f) (1) It is unlawful for a lobbyist, a lobbying firm, or a
lobbyist employer to make gifts to an authority official aggregating
more than ten dollars ($10) in a calendar month, to act as an agent
or intermediary in the making of any gift, or to arrange for the
making of any gift by any other person.
(2) It is unlawful for any authority official knowingly to receive
any gift that is made unlawful by this section. For the purposes of
this subdivision, "gift" has the same meaning as defined in Section
130051.17.
(g) No lobbyist or lobbying firm shall do any of the following:
(1) Do anything with the purpose of placing an authority official
under personal obligation to the lobbyist, the lobbying firm, or the
employer of the lobbyist or lobbying firm.
(2) Deceive or attempt to deceive any authority official with
regard to any material fact pertinent to any authority action.
(3) Cause or influence any authority action for the purpose of
thereafter being employed to secure its passage or defeat.
(4) Attempt to create a fictitious appearance of public favor or
disfavor of any authority action, or cause any communications to be
sent to any authority official in the name of any fictitious person
or in the name of any real person, except with the consent of that
real person.
(5) Represent falsely, either directly or indirectly, that the
lobbyist or the lobbying firm can control any authority official.
(6) Accept or agree to accept any payment that is contingent upon
the outcome of any authority action.
(h) Any person who knowingly or willfully violates any provision
of this section is guilty of a misdemeanor.
(i) The District Attorney of the County of Los Angeles is
responsible for the prosecution of violations of this section.
(j) Any person who violates any provision of this section is
liable in a civil action brought by the civil prosecutor or by a
person residing within the jurisdiction of the authority for an
amount up to five hundred dollars ($500), or three times the amount
of an unlawful gift or expenditure, whichever amount is greater.
(k) The authority shall reject any bid or other proposal to enter
into a contract with the authority by any person or entity that has
not complied with the registration and reporting requirements of this
section.
(l) The provisions of this section are not applicable to any of
the following:
(1) An elected public official who is acting in his or her
official capacity to influence authority action.
(2) Any newspaper or other periodical of general circulation, book
publisher, radio or television station that, in the ordinary course
of business, publishes or broadcasts news items, editorials, or other
documents, or paid advertisement, that directly or indirectly urges
authority action, if the newspaper, periodical, book publisher, radio
or television station engages in no further or other activities in
connection with urging authority action other than to appear before
the authority in support of, or in opposition to, the authority
action.
(m) No former authority official shall become a lobbyist for a
period of one year after leaving the authority.
130051.19. (a) The Los Angeles County Metropolitan Transportation
Authority shall adopt an affirmative action plan for its management
positions which reflects the ethnic demographics of the county,
taking into consideration the availability of the work force in the
various ethnic groups.
(b) The authority shall, prior to the approval of any contract by
the authority or by its organization units, adopt and implement a
disadvantaged business enterprise program which establishes
participation goals of not less than 15 percent of the dollar value
of all contracts by minority business enterprises and not less than 5
percent by women business enterprises.
(c) The authority shall establish a Transportation Business
Advisory Council to advise it on matters regarding the disadvantaged
business enterprise program to enable the authority to meet or exceed
women and minority business enterprise participation goals. Members
of the council shall be selected by the authority, and shall include
representatives of professional organizations and other groups which
advocate on behalf of greater participation of women and minority
business enterprises in public contracts. The chairperson of the
authority or his or her designee shall meet with the council, and the
authority shall provide adequate staff support for the council, and
shall consider all recommendations made by the council.
130051.20. (a) (1) No construction company, engineering firm,
consultant, legal firm, or any company, vendor, or business entity
seeking a contract with the Los Angeles County Metropolitan
Transportation Authority shall give to a member, alternate member, or
employee of the authority, or to any member of their immediate
families, a contribution of over ten dollars ($10) in value or
amount. A "contribution" includes contributions to candidates or
their committees in any federal, state, or local election.
(2) Neither the owner, an employee, or any member of their
immediate families, of any construction company, engineering firm,
consultant, legal firm, or any company, vendor, or business entity
seeking a contract with the authority shall make a contribution of
over ten dollars ($10) in value or amount to a member, alternate
member, or employee of the authority, or to any member of their
immediate families.
(3) No member, alternate member, or employee of the authority, or
member of their immediate families, shall accept, solicit, or direct
a contribution of over ten dollars ($10) in value or amount from any
construction company, engineering firm, consultant, legal firm, or
any company, vendor, or business entity seeking a contract with the
authority.
(4) No member, alternate member, or employee of the authority
shall make or participate in, or use his or her official position to
influence, a contract decision if the member, alternate member, or
employee has knowingly accepted a contribution of over ten dollars
($10) in value in the past four years from a participant, or its
agent, involved in the contract decision.
(5) No member, alternate member, or employee of the authority, or
member of their immediate families shall accept, solicit, or direct a
contribution of over ten dollars ($10) in value or amount from a
construction company, engineering firm, consultant, legal firm, or
any company, vendor, or business entity that has contracted with the
authority in the preceding four years.
(b) A member, alternate member, or employee of the authority who
has participated as a decisionmaker in the preparation, evaluation,
award, or implementation of a contract and who leaves the authority
shall not, within three years of leaving the authority, accept
employment with any company, vendor, or business entity that was
awarded a contract as a result of his or her participation,
evaluation, award, or implementation of that contract.
130051.21. The Los Angeles County Transportation Commission and the
Southern California Rapid Transit District shall each cause a
supplemental independent fiscal audit to be conducted for the period
beginning July 1, 1992, and ending March 30, 1993, for the purpose of
determining the financial condition of each agency prior to the
abolishment of those agencies pursuant to Section 130051.13.
Thereafter, the Los Angeles County Metropolitan Transportation
Authority shall cause an independent fiscal audit of the authority to
be conducted annually and shall consider the results of the audit at
a duly noticed public hearing.
130051.21. (a) The Los Angeles County Metropolitan Transportation
Authority shall require its inspector general to prepare a
prequalification questionnaire to be completed by each construction
company, engineering firm, consultant, legal firm, product vendor,
and any other business entity seeking to contract with the authority
for the furnishing of goods or services. The questionnaire shall, at
a minimum, solicit information on all of the following subjects
regarding the firm:
(1) Experience.
(2) Quality and timeliness of past performance.
(3) Reliability and responsibility.
(4) Compliance with equal employment requirements.
(5) Compliance with wage, hours, and other fair labor standards.
(6) Subcontractors used by the firm.
(7) Integrity of the firm and its key personnel.
(8) Gifts given, or contributions made, to members or alternate
members or employees of the authority.
(b) Neither the authority nor any of its organizational units
shall contract or do business with any responding firm that knowingly
provides false information in the questionnaire.
130051.23. Whenever the Los Angeles County Metropolitan
Transportation Authority by resolution determines that any record,
map, book, or paper in the possession of the authority or any officer
or employee thereof is of no further value to the authority, the
board may authorize its sale, destruction, or other disposition.
Documents significant to the activities of the authority, including,
but not limited to, board and committee agendas, incoming and
outgoing correspondence, and contractual documents, shall be
microfilmed or otherwise preserved prior to the sale, destruction, or
other disposition of the original.
130051.24. (a) For the purposes of this section, the following
terms have the following meanings, unless the context requires
otherwise:
(1) The "authority" is the Los Angeles County Metropolitan
Transportation Authority.
(2) A "transportation zone" is a public agency or a public benefit
corporation of which public agencies are the sole members
established on or after January 1, 1999, that assumes any of the
operating responsibilities described in paragraph (2) of subdivision
(a) of Section 130051.11 on or after that date, regardless of whether
the transportation zone is an included municipal operator, as
defined in Section 99207, or an included transit district, as defined
in Section 99208.
(b) (1) Except as authorized under paragraph (2), a transportation
zone shall assume and be bound by the terms and conditions of
employment set forth in any collective bargaining agreements between
the authority and any labor organizations affected by the creation of
the transportation zone as well as the duties, obligations, and
liabilities arising from, or relating to, labor obligations imposed
by state or federal law upon the authority.
(2) Notwithstanding paragraph (1), if the authority is engaged in
collective bargaining with labor organizations representing employees
who are subject to transfer to the transportation zone between the
date of approval of the transportation zone and the date of the
transfer of service to the transportation zone, the authority may
consult with the transportation zone regarding matters within the
scope of labor representation.
(c) (1) For a period of four years, commencing with the date of
transfer of service by the authority to the transportation zone, or
at the expiration date of any collective bargaining agreement that is
in effect during that four-year period, whichever is later,
employees of the transportation zone, together with like employees of
the authority, shall constitute appropriate collective bargaining
units. However, the transportation zone may be a separate employer
for other purposes.
(2) Upon expiration of the period described in paragraph (1),
employees of the transportation zone, at the option of the
transportation zone, may constitute appropriate collective bargaining
units that are independent of the collective bargaining units of the
authority.
(3) If independent bargaining units are established as authorized
under paragraph (2), the transportation zone may enter into
agreements with labor organizations as a separate employer, regarding
wages, benefits, and other terms and conditions of employment.
(4) The transportation zone shall maintain single employer
collective bargaining units for transportation operations and
maintenance employees. Those bargaining units shall contain
classifications for employees that are identical to those that
existed for the joint collective bargaining units of the authority
and the transportation zone under paragraph (1), unless modified by
mutual agreement between the transportation zone and the affected
labor organizations.
(d) (1) The authority shall retain, for the period described in
paragraph (1) of subdivision (c), the power of final approval of
labor contracts negotiated by it and a transportation zone with those
labor organizations representing collective bargaining units
consisting of both employees of the authority and the employees of
the transportation zone. However, the authority may not grant any
final approval of a labor agreement unless it has first consulted
with the transportation zone.
(2) Upon expiration of the period described in paragraph (1) of
subdivision (c), the authority shall have no final approval power
over any labor contract negotiated between a transportation zone and
a labor organization representing the employees of the transportation
zone.
(e) (1) A transportation zone shall maintain, as a cosponsor with
the authority, any retirement system established and maintained under
subdivision (b) of Section 130110, until participation in the
retirement system or retirement benefits are modified under the
collective bargaining process.
(2) The transportation zone may appoint at least one member to the
retirement board of the retirement system. If the size of the board
is increased pursuant to this section, an equivalent number of
representatives of the labor organization representing the employees
shall be appointed to the board to ensure that the board maintains an
equal number of employer and labor organization members.
(3) Prior to the transfer of any service to a transportation zone,
the plan administrator for the retirement system shall permit the
transportation zone to perform an actuarial financial examination of
the assets and liabilities of the retirement system and the benefits
accrued under it.
(4) The liability of the transportation zone for obligations under
the retirement system shall be limited to benefits accruing to
employees of the transportation zone.
(f) (1) The transportation zone shall maintain the health care
provisions contained in any assumed collective bargaining agreement,
until those provisions are modified through the collective bargaining
process.
(2) The transportation zone may not be held liable for financial
obligations to any health care provider that arose prior to the
direct transfer of employees from the authority to the transportation
zone.
(g) Labor relations in a transportation zone shall be governed
under Article 10 (commencing with Section 30750) of Chapter 4 of Part
3 of Division 10, except that whenever a duty or power is imposed
upon or granted to the authority under those provisions, the duty or
power, for the purposes of this section, shall be deemed to be
imposed upon or granted to the transportation zone as well as the
authority.
(h) Nothing in this section prohibits a transportation zone from
contracting for managerial services that are not provided by any
classification of any bargaining unit.
(i) A transportation zone is not an organizational unit of the
authority.
130051.25. (a) For the purpose of this section, "recordable injury"
means any injury requiring treatment beyond simple first aid.
(b) A construction firm that contracts with the Los Angeles County
Metropolitan Transportation Authority shall report total recordable
injuries to the authority on a monthly basis.
(c) The authority shall annually determine if the number of
recordable injuries reported to the authority during the preceding
calendar year exceeded the national average of similar injuries as
reported by the Bureau of Labor Statistics for the most recent
published year. If the authority determines that the number of
recordable injuries reported to the authority during the preceding
calendar year exceeded the national average, the authority shall not
base any safety bonus program for contractors on injuries that result
in lost time, and shall base such a program on the overall rate of
recordable injuries.
130051.28. (a) The Los Angeles County Metropolitan Transportation
Authority shall appoint an inspector general to a term of office of
four years. The inspector general shall be removed from office only
if either or both of the following occur:
(1) A two-thirds majority of the members of the authority votes
for removal.
(2) The inspector general violates a federal or state law or
regulation, a local ordinance, or a policy or practice of the
authority, relative to ethical practices, including, but not limited
to, the acceptance of gifts or contributions.
(b) The inspector general shall, at a noticed public hearing of
the authority, report quarterly on the expenditures of the authority
for travel, meals and refreshments, private club dues, membership
fees and other charges, and any other expenditures which are
specified by the authority.
(c) Any investigatory file compiled by the inspector general is an
investigatory file compiled by a local law enforcement agency
subject to disclosure pursuant to subdivision (f) of Section 6254 of
the Government Code.
130052. The Orange County Transportation Commission shall be known
as the Orange County Transportation Authority and shall be governed
by a board of directors consisting of 18 members appointed as
follows:
(a) Five members of the Orange County Board of Supervisors
appointed by that board. Terms of office of the five members of the
board of supervisors shall be determined by the board of supervisors.
A board of supervisors member's term shall cease if he or she no
longer serves as a member of the board of supervisors.
(b) (1) (A) Five city members, with one from each of the five
supervisorial districts, elected by the Orange County City Selection
Committee members within each supervisorial district on a
population-weighted voting basis.
(B) Five city members, with one from each of the five
supervisorial districts, elected on a "one city, one vote" basis by
the Orange County City Selection Committee members within each
supervisorial district.
(2) A city that is within more than one supervisorial district
shall be considered part of the district where the highest percentage
of the city's population resides. Under this circumstance, the
entire city's population shall be used for population-weighted voting
purposes. Each city member shall be a mayor or a city council member
serving within the county. Terms of office of each city member shall
be determined by the Orange County City Selection Committee. A city
member's term shall cease if he or she no longer serves as a member
of a city council or as the mayor of a city.
(3) A city member serving on the authority on the effective date
of the act amending this section in the 2003-04 Regular Session shall
continue to serve until the earliest of either the expiration of his
or her term or until he or she no longer serves as a mayor or member
of a city council.
(c) Two public members appointed by a majority vote of the other
15 voting members of the authority. Each public member shall be a
resident of Orange County who is not then serving, and has not within
the last four years served, as an elected official of a city within
the county, as an elected official of any agency or special district
within Orange County, or as an elected official of the county. Each
public member shall serve for a term of four years.
(d) The Director of Transportation, District 12, who shall be
appointed by the Governor as a nonvoting member. The member shall
serve for a term of four years.
130052.1. The members of the Orange County Transportation
Authority, comprised as specified by Section 130052, shall serve as
the governing body of the Orange County Service Authority for Freeway
Emergencies.
130052.2. Until July 1, 1996, any included municipal operator
within the jurisdiction of the Orange County Transportation Authority
shall annually be allocated a level of funding pursuant to the
Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)
of Part 11 of Division 10) which is not less than the amount
allocated to that operator during the 1989-90 fiscal year adjusted by
an amount equal to the previous year's allocation multiplied by the
Los Angeles-Anaheim-Riverside Consumer Price Index, if the
apportionment under Section 99231 is not exceeded, and the operator
complies with the expenditure limit prescribed by Section 99268.
130052.3. (a) The Orange County Transportation Commission, the
Orange County Transit District, the Orange County Service Authority
for Freeway Emergencies, and the Orange County Consolidated
Transportation Services Agency shall jointly develop a comprehensive
plan for consolidation of the functions of these agencies. The plan
shall include, but not be limited to, all of the following:
(1) An institutional structure that provides for the consolidation
of all functions of the agencies within a unified management
structure responsible to a single policy board.
(2) A staffing plan that defines the personnel needs of the
consolidated agencies.
(3) A financial plan that includes an estimate of the revenues
available to the consolidated agencies, related restrictions or
requirements, and an estimate of the expenditures under the
consolidation plan.
(4) Recommendations for legislation necessary to implement the
plan.
(b) The plan shall be approved by the Orange County Transportation
Commission and the Board of Directors of the Orange County Transit
District and shall be transmitted to the Legislature, the Governor,
and the Controller on or before December 1, 1991.
(c) If the plan is not submitted by December 1, 1991, the
Controller shall, during the 1992-93 fiscal year, withhold payments
pursuant to Sections 2104, 2105, 2106, and 2107 of the Streets and
Highways Code to every city in Orange County, and the County of
Orange.
(d) Nothing in this section prohibits the Orange County
Transportation Commission, the Orange County Transit District, the
Orange County Service Authority for Freeway Emergencies, or the
Orange County Consolidated Transportation Services Agency, pursuant
to any authority which each respective agency possessed on January 1,
1991, from implementing all or part of the plan prior to its receipt
by the Legislature.
130053. The Riverside County Transportation Commission shall
consist of the following regular members:
(a) Five members of the Riverside County Board of Supervisors.
(b) One member from each incorporated city in Riverside County,
each of whom shall be a mayor or city council member.
(c) One nonvoting member appointed by the Governor.
130053.5. (a) The Riverside County Board of Supervisors shall
establish a procedure by which a member of that board may appoint an
alternate member of the board of supervisors to represent the member
for one meeting of the Riverside County Transportation Commission.
Notice of the alternate appointment shall be made in writing to the
clerk of the commission 24 hours prior to the meeting.
(b) Each incorporated city in Riverside County shall appoint one
alternate member to the commission who shall represent the regular
member of the commission who serves on behalf of the city, if the
regular member is not in attendance at a meeting. Notice of the
alternate appointment shall be made in writing to the clerk of the
commission 24 hours prior to the meeting. If an incorporated city
appoints an alternate member, the alternate member shall be either
the mayor or a city council member of that incorporated city.
130053.7. (a) Except as specified in subdivision (b), each regular
member of the Riverside County Transportation Commission, or an
alternate member acting in the place of a regular member pursuant to
Section 130053.5, shall have one vote at meetings of the commission.
(b) Notwithstanding subdivision (a), any member of the commission,
immediately after a vote of the commission in accordance with
subdivision (a), may call for a weighted vote. For an item to be
passed by weighted vote, all of the following requirements shall be
met:
(1) The item shall be approved by a majority of the commission
members present at the meeting who represent the board of
supervisors, who each shall have one vote.
(2) The item shall be approved by a majority of the commission
members present at the meeting who represent cities in Riverside
County, who each shall have one vote.
(3) The item shall be approved by commission members present at
the meeting who represent cities in Riverside County representing a
majority of the population of the county living in incorporated
areas. For the purpose of this paragraph, each regular commission
member at the meeting who represents a city in Riverside County shall
be assigned votes based on the percentage of the population of
incorporated areas of Riverside County represented by that member in
relation to the total population of incorporated areas of Riverside
County represented at the meeting. Population data shall be
determined through Department of Finance estimates, adjusted
annually.
(c) Notwithstanding Section 130102, a quorum of the Riverside
County Transportation Commission shall be a majority of the total
voting membership of the commission.
130054. The San Bernardino County Transportation Commission shall
be the San Bernardino Associated Governments, consisting of the
following members:
(a) Five members of the San Bernardino County Board of
Supervisors.
(b) The Mayor of the City of San Bernardino.
(c) One member from each of the other incorporated cities of San
Bernardino County, who shall be a mayor or a city councilman.
(d) One nonvoting member appointed by the Governor.
130054.1. The Ventura County Transportation Commission shall
consist of the following members:
(a) Five members of the Ventura County Board of Supervisors.
(b) One member from each incorporated city within Ventura County
who shall be the mayor of the city or a member of its city council.
The term of a member under this subdivision terminates when he or she
ceases to hold that office or when replaced by the city council.
(c) One citizen member appointed by the Ventura County Board of
Supervisors, who shall not be an elected official, but who shall be a
resident of Ventura County.
(d) One citizen member appointed by the Ventura County City
Selection Committee, who shall not be an elected official, but who
shall be a resident of Ventura County.
(e) One nonvoting member appointed by the Governor.
130054.8. The Governor shall appoint a nonvoting member to each of
the commissions to represent the interest of state.
The appointees shall serve terms of four years and until their
successors are appointed and qualified.
No individual shall serve as a nonvoting member more than two
terms on a commission.
130055. The commissions shall merge with, or otherwise join, any
statutorily created multifunctional regional government organization,
if it has transportation planning and programming responsibilities
as specified in Article 5 (commencing with Section 130300) of Chapter
4, within one year of creation of such an organization.
130056. The commissions shall rely to the maximum extent possible
on existing state, regional, and local transportation planning and
programming data and expertise, rather than on a large duplicative
commission staff and set of plans.
The Legislature envisions the development of a small, but very
capable, core staff able to provide the commissions with an objective
analysis of the various options relative to plans and proposed
projects of the regional and local transportation agencies and
operators, and then translate those options into a short-range
transportation improvement program to be developed and approved
pursuant to subdivision (b) of Section 130303 in accordance with
decisions made by the commissions.
130057. It is the intent of the Legislature that, after the
development and approval of the short-range transportation
improvement program pursuant to subdivision (b) of Section 130303,
the transportation agencies responsible for the implementation of the
program shall be granted discretion on how to best implement the
program. Any changes made in the program by such an agency in its
implementation shall be consistent with the purposes of the program,
and the commission shall be immediately notified of such changes.
130058. It is the intent of the Legislature that, working through
the multicounty designated transportation planning agency, the four
commissions be encouraged to develop joint powers agreements or other
contractual arrangements between themselves in the development of
transportation facilities or for the provision of transportation
services where the commissions feel such arrangements are in the
public interest.
130059. The multicounty designated transportation planning agency
shall convene at least two meetings annually of representatives from
each of the four commissions, the agency, and the Department of
Transportation for the following purposes:
(a) To review and discuss the near-term transportation improvement
programs prior to adoption by the commissions.
(b) To review and discuss the regional transportation plan prior
to adoption by the agency pursuant to Chapter 2.5 (commencing with
Section 65080) of Title 7 of the Government Code.
(c) To consider progress in the development of a regionwide and
unified public transit system.
(d) To review and discuss any other matter of mutual concern.
