30630. The district may provide a rapid transit system for the
transportation of passengers and their incidental baggage.
30630.5. The district may operate charter bus service, subject to
all of the following limitations:
(a) No bus equipment that is designed solely for charter service
shall be purchased. A bus equipped with a toilet or underfloor
baggage compartment shall be deemed to be bus equipment that is
designed solely for charter service.
(b) Except as provided in subdivisions (d) and (e), the board
shall hold a public hearing prior to adopting a charter rate schedule
or any amendment thereto. Notice of the hearing shall be mailed to
each charter-party carrier operating within the district at least 30
days prior to the date of the hearing. The notice shall include the
proposed charter rate schedule. At the close of the public hearing,
the board may adopt charter rate schedules, which shall not be less
than the average for the three largest private charter-party carriers
operating similar service in the district.
(c) Charter service operations by the district shall originate and
terminate within the area served by the district, unless a private
charter-party carrier requests the district to provide service beyond
that area.
(d) The district may establish a schedule of rates for charter bus
services that are incidental to the holding of the Olympic Games in
Los Angeles. The rates for charter-party bus services established
under this subdivision shall be sufficient to pay all fully allocated
costs related to those charter bus services and shall contribute
financially to the reduction of deficits incurred by the district in
the operation of scheduled route services. The rates shall be at
least equal to the average of the lowest rates charged by the three
largest private charter-party carriers operating similar service in
Los Angeles County. The schedule of rates shall be effective from May
1, 1984, to September 30, 1984, inclusive.
(e) The district may provide charter service for a national
political convention to be held in Los Angeles in August 2000, to the
extent that private charter-party carriers are not capable of
providing that service. As used in this subdivision, the phrase "not
capable of providing that service" includes, but is not limited to,
the inability to meet requirements including, but not limited to,
requirements with regard to unique equipment, fuel type, number of
doors, accommodations for standing passengers, handicap
accessibility, or the nature of the service.
30631. (a) The district may acquire, construct, develop, lease,
jointly develop, own, operate, maintain, control, use, jointly use,
or dispose of rights-of-way, rail lines, monorails, buslines,
stations, platforms, switches, yards, terminals, parking lots, air
rights, land rights, development rights, entrances and exits, and any
and all other facilities for, incidental to, necessary for, or
convenient for rapid transit service, including, but not limited to,
facilities and structures physically or functionally related to rapid
transit service, within or partly without the district, underground,
upon, or above the ground and under, upon, or over public street,
highways, bridges, or other public ways or waterways, together with
all physical structures necessary for, incidental to, or convenient
for the access of persons and vehicles thereto, and may acquire,
lease, sell, or otherwise contract with respect to any interest in or
rights to the use or joint use of any or all of the foregoing.
However, installations in state freeways are subject to the approval
of the Department of Transportation and installations in other state
highways are subject to Article 2 (commencing with Section 670) of
Chapter 3 of Division 1 of the Streets and Highways Code.
(b) The use of the streets, highways, freeways, and other public
places by the district for any of the purposes permitted herein is
presumed to be no greater burden on adjoining properties than the
uses existing as of August 22, 1964. If facilities, other than state
highways or freeways referred to above, (including, but not limited
to, streets, highways, pipelines, sewers, water mains, storm drains,
poles, communications wires, and electric transmission wires) of
another public agency, of the state, or of a private owner are
necessarily required to be relocated, replaced, or altered in order
for the district to construct or operate its system, or if the
construction or operation by the district of its system makes
necessary the relocation, replacement, or alteration of any of those
facilities of another public agency, of the state, or of a private
owner in order to maintain the functioning of the facilities at their
previous level of service, the facilities shall be relocated,
replaced, or altered with reasonable promptness by the respective
public corporation, state, or private owner and the district shall,
by prior agreement, reimburse the public corporation, state, or
private owner for the actual cost necessarily incurred in the
relocation, replacement, or alteration.
(c) The district may enter into an agreement with any city or
county having jurisdiction over the street or highway involved, and,
as may be provided in the agreement, may close any city street or
county highway at or near the point of its interception with any
district facility or may make provision for carrying the city street
or county highway over or under or to a connection with the district
facility and may do any and all work on the city street or county
highway as is necessary therefor. No city street or county highway
shall be closed, either directly or indirectly, by the construction
of district facilities except pursuant to such an agreement or while
temporarily necessary during the construction of district facilities
if the district has first obtained a temporary street or highway
closing permit.
30632. The district may lease or contract for the use of its
facilities, or any portion therof, to any operator, and may provide
for subleases by such operator upon such terms and conditions as it
deems in the public interest. The word "operator" as used in this
section means any city or public agency or any person, firm or
private corporation engaged in the transportation of passengers for
hire, properly holding a Public Utilities Commission approved and
authorized certificate of public convenience and necessity for the
transporation of passengers.
30633. The district may construct, acquire, develop, jointly
develop, maintain, operate, lease, and dispose of works and
facilities in, under, upon, over, across, or along any road, street,
alley, avenue, or public highway or any stream, bay, watercourse, or
other public ways or waterways, or over any of the lands which are
the property of the state, including, but not limited to, facilities
and structures physically or functionally related to rapid transit
service, to the same extent that those rights and privileges relating
to public ways or waterways are granted to municipalities within the
state for those uses or any other use or uses, including, but not
limited to, those uses specified in Article 3 (commencing with
Section 10101) of Chapter 1 of Division 5.
30634. (a) The district may enter into agreements for the joint use
or joint development of any property or rights by the district and
any city, public agency, or public utility operating transit
facilities or nontransit facilities, or both, or any other person,
firm, corporation, association, organization, or other entity, public
or private, either, in whole or in part, within or outside the
district, for the joint use or development of any property of the
district or of the city, public agency, public utility, person, firm,
corporation, association, organization, or other entity, public or
private, or the establishment of through routes, joint fares, station
cost-sharing, connector fees, or land, air, or development rights
sales or leasing, transfer of passengers, pooling arrangements, or
for any other purpose necessary for, incidental to, or convenient for
the full exercise of the powers granted in this part. As to any
service which the district is authorized to perform pursuant to this
part, the district may contract for the performance of the service by
any city, county, or public utility operating transit facilities,
the territory of which is, in whole or in part, within the district.
(b) "Joint development" includes, but is not limited to,
agreements with any person, firm, corporation, association,
organization, or other entity, public or private, to develop or to
engage in the planning, financing, or construction of district
facilities or development projects adjacent, or physically or
functionally related, to district facilities.
(c) Notwithstanding any other provision of this part, no joint
development of nontransit facilities may be accomplished without the
prior approval of the legislative body of the local jurisdiction
within which the development is to take place.
(d) "Transit facilities," as used in this section, includes land,
buildings, and equipment, or any interest therein, whether or not the
operation thereof produces revenue, which have as their primary
purpose the operation of a rail transit system or the providing of
services to the passengers of a rail transit system.
(e) "Nontransit facilities," as used in this section, includes any
land, buildings, or equipment, or interest therein, which is used
primarily for the production of transit revenue not arising from the
operation of a rail transit system.
30635. The district may operate such feeder bus lines and other
feeder services as necessary.
30636. As soon as practicable after the effective date of this
part, the board shall cause a preliminary report to be made as to a
rapid transit service and system which shall include:
(a) The estimated cost of the proposed acquisition, and
construction and all incidental expenses connected therewith.
(b) The probable sources of income from the system and the
estimated amount thereof.
(c) The estimated cost of maintenance and operation thereof.
(d) The proposed method or methods of financing.
(e) Any other information deemed pertinent, including, without
limitation, a preliminary sketch or sketches, plan or plans or design
of stations, platforms, terminals, structures and facilities
constituting a method of rapid transit (all of the foregoing being
hereafter referred to in this section by the word "facilities"), the
proposed locations thereof and the proposed routes of the system.
The district shall, in connection with the studies necessary to
determine the possible routes and locations for the said facilities,
confer with the appropriate local governing bodies and other agencies
that may be affected thereby and with their technical and planning
personnel, obtaining where available any master or general plan in
the affected areas.
The district shall give written notice of the preliminary report
to each affected city or county that it may, within a period
prescribed by the district (which period shall not be less than sixty
(60) days), submit comments or evidence as to the effect that the
design, location and routes of said facilities would have in their
areas, including, without limitation, the effect upon property
values, state and local facilities, and city street and county
highway traffic.
When sufficient information has been accumulated to permit
intelligent discussion, the district shall publicize and hold such
public meeting or meetings as may be reasonably necessary to acquaint
interested individuals, officials and civic or other groups with the
studies made and the information developed and to obtain their views
with respect to the preliminary report.
Using the information developed the district shall then prepare a
final report containing the foregoing subdivisions (a) to (e) and
such other matters deemed pertinent, including, without limitation,
the information obtained at conferences and meetings, the
relationship between all proposed routes and locations of such
facilities and any master or general plans of the affected local
agency or agencies and any information submitted by affected cities
or counties pursuant to this section. The final report shall conclude
with a recommendation as to the routes, location and design of such
facilities.
The district shall serve written notice of the final report to
each affected city or county that it may, within a period to be
prescribed by the district (which period shall be not less than sixty
(60) days), request a public hearing. Such notification shall
include a statement that the district will hold a public hearing, if
requested to do so by the governing body, within thirty (30) days
following receipt of such written notification by the governing body;
provided, however, that if, prior to receipt of such notification
from the district, the governing body or bodies shall have, by
resolution, declared that no public hearing by the district is
necessary, then the notification by the district shall advise such
governing body only of the intention of the district to consider the
matter.
If any such governing body requests such hearing, the district
shall hold a hearing, after public notice given in such manner as the
district may determine, at which time and place all persons, and
official bodies and other organizations interested in the matter,
shall be afforded an opportunity to be heard. The district may also,
on its own motion, call a public meeting or hold such hearings as it
may deem appropriate. If no hearing is requested, the district may
determine the routes, locations and design for the said facilities
within the limits of the cities or counties to which the notice
required by this section was given after the expiration of such
period of thirty (30) days. If a hearing is requested, the district
must determine the routes, location and design for said facilities
within the limits of the cities or counties to which the notice
required by this section was given within ninety (90) days after the
first day on which such hearing is held.
This section is not intended to require in any report or reports
made under the section prior to a bond election for the acquisition
and construction of a line or lines or system (or such part thereof
as the board determines to call a bond election on, and whether such
report or reports be designated preliminary or final) detailed plans
and specifications such as would be necessary for the acquisition and
construction of the facilities or any part thereof, nor is it the
intent of this section to prevent the district from taking advantage
in the final plans and specifications of any technological advances,
if the same occur, or from making changes due to additional
information based on the results of surveys, experiments or tests.
Failure to comply in whole or part, or any defect in compliance
with this section prior to a bond election, shall not affect the
validity of the bond election or of the bonds, but as to any line to
be acquired or constructed from the proceeds of the bonds this
section must be substantially complied with prior to the expenditure
of the proceeds of the bonds on such line, and no substantial change
in any route theretofore determined following the procedure required
by this section may be made without holding further hearings pursuant
to notice given in such manner as the district may determine if the
proposed change in the route is objected to by any city or county
affected thereby.
30636.2. In planning the development of a rapid transit system or
any part thereof within its territory and in carrying out the
provisions of Section 30001, the district may extend its studies to
include any city or unincorporated area not within the territory of
the district. The district may invite the participation in such
studies of government agencies having planning jurisdiction in such
extended areas, and the studies shall be coordinated with regional
comprehensive and transportation planning programs. The district may
accept and use for the purpose of rapid transit planning in such
extended areas any funds provided for such purpose.
30636.5. (a) Not later than January 10, 1974, the district shall
submit to the Legislature its plan for the implementation of a rapid
transit system, and the financing thereof, in the district.
(b) Prior to adding any new, or extending any existing, scheduled
or regularly scheduled bus service, the district shall prepare a
cost-benefit study of the proposed added or extended bus service.
30637. The district shall not exercise control over any transit
facilities now or hereafter owned and operated wholly or partly
within, or without, the district by any city or public agency, unless
by consent of such city or public agency and upon such terms as are
mutually agreed upon between the board and such city or public
agency.
The district shall not establish, construct, complete, acquire,
operate, extend, or reroute (all of the foregoing being hereinafter
referred to by the word "establish" in all forms thereof), directly
or indirectly, either itself or by lease or contract with any other
person or otherwise, any rapid transit service or system in such
manner or form as will or may, either then or at any time in the
future, divert, lessen, or compete for the patronage or revenues of
the existing system of a publicly or privately owned public utility
without the consent of the public utility, if the existing system has
been in operation since at least August 1, 1974.
The maintenance and operation, but not the extension or rerouting,
of any existing system acquired by the district from a publicly or
privately owned public utility shall not be deemed to be the
establishment of a rapid transit service or system within the meaning
of this section.
The construction by the district of any structures constituting a
method of rapid transit, and the operation therein and thereon of any
equipment except buses, shall not be deemed to be the establishment,
construction, completion, acquisition, operation, or extension of
rapid transit within the meaning of this section.
No publicly owned public utility shall establish, construct,
complete, acquire, or extend, directly or indirectly, either itself
or by lease or contract with any other person or otherwise, any rapid
transit service system in such manner or form as will then
substantially divert or reduce the patronage or revenues of the
system operated by the district. Any municipality may acquire and
operate any existing transportation system within its existing
transit service area without being in violation of this paragraph and
may make route extensions to such system within its existing transit
service area where such extensions do not compete with the
established services of the district.
Nothing in this part shall be construed as in any way preventing
or restricting the City of Los Angeles or any other city from
exercising any powers which it has under Section 9 of Article XI of
the California Constitution, including, without limitation, the
establishing and operation of any point to point lines or system of
rapid transit to operate in connection with any other transportation
services established and operated by such city.
30638. (a) The rates, fees, and charges for service or rights
furnished, leased, or otherwise transferred pursuant to this part,
including, but not limited to, station cost-sharing, connector fees,
and land or air rights sales or leasing, shall be fixed by a vote of
two-thirds of all of the members of the board and shall be
reasonable. Insofar as practicable, the rates, fees, and charges
shall be determined and fixed so as to result in revenue which will
make the transit system self-supporting and shall be sufficient to
accomplish all of the following:
(1) Pay the operating expenses of the district.
(2) Provide for repairs, maintenance, and depreciation of works
owned or operated by the district.
(3) Provide for the purchase, lease, or acquisition of equipment
under Article 3 (commencing with Section 30940) of Chapter 7.
(4) Provide for the payment of the interest and principal of the
bonded debt, subject to the applicable provisions of this part
authorizing the issuance and retirement of bonds.
(5) Provide for the payment of contracts, agreements, leases,
equipment, trust certificates, and other legal liabilities assumed
under Chapter 8 (commencing with Section 31000).
(b) After making any current allocations of funds required for the
purposes prescribed by pargraphs (1) to (5), inclusive, of
subdivision (a) and by the terms of any indebtedness incurred under
Article 1 (commencing with Section 30900), Article 2 (commencing with
Section 30930), and Article 5 (commencing with Section 30960) of
Chapter 7, the board may provide funds for any purpose the board
deems necessary and desirable to carry out the purposes of this part.
(c) This section does not constitute a covenant to the holders of
any bonds or other evidences of indebtedness of the district unless
the ordinance, resolution, or indenture providing for the issuance of
those instruments so provides.
30638.2. Notwithstanding Section 30638, all net income from fees,
charges, rents, profits, or other net income arising from joint
development of the property of the district which was acquired
exclusively for the rail rapid transit system shall be used only for
the following purposes:
(a) Pay the capital and operating expenses of the rail rapid
transit system.
(b) Provide for the payment of interest and principal of the
bonded debt for the rail rapid transit system, subject to the
applicable provisions of this part authorizing the issuance and
retirement of bonds.
(c) Provide for the payment of contracts, agreements, leases,
equipment, and other legal liabilities assumed under Chapter 8
(commencing with Section 31000).
As used in this section, "operating expenses" includes the
expenses of operation, maintenance, and repair of all personal or
real property physically or functionally related to rail rapid
transit services or facilities.
30639. The board of supervisors of a county, or the governing body
of a city having territory located within the district may file a
request for a hearing before the district board as to the
reasonableness of any rates or charges fixed by the district and as
to any proposal for fixing the location of facilities by the
district. The request shall be in writing and shall state the subject
matter on which a hearing is desired.
30640. Upon the filing of a request for hearing as provided in
Section 30639, the district board shall fix the time and place for
hearing. The time fixed shall not be less than 15 days nor more than
60 days from the date the request is filed. Notice of the hearing
shall be given to the county or city requesting the hearing, shall be
mailed to the governing body of each city and county located, in
whole or in part, within the district, and shall be published once by
the board.
30641. At the time fixed for any hearing before the board any board
of supervisors or city governing body eligible to file a request for
hearing, not a party to the original request for hearing, may
intervene and shall be entitled to be heard and to introduce
evidence.
30642. The district, petitioner or petitioners, and the intervenors
shall have the right to call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter relevant
to the issues even though that matter was not covered in direct
examination; and to rebut evidence introduced by other parties.
30643. Oral evidence shall be taken only on oath or affirmation.
The hearing need not be conducted according to technical rules
relating to evidences and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious business affairs,
regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection in
a civil action. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be
admissible over objection in a civil action.
30644. A complete record of all proceedings and testimony before
the board at such hearing shall be taken down by a reporter appointed
by the board. In case an action is brought to review any decision of
the board, a transcript of such testimony, together with all
exhibits or copies thereof introduced, together with the written
request for hearing and other proceedings in the cause shall
constitute the record on review; provided, however, that the board
and other parties may stipulate in writing that a specified portion
of the evidence be certified to the court for judgment and in such
case the portion of the evidence specified and the stipulation
specifying such evidence shall be the record on review.
30645. Within 30 days after the conclusion of the hearing, the
board shall render its decision, in writing, with written findings of
fact. Copies of the findings and decision shall be sent immediately
to the petitioners and intervenors by certified mail, postage
prepaid.
30646. The district shall be subject to regulations of the Public
Utilities Commission relating to safety appliances and procedures,
and the commission shall inspect all work done pursuant to this part
and may make such further additions or changes necessary for the
purpose of safety to employees and the general public.
The district shall be subject to the jurisdiction of the Public
Utilities Commission with respect to safety rules and other
regulations governing the operation of street railways.
The commission shall enforce the provisions of this section.
30647. The district shall be subject to the provisions of Division
14.8 (commencing with Section 34500) of the Vehicle Code with respect
to the operation of buses and to the rules and regulations
prescribed by the Department of the California Highway Patrol
pursuant to that chapter regulating the safe operation of buses.
30648. (a) The Legislature recognizes that the district made
specified representations regarding construction plans at the time it
received authorization to proceed with the planning and construction
of an exclusive public mass transit guideway system.
(b) The Legislature further recognizes that it is traditionally
less expensive to construct exclusive public mass transit guideway
systems using two construction crews working from each terminus to
the middle.
(c) Within three years after the start of construction of any
portion of the exclusive public mass transit guideway system-San
Fernando Valley-Downtown Los Angeles Metro Rail project, the district
shall start station construction on the segment of the system in the
San Fernando Valley, as defined in Section 11093 of the Government
Code. In the aggregate, within one year after the start of
construction of any portion of the project, the funding in each year
for below-ground construction on the North Hollywood terminus
station, which shall be located either adjacent to Lankershim
Boulevard within one-half mile south of Chandler Street or adjacent
to Chandler Street within one-half mile west of Lankershim Boulevard,
as determined by the Los Angeles County Transportation Commission,
and for tunneling and subway construction within this segment shall
not be less than 15 percent of the amount of nonfederal funds
allocated and spent in the previous year to construct the metro rail
project. Any funds which would have been required to be spent on
Valley Metro Rail construction pursuant to Chapter 617 of the
Statutes of 1984, shall be deposited in a trust fund which shall be
spent on qualified Valley Metro Rail construction pursuant to this
subdivision, except that any interest earned on those funds may be
used to subsidize commuter rail transportation serving the San
Fernando Valley Statistical Area, as described in subdivision (g) of
Section 76191 of the Government Code.
(d) If the entire public mass transit guideway system-San Fernando
Valley-Downtown Los Angeles Metro Rail project is converted to an
at-grade light rail system, then the construction to be done with the
portion of the funds designated in subdivision (c) for tunneling and
subway construction may be modified to conform to the mode of
construction to be used on the entire route of the San Fernando
Valley-Downtown Los Angeles Metro Rail project.
(e) Funding for this construction may include, but is not limited
to, any of the following sources:
(1) Funds derived from Los Angeles County Transportation
Commission revenue bonds.
(2) Funds derived from the Los Angeles County Transportation
Commission one-half of 1 percent transactions and use tax.
(3) Funds allocated by the California Transportation Commission
for exclusive public mass transit guideway construction pursuant to
Article XIX of the California Constitution and funds for that
construction allocated by the California Transportation Commission
from the Transportation Planning and Development Account in the State
Transportation Fund. However, the funds allocated by the California
Transportation Commission shall not be available for deposit in the
trust fund specified in subdivision (c).
30630. The district may provide a rapid transit system for the
transportation of passengers and their incidental baggage.
30630.5. The district may operate charter bus service, subject to
all of the following limitations:
(a) No bus equipment that is designed solely for charter service
shall be purchased. A bus equipped with a toilet or underfloor
baggage compartment shall be deemed to be bus equipment that is
designed solely for charter service.
(b) Except as provided in subdivisions (d) and (e), the board
shall hold a public hearing prior to adopting a charter rate schedule
or any amendment thereto. Notice of the hearing shall be mailed to
each charter-party carrier operating within the district at least 30
days prior to the date of the hearing. The notice shall include the
proposed charter rate schedule. At the close of the public hearing,
the board may adopt charter rate schedules, which shall not be less
than the average for the three largest private charter-party carriers
operating similar service in the district.
(c) Charter service operations by the district shall originate and
terminate within the area served by the district, unless a private
charter-party carrier requests the district to provide service beyond
that area.
(d) The district may establish a schedule of rates for charter bus
services that are incidental to the holding of the Olympic Games in
Los Angeles. The rates for charter-party bus services established
under this subdivision shall be sufficient to pay all fully allocated
costs related to those charter bus services and shall contribute
financially to the reduction of deficits incurred by the district in
the operation of scheduled route services. The rates shall be at
least equal to the average of the lowest rates charged by the three
largest private charter-party carriers operating similar service in
Los Angeles County. The schedule of rates shall be effective from May
1, 1984, to September 30, 1984, inclusive.
(e) The district may provide charter service for a national
political convention to be held in Los Angeles in August 2000, to the
extent that private charter-party carriers are not capable of
providing that service. As used in this subdivision, the phrase "not
capable of providing that service" includes, but is not limited to,
the inability to meet requirements including, but not limited to,
requirements with regard to unique equipment, fuel type, number of
doors, accommodations for standing passengers, handicap
accessibility, or the nature of the service.
30631. (a) The district may acquire, construct, develop, lease,
jointly develop, own, operate, maintain, control, use, jointly use,
or dispose of rights-of-way, rail lines, monorails, buslines,
stations, platforms, switches, yards, terminals, parking lots, air
rights, land rights, development rights, entrances and exits, and any
and all other facilities for, incidental to, necessary for, or
convenient for rapid transit service, including, but not limited to,
facilities and structures physically or functionally related to rapid
transit service, within or partly without the district, underground,
upon, or above the ground and under, upon, or over public street,
highways, bridges, or other public ways or waterways, together with
all physical structures necessary for, incidental to, or convenient
for the access of persons and vehicles thereto, and may acquire,
lease, sell, or otherwise contract with respect to any interest in or
rights to the use or joint use of any or all of the foregoing.
However, installations in state freeways are subject to the approval
of the Department of Transportation and installations in other state
highways are subject to Article 2 (commencing with Section 670) of
Chapter 3 of Division 1 of the Streets and Highways Code.
(b) The use of the streets, highways, freeways, and other public
places by the district for any of the purposes permitted herein is
presumed to be no greater burden on adjoining properties than the
uses existing as of August 22, 1964. If facilities, other than state
highways or freeways referred to above, (including, but not limited
to, streets, highways, pipelines, sewers, water mains, storm drains,
poles, communications wires, and electric transmission wires) of
another public agency, of the state, or of a private owner are
necessarily required to be relocated, replaced, or altered in order
for the district to construct or operate its system, or if the
construction or operation by the district of its system makes
necessary the relocation, replacement, or alteration of any of those
facilities of another public agency, of the state, or of a private
owner in order to maintain the functioning of the facilities at their
previous level of service, the facilities shall be relocated,
replaced, or altered with reasonable promptness by the respective
public corporation, state, or private owner and the district shall,
by prior agreement, reimburse the public corporation, state, or
private owner for the actual cost necessarily incurred in the
relocation, replacement, or alteration.
(c) The district may enter into an agreement with any city or
county having jurisdiction over the street or highway involved, and,
as may be provided in the agreement, may close any city street or
county highway at or near the point of its interception with any
district facility or may make provision for carrying the city street
or county highway over or under or to a connection with the district
facility and may do any and all work on the city street or county
highway as is necessary therefor. No city street or county highway
shall be closed, either directly or indirectly, by the construction
of district facilities except pursuant to such an agreement or while
temporarily necessary during the construction of district facilities
if the district has first obtained a temporary street or highway
closing permit.
30632. The district may lease or contract for the use of its
facilities, or any portion therof, to any operator, and may provide
for subleases by such operator upon such terms and conditions as it
deems in the public interest. The word "operator" as used in this
section means any city or public agency or any person, firm or
private corporation engaged in the transportation of passengers for
hire, properly holding a Public Utilities Commission approved and
authorized certificate of public convenience and necessity for the
transporation of passengers.
30633. The district may construct, acquire, develop, jointly
develop, maintain, operate, lease, and dispose of works and
facilities in, under, upon, over, across, or along any road, street,
alley, avenue, or public highway or any stream, bay, watercourse, or
other public ways or waterways, or over any of the lands which are
the property of the state, including, but not limited to, facilities
and structures physically or functionally related to rapid transit
service, to the same extent that those rights and privileges relating
to public ways or waterways are granted to municipalities within the
state for those uses or any other use or uses, including, but not
limited to, those uses specified in Article 3 (commencing with
Section 10101) of Chapter 1 of Division 5.
30634. (a) The district may enter into agreements for the joint use
or joint development of any property or rights by the district and
any city, public agency, or public utility operating transit
facilities or nontransit facilities, or both, or any other person,
firm, corporation, association, organization, or other entity, public
or private, either, in whole or in part, within or outside the
district, for the joint use or development of any property of the
district or of the city, public agency, public utility, person, firm,
corporation, association, organization, or other entity, public or
private, or the establishment of through routes, joint fares, station
cost-sharing, connector fees, or land, air, or development rights
sales or leasing, transfer of passengers, pooling arrangements, or
for any other purpose necessary for, incidental to, or convenient for
the full exercise of the powers granted in this part. As to any
service which the district is authorized to perform pursuant to this
part, the district may contract for the performance of the service by
any city, county, or public utility operating transit facilities,
the territory of which is, in whole or in part, within the district.
(b) "Joint development" includes, but is not limited to,
agreements with any person, firm, corporation, association,
organization, or other entity, public or private, to develop or to
engage in the planning, financing, or construction of district
facilities or development projects adjacent, or physically or
functionally related, to district facilities.
(c) Notwithstanding any other provision of this part, no joint
development of nontransit facilities may be accomplished without the
prior approval of the legislative body of the local jurisdiction
within which the development is to take place.
(d) "Transit facilities," as used in this section, includes land,
buildings, and equipment, or any interest therein, whether or not the
operation thereof produces revenue, which have as their primary
purpose the operation of a rail transit system or the providing of
services to the passengers of a rail transit system.
(e) "Nontransit facilities," as used in this section, includes any
land, buildings, or equipment, or interest therein, which is used
primarily for the production of transit revenue not arising from the
operation of a rail transit system.
30635. The district may operate such feeder bus lines and other
feeder services as necessary.
30636. As soon as practicable after the effective date of this
part, the board shall cause a preliminary report to be made as to a
rapid transit service and system which shall include:
(a) The estimated cost of the proposed acquisition, and
construction and all incidental expenses connected therewith.
(b) The probable sources of income from the system and the
estimated amount thereof.
(c) The estimated cost of maintenance and operation thereof.
(d) The proposed method or methods of financing.
(e) Any other information deemed pertinent, including, without
limitation, a preliminary sketch or sketches, plan or plans or design
of stations, platforms, terminals, structures and facilities
constituting a method of rapid transit (all of the foregoing being
hereafter referred to in this section by the word "facilities"), the
proposed locations thereof and the proposed routes of the system.
The district shall, in connection with the studies necessary to
determine the possible routes and locations for the said facilities,
confer with the appropriate local governing bodies and other agencies
that may be affected thereby and with their technical and planning
personnel, obtaining where available any master or general plan in
the affected areas.
The district shall give written notice of the preliminary report
to each affected city or county that it may, within a period
prescribed by the district (which period shall not be less than sixty
(60) days), submit comments or evidence as to the effect that the
design, location and routes of said facilities would have in their
areas, including, without limitation, the effect upon property
values, state and local facilities, and city street and county
highway traffic.
When sufficient information has been accumulated to permit
intelligent discussion, the district shall publicize and hold such
public meeting or meetings as may be reasonably necessary to acquaint
interested individuals, officials and civic or other groups with the
studies made and the information developed and to obtain their views
with respect to the preliminary report.
Using the information developed the district shall then prepare a
final report containing the foregoing subdivisions (a) to (e) and
such other matters deemed pertinent, including, without limitation,
the information obtained at conferences and meetings, the
relationship between all proposed routes and locations of such
facilities and any master or general plans of the affected local
agency or agencies and any information submitted by affected cities
or counties pursuant to this section. The final report shall conclude
with a recommendation as to the routes, location and design of such
facilities.
The district shall serve written notice of the final report to
each affected city or county that it may, within a period to be
prescribed by the district (which period shall be not less than sixty
(60) days), request a public hearing. Such notification shall
include a statement that the district will hold a public hearing, if
requested to do so by the governing body, within thirty (30) days
following receipt of such written notification by the governing body;
provided, however, that if, prior to receipt of such notification
from the district, the governing body or bodies shall have, by
resolution, declared that no public hearing by the district is
necessary, then the notification by the district shall advise such
governing body only of the intention of the district to consider the
matter.
If any such governing body requests such hearing, the district
shall hold a hearing, after public notice given in such manner as the
district may determine, at which time and place all persons, and
official bodies and other organizations interested in the matter,
shall be afforded an opportunity to be heard. The district may also,
on its own motion, call a public meeting or hold such hearings as it
may deem appropriate. If no hearing is requested, the district may
determine the routes, locations and design for the said facilities
within the limits of the cities or counties to which the notice
required by this section was given after the expiration of such
period of thirty (30) days. If a hearing is requested, the district
must determine the routes, location and design for said facilities
within the limits of the cities or counties to which the notice
required by this section was given within ninety (90) days after the
first day on which such hearing is held.
This section is not intended to require in any report or reports
made under the section prior to a bond election for the acquisition
and construction of a line or lines or system (or such part thereof
as the board determines to call a bond election on, and whether such
report or reports be designated preliminary or final) detailed plans
and specifications such as would be necessary for the acquisition and
construction of the facilities or any part thereof, nor is it the
intent of this section to prevent the district from taking advantage
in the final plans and specifications of any technological advances,
if the same occur, or from making changes due to additional
information based on the results of surveys, experiments or tests.
Failure to comply in whole or part, or any defect in compliance
with this section prior to a bond election, shall not affect the
validity of the bond election or of the bonds, but as to any line to
be acquired or constructed from the proceeds of the bonds this
section must be substantially complied with prior to the expenditure
of the proceeds of the bonds on such line, and no substantial change
in any route theretofore determined following the procedure required
by this section may be made without holding further hearings pursuant
to notice given in such manner as the district may determine if the
proposed change in the route is objected to by any city or county
affected thereby.
30636.2. In planning the development of a rapid transit system or
any part thereof within its territory and in carrying out the
provisions of Section 30001, the district may extend its studies to
include any city or unincorporated area not within the territory of
the district. The district may invite the participation in such
studies of government agencies having planning jurisdiction in such
extended areas, and the studies shall be coordinated with regional
comprehensive and transportation planning programs. The district may
accept and use for the purpose of rapid transit planning in such
extended areas any funds provided for such purpose.
30636.5. (a) Not later than January 10, 1974, the district shall
submit to the Legislature its plan for the implementation of a rapid
transit system, and the financing thereof, in the district.
(b) Prior to adding any new, or extending any existing, scheduled
or regularly scheduled bus service, the district shall prepare a
cost-benefit study of the proposed added or extended bus service.
30637. The district shall not exercise control over any transit
facilities now or hereafter owned and operated wholly or partly
within, or without, the district by any city or public agency, unless
by consent of such city or public agency and upon such terms as are
mutually agreed upon between the board and such city or public
agency.
The district shall not establish, construct, complete, acquire,
operate, extend, or reroute (all of the foregoing being hereinafter
referred to by the word "establish" in all forms thereof), directly
or indirectly, either itself or by lease or contract with any other
person or otherwise, any rapid transit service or system in such
manner or form as will or may, either then or at any time in the
future, divert, lessen, or compete for the patronage or revenues of
the existing system of a publicly or privately owned public utility
without the consent of the public utility, if the existing system has
been in operation since at least August 1, 1974.
The maintenance and operation, but not the extension or rerouting,
of any existing system acquired by the district from a publicly or
privately owned public utility shall not be deemed to be the
establishment of a rapid transit service or system within the meaning
of this section.
The construction by the district of any structures constituting a
method of rapid transit, and the operation therein and thereon of any
equipment except buses, shall not be deemed to be the establishment,
construction, completion, acquisition, operation, or extension of
rapid transit within the meaning of this section.
No publicly owned public utility shall establish, construct,
complete, acquire, or extend, directly or indirectly, either itself
or by lease or contract with any other person or otherwise, any rapid
transit service system in such manner or form as will then
substantially divert or reduce the patronage or revenues of the
system operated by the district. Any municipality may acquire and
operate any existing transportation system within its existing
transit service area without being in violation of this paragraph and
may make route extensions to such system within its existing transit
service area where such extensions do not compete with the
established services of the district.
Nothing in this part shall be construed as in any way preventing
or restricting the City of Los Angeles or any other city from
exercising any powers which it has under Section 9 of Article XI of
the California Constitution, including, without limitation, the
establishing and operation of any point to point lines or system of
rapid transit to operate in connection with any other transportation
services established and operated by such city.
30638. (a) The rates, fees, and charges for service or rights
furnished, leased, or otherwise transferred pursuant to this part,
including, but not limited to, station cost-sharing, connector fees,
and land or air rights sales or leasing, shall be fixed by a vote of
two-thirds of all of the members of the board and shall be
reasonable. Insofar as practicable, the rates, fees, and charges
shall be determined and fixed so as to result in revenue which will
make the transit system self-supporting and shall be sufficient to
accomplish all of the following:
(1) Pay the operating expenses of the district.
(2) Provide for repairs, maintenance, and depreciation of works
owned or operated by the district.
(3) Provide for the purchase, lease, or acquisition of equipment
under Article 3 (commencing with Section 30940) of Chapter 7.
(4) Provide for the payment of the interest and principal of the
bonded debt, subject to the applicable provisions of this part
authorizing the issuance and retirement of bonds.
(5) Provide for the payment of contracts, agreements, leases,
equipment, trust certificates, and other legal liabilities assumed
under Chapter 8 (commencing with Section 31000).
(b) After making any current allocations of funds required for the
purposes prescribed by pargraphs (1) to (5), inclusive, of
subdivision (a) and by the terms of any indebtedness incurred under
Article 1 (commencing with Section 30900), Article 2 (commencing with
Section 30930), and Article 5 (commencing with Section 30960) of
Chapter 7, the board may provide funds for any purpose the board
deems necessary and desirable to carry out the purposes of this part.
(c) This section does not constitute a covenant to the holders of
any bonds or other evidences of indebtedness of the district unless
the ordinance, resolution, or indenture providing for the issuance of
those instruments so provides.
30638.2. Notwithstanding Section 30638, all net income from fees,
charges, rents, profits, or other net income arising from joint
development of the property of the district which was acquired
exclusively for the rail rapid transit system shall be used only for
the following purposes:
(a) Pay the capital and operating expenses of the rail rapid
transit system.
(b) Provide for the payment of interest and principal of the
bonded debt for the rail rapid transit system, subject to the
applicable provisions of this part authorizing the issuance and
retirement of bonds.
(c) Provide for the payment of contracts, agreements, leases,
equipment, and other legal liabilities assumed under Chapter 8
(commencing with Section 31000).
As used in this section, "operating expenses" includes the
expenses of operation, maintenance, and repair of all personal or
real property physically or functionally related to rail rapid
transit services or facilities.
30639. The board of supervisors of a county, or the governing body
of a city having territory located within the district may file a
request for a hearing before the district board as to the
reasonableness of any rates or charges fixed by the district and as
to any proposal for fixing the location of facilities by the
district. The request shall be in writing and shall state the subject
matter on which a hearing is desired.
30640. Upon the filing of a request for hearing as provided in
Section 30639, the district board shall fix the time and place for
hearing. The time fixed shall not be less than 15 days nor more than
60 days from the date the request is filed. Notice of the hearing
shall be given to the county or city requesting the hearing, shall be
mailed to the governing body of each city and county located, in
whole or in part, within the district, and shall be published once by
the board.
30641. At the time fixed for any hearing before the board any board
of supervisors or city governing body eligible to file a request for
hearing, not a party to the original request for hearing, may
intervene and shall be entitled to be heard and to introduce
evidence.
30642. The district, petitioner or petitioners, and the intervenors
shall have the right to call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter relevant
to the issues even though that matter was not covered in direct
examination; and to rebut evidence introduced by other parties.
30643. Oral evidence shall be taken only on oath or affirmation.
The hearing need not be conducted according to technical rules
relating to evidences and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious business affairs,
regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection in
a civil action. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be
admissible over objection in a civil action.
30644. A complete record of all proceedings and testimony before
the board at such hearing shall be taken down by a reporter appointed
by the board. In case an action is brought to review any decision of
the board, a transcript of such testimony, together with all
exhibits or copies thereof introduced, together with the written
request for hearing and other proceedings in the cause shall
constitute the record on review; provided, however, that the board
and other parties may stipulate in writing that a specified portion
of the evidence be certified to the court for judgment and in such
case the portion of the evidence specified and the stipulation
specifying such evidence shall be the record on review.
30645. Within 30 days after the conclusion of the hearing, the
board shall render its decision, in writing, with written findings of
fact. Copies of the findings and decision shall be sent immediately
to the petitioners and intervenors by certified mail, postage
prepaid.
30646. The district shall be subject to regulations of the Public
Utilities Commission relating to safety appliances and procedures,
and the commission shall inspect all work done pursuant to this part
and may make such further additions or changes necessary for the
purpose of safety to employees and the general public.
The district shall be subject to the jurisdiction of the Public
Utilities Commission with respect to safety rules and other
regulations governing the operation of street railways.
The commission shall enforce the provisions of this section.
30647. The district shall be subject to the provisions of Division
14.8 (commencing with Section 34500) of the Vehicle Code with respect
to the operation of buses and to the rules and regulations
prescribed by the Department of the California Highway Patrol
pursuant to that chapter regulating the safe operation of buses.
30648. (a) The Legislature recognizes that the district made
specified representations regarding construction plans at the time it
received authorization to proceed with the planning and construction
of an exclusive public mass transit guideway system.
(b) The Legislature further recognizes that it is traditionally
less expensive to construct exclusive public mass transit guideway
systems using two construction crews working from each terminus to
the middle.
(c) Within three years after the start of construction of any
portion of the exclusive public mass transit guideway system-San
Fernando Valley-Downtown Los Angeles Metro Rail project, the district
shall start station construction on the segment of the system in the
San Fernando Valley, as defined in Section 11093 of the Government
Code. In the aggregate, within one year after the start of
construction of any portion of the project, the funding in each year
for below-ground construction on the North Hollywood terminus
station, which shall be located either adjacent to Lankershim
Boulevard within one-half mile south of Chandler Street or adjacent
to Chandler Street within one-half mile west of Lankershim Boulevard,
as determined by the Los Angeles County Transportation Commission,
and for tunneling and subway construction within this segment shall
not be less than 15 percent of the amount of nonfederal funds
allocated and spent in the previous year to construct the metro rail
project. Any funds which would have been required to be spent on
Valley Metro Rail construction pursuant to Chapter 617 of the
Statutes of 1984, shall be deposited in a trust fund which shall be
spent on qualified Valley Metro Rail construction pursuant to this
subdivision, except that any interest earned on those funds may be
used to subsidize commuter rail transportation serving the San
Fernando Valley Statistical Area, as described in subdivision (g) of
Section 76191 of the Government Code.
(d) If the entire public mass transit guideway system-San Fernando
Valley-Downtown Los Angeles Metro Rail project is converted to an
at-grade light rail system, then the construction to be done with the
portion of the funds designated in subdivision (c) for tunneling and
subway construction may be modified to conform to the mode of
construction to be used on the entire route of the San Fernando
Valley-Downtown Los Angeles Metro Rail project.
(e) Funding for this construction may include, but is not limited
to, any of the following sources:
(1) Funds derived from Los Angeles County Transportation
Commission revenue bonds.
(2) Funds derived from the Los Angeles County Transportation
Commission one-half of 1 percent transactions and use tax.
(3) Funds allocated by the California Transportation Commission
for exclusive public mass transit guideway construction pursuant to
Article XIX of the California Constitution and funds for that
construction allocated by the California Transportation Commission
from the Transportation Planning and Development Account in the State
Transportation Fund. However, the funds allocated by the California
Transportation Commission shall not be available for deposit in the
trust fund specified in subdivision (c).
30630. The district may provide a rapid transit system for the
transportation of passengers and their incidental baggage.
30630.5. The district may operate charter bus service, subject to
all of the following limitations:
(a) No bus equipment that is designed solely for charter service
shall be purchased. A bus equipped with a toilet or underfloor
baggage compartment shall be deemed to be bus equipment that is
designed solely for charter service.
(b) Except as provided in subdivisions (d) and (e), the board
shall hold a public hearing prior to adopting a charter rate schedule
or any amendment thereto. Notice of the hearing shall be mailed to
each charter-party carrier operating within the district at least 30
days prior to the date of the hearing. The notice shall include the
proposed charter rate schedule. At the close of the public hearing,
the board may adopt charter rate schedules, which shall not be less
than the average for the three largest private charter-party carriers
operating similar service in the district.
(c) Charter service operations by the district shall originate and
terminate within the area served by the district, unless a private
charter-party carrier requests the district to provide service beyond
that area.
(d) The district may establish a schedule of rates for charter bus
services that are incidental to the holding of the Olympic Games in
Los Angeles. The rates for charter-party bus services established
under this subdivision shall be sufficient to pay all fully allocated
costs related to those charter bus services and shall contribute
financially to the reduction of deficits incurred by the district in
the operation of scheduled route services. The rates shall be at
least equal to the average of the lowest rates charged by the three
largest private charter-party carriers operating similar service in
Los Angeles County. The schedule of rates shall be effective from May
1, 1984, to September 30, 1984, inclusive.
(e) The district may provide charter service for a national
political convention to be held in Los Angeles in August 2000, to the
extent that private charter-party carriers are not capable of
providing that service. As used in this subdivision, the phrase "not
capable of providing that service" includes, but is not limited to,
the inability to meet requirements including, but not limited to,
requirements with regard to unique equipment, fuel type, number of
doors, accommodations for standing passengers, handicap
accessibility, or the nature of the service.
30631. (a) The district may acquire, construct, develop, lease,
jointly develop, own, operate, maintain, control, use, jointly use,
or dispose of rights-of-way, rail lines, monorails, buslines,
stations, platforms, switches, yards, terminals, parking lots, air
rights, land rights, development rights, entrances and exits, and any
and all other facilities for, incidental to, necessary for, or
convenient for rapid transit service, including, but not limited to,
facilities and structures physically or functionally related to rapid
transit service, within or partly without the district, underground,
upon, or above the ground and under, upon, or over public street,
highways, bridges, or other public ways or waterways, together with
all physical structures necessary for, incidental to, or convenient
for the access of persons and vehicles thereto, and may acquire,
lease, sell, or otherwise contract with respect to any interest in or
rights to the use or joint use of any or all of the foregoing.
However, installations in state freeways are subject to the approval
of the Department of Transportation and installations in other state
highways are subject to Article 2 (commencing with Section 670) of
Chapter 3 of Division 1 of the Streets and Highways Code.
(b) The use of the streets, highways, freeways, and other public
places by the district for any of the purposes permitted herein is
presumed to be no greater burden on adjoining properties than the
uses existing as of August 22, 1964. If facilities, other than state
highways or freeways referred to above, (including, but not limited
to, streets, highways, pipelines, sewers, water mains, storm drains,
poles, communications wires, and electric transmission wires) of
another public agency, of the state, or of a private owner are
necessarily required to be relocated, replaced, or altered in order
for the district to construct or operate its system, or if the
construction or operation by the district of its system makes
necessary the relocation, replacement, or alteration of any of those
facilities of another public agency, of the state, or of a private
owner in order to maintain the functioning of the facilities at their
previous level of service, the facilities shall be relocated,
replaced, or altered with reasonable promptness by the respective
public corporation, state, or private owner and the district shall,
by prior agreement, reimburse the public corporation, state, or
private owner for the actual cost necessarily incurred in the
relocation, replacement, or alteration.
(c) The district may enter into an agreement with any city or
county having jurisdiction over the street or highway involved, and,
as may be provided in the agreement, may close any city street or
county highway at or near the point of its interception with any
district facility or may make provision for carrying the city street
or county highway over or under or to a connection with the district
facility and may do any and all work on the city street or county
highway as is necessary therefor. No city street or county highway
shall be closed, either directly or indirectly, by the construction
of district facilities except pursuant to such an agreement or while
temporarily necessary during the construction of district facilities
if the district has first obtained a temporary street or highway
closing permit.
30632. The district may lease or contract for the use of its
facilities, or any portion therof, to any operator, and may provide
for subleases by such operator upon such terms and conditions as it
deems in the public interest. The word "operator" as used in this
section means any city or public agency or any person, firm or
private corporation engaged in the transportation of passengers for
hire, properly holding a Public Utilities Commission approved and
authorized certificate of public convenience and necessity for the
transporation of passengers.
30633. The district may construct, acquire, develop, jointly
develop, maintain, operate, lease, and dispose of works and
facilities in, under, upon, over, across, or along any road, street,
alley, avenue, or public highway or any stream, bay, watercourse, or
other public ways or waterways, or over any of the lands which are
the property of the state, including, but not limited to, facilities
and structures physically or functionally related to rapid transit
service, to the same extent that those rights and privileges relating
to public ways or waterways are granted to municipalities within the
state for those uses or any other use or uses, including, but not
limited to, those uses specified in Article 3 (commencing with
Section 10101) of Chapter 1 of Division 5.
30634. (a) The district may enter into agreements for the joint use
or joint development of any property or rights by the district and
any city, public agency, or public utility operating transit
facilities or nontransit facilities, or both, or any other person,
firm, corporation, association, organization, or other entity, public
or private, either, in whole or in part, within or outside the
district, for the joint use or development of any property of the
district or of the city, public agency, public utility, person, firm,
corporation, association, organization, or other entity, public or
private, or the establishment of through routes, joint fares, station
cost-sharing, connector fees, or land, air, or development rights
sales or leasing, transfer of passengers, pooling arrangements, or
for any other purpose necessary for, incidental to, or convenient for
the full exercise of the powers granted in this part. As to any
service which the district is authorized to perform pursuant to this
part, the district may contract for the performance of the service by
any city, county, or public utility operating transit facilities,
the territory of which is, in whole or in part, within the district.
(b) "Joint development" includes, but is not limited to,
agreements with any person, firm, corporation, association,
organization, or other entity, public or private, to develop or to
engage in the planning, financing, or construction of district
facilities or development projects adjacent, or physically or
functionally related, to district facilities.
(c) Notwithstanding any other provision of this part, no joint
development of nontransit facilities may be accomplished without the
prior approval of the legislative body of the local jurisdiction
within which the development is to take place.
(d) "Transit facilities," as used in this section, includes land,
buildings, and equipment, or any interest therein, whether or not the
operation thereof produces revenue, which have as their primary
purpose the operation of a rail transit system or the providing of
services to the passengers of a rail transit system.
(e) "Nontransit facilities," as used in this section, includes any
land, buildings, or equipment, or interest therein, which is used
primarily for the production of transit revenue not arising from the
operation of a rail transit system.
30635. The district may operate such feeder bus lines and other
feeder services as necessary.
30636. As soon as practicable after the effective date of this
part, the board shall cause a preliminary report to be made as to a
rapid transit service and system which shall include:
(a) The estimated cost of the proposed acquisition, and
construction and all incidental expenses connected therewith.
(b) The probable sources of income from the system and the
estimated amount thereof.
(c) The estimated cost of maintenance and operation thereof.
(d) The proposed method or methods of financing.
(e) Any other information deemed pertinent, including, without
limitation, a preliminary sketch or sketches, plan or plans or design
of stations, platforms, terminals, structures and facilities
constituting a method of rapid transit (all of the foregoing being
hereafter referred to in this section by the word "facilities"), the
proposed locations thereof and the proposed routes of the system.
The district shall, in connection with the studies necessary to
determine the possible routes and locations for the said facilities,
confer with the appropriate local governing bodies and other agencies
that may be affected thereby and with their technical and planning
personnel, obtaining where available any master or general plan in
the affected areas.
The district shall give written notice of the preliminary report
to each affected city or county that it may, within a period
prescribed by the district (which period shall not be less than sixty
(60) days), submit comments or evidence as to the effect that the
design, location and routes of said facilities would have in their
areas, including, without limitation, the effect upon property
values, state and local facilities, and city street and county
highway traffic.
When sufficient information has been accumulated to permit
intelligent discussion, the district shall publicize and hold such
public meeting or meetings as may be reasonably necessary to acquaint
interested individuals, officials and civic or other groups with the
studies made and the information developed and to obtain their views
with respect to the preliminary report.
Using the information developed the district shall then prepare a
final report containing the foregoing subdivisions (a) to (e) and
such other matters deemed pertinent, including, without limitation,
the information obtained at conferences and meetings, the
relationship between all proposed routes and locations of such
facilities and any master or general plans of the affected local
agency or agencies and any information submitted by affected cities
or counties pursuant to this section. The final report shall conclude
with a recommendation as to the routes, location and design of such
facilities.
The district shall serve written notice of the final report to
each affected city or county that it may, within a period to be
prescribed by the district (which period shall be not less than sixty
(60) days), request a public hearing. Such notification shall
include a statement that the district will hold a public hearing, if
requested to do so by the governing body, within thirty (30) days
following receipt of such written notification by the governing body;
provided, however, that if, prior to receipt of such notification
from the district, the governing body or bodies shall have, by
resolution, declared that no public hearing by the district is
necessary, then the notification by the district shall advise such
governing body only of the intention of the district to consider the
matter.
If any such governing body requests such hearing, the district
shall hold a hearing, after public notice given in such manner as the
district may determine, at which time and place all persons, and
official bodies and other organizations interested in the matter,
shall be afforded an opportunity to be heard. The district may also,
on its own motion, call a public meeting or hold such hearings as it
may deem appropriate. If no hearing is requested, the district may
determine the routes, locations and design for the said facilities
within the limits of the cities or counties to which the notice
required by this section was given after the expiration of such
period of thirty (30) days. If a hearing is requested, the district
must determine the routes, location and design for said facilities
within the limits of the cities or counties to which the notice
required by this section was given within ninety (90) days after the
first day on which such hearing is held.
This section is not intended to require in any report or reports
made under the section prior to a bond election for the acquisition
and construction of a line or lines or system (or such part thereof
as the board determines to call a bond election on, and whether such
report or reports be designated preliminary or final) detailed plans
and specifications such as would be necessary for the acquisition and
construction of the facilities or any part thereof, nor is it the
intent of this section to prevent the district from taking advantage
in the final plans and specifications of any technological advances,
if the same occur, or from making changes due to additional
information based on the results of surveys, experiments or tests.
Failure to comply in whole or part, or any defect in compliance
with this section prior to a bond election, shall not affect the
validity of the bond election or of the bonds, but as to any line to
be acquired or constructed from the proceeds of the bonds this
section must be substantially complied with prior to the expenditure
of the proceeds of the bonds on such line, and no substantial change
in any route theretofore determined following the procedure required
by this section may be made without holding further hearings pursuant
to notice given in such manner as the district may determine if the
proposed change in the route is objected to by any city or county
affected thereby.
30636.2. In planning the development of a rapid transit system or
any part thereof within its territory and in carrying out the
provisions of Section 30001, the district may extend its studies to
include any city or unincorporated area not within the territory of
the district. The district may invite the participation in such
studies of government agencies having planning jurisdiction in such
extended areas, and the studies shall be coordinated with regional
comprehensive and transportation planning programs. The district may
accept and use for the purpose of rapid transit planning in such
extended areas any funds provided for such purpose.
30636.5. (a) Not later than January 10, 1974, the district shall
submit to the Legislature its plan for the implementation of a rapid
transit system, and the financing thereof, in the district.
(b) Prior to adding any new, or extending any existing, scheduled
or regularly scheduled bus service, the district shall prepare a
cost-benefit study of the proposed added or extended bus service.
30637. The district shall not exercise control over any transit
facilities now or hereafter owned and operated wholly or partly
within, or without, the district by any city or public agency, unless
by consent of such city or public agency and upon such terms as are
mutually agreed upon between the board and such city or public
agency.
The district shall not establish, construct, complete, acquire,
operate, extend, or reroute (all of the foregoing being hereinafter
referred to by the word "establish" in all forms thereof), directly
or indirectly, either itself or by lease or contract with any other
person or otherwise, any rapid transit service or system in such
manner or form as will or may, either then or at any time in the
future, divert, lessen, or compete for the patronage or revenues of
the existing system of a publicly or privately owned public utility
without the consent of the public utility, if the existing system has
been in operation since at least August 1, 1974.
The maintenance and operation, but not the extension or rerouting,
of any existing system acquired by the district from a publicly or
privately owned public utility shall not be deemed to be the
establishment of a rapid transit service or system within the meaning
of this section.
The construction by the district of any structures constituting a
method of rapid transit, and the operation therein and thereon of any
equipment except buses, shall not be deemed to be the establishment,
construction, completion, acquisition, operation, or extension of
rapid transit within the meaning of this section.
No publicly owned public utility shall establish, construct,
complete, acquire, or extend, directly or indirectly, either itself
or by lease or contract with any other person or otherwise, any rapid
transit service system in such manner or form as will then
substantially divert or reduce the patronage or revenues of the
system operated by the district. Any municipality may acquire and
operate any existing transportation system within its existing
transit service area without being in violation of this paragraph and
may make route extensions to such system within its existing transit
service area where such extensions do not compete with the
established services of the district.
Nothing in this part shall be construed as in any way preventing
or restricting the City of Los Angeles or any other city from
exercising any powers which it has under Section 9 of Article XI of
the California Constitution, including, without limitation, the
establishing and operation of any point to point lines or system of
rapid transit to operate in connection with any other transportation
services established and operated by such city.
30638. (a) The rates, fees, and charges for service or rights
furnished, leased, or otherwise transferred pursuant to this part,
including, but not limited to, station cost-sharing, connector fees,
and land or air rights sales or leasing, shall be fixed by a vote of
two-thirds of all of the members of the board and shall be
reasonable. Insofar as practicable, the rates, fees, and charges
shall be determined and fixed so as to result in revenue which will
make the transit system self-supporting and shall be sufficient to
accomplish all of the following:
(1) Pay the operating expenses of the district.
(2) Provide for repairs, maintenance, and depreciation of works
owned or operated by the district.
(3) Provide for the purchase, lease, or acquisition of equipment
under Article 3 (commencing with Section 30940) of Chapter 7.
(4) Provide for the payment of the interest and principal of the
bonded debt, subject to the applicable provisions of this part
authorizing the issuance and retirement of bonds.
(5) Provide for the payment of contracts, agreements, leases,
equipment, trust certificates, and other legal liabilities assumed
under Chapter 8 (commencing with Section 31000).
(b) After making any current allocations of funds required for the
purposes prescribed by pargraphs (1) to (5), inclusive, of
subdivision (a) and by the terms of any indebtedness incurred under
Article 1 (commencing with Section 30900), Article 2 (commencing with
Section 30930), and Article 5 (commencing with Section 30960) of
Chapter 7, the board may provide funds for any purpose the board
deems necessary and desirable to carry out the purposes of this part.
(c) This section does not constitute a covenant to the holders of
any bonds or other evidences of indebtedness of the district unless
the ordinance, resolution, or indenture providing for the issuance of
those instruments so provides.
30638.2. Notwithstanding Section 30638, all net income from fees,
charges, rents, profits, or other net income arising from joint
development of the property of the district which was acquired
exclusively for the rail rapid transit system shall be used only for
the following purposes:
(a) Pay the capital and operating expenses of the rail rapid
transit system.
(b) Provide for the payment of interest and principal of the
bonded debt for the rail rapid transit system, subject to the
applicable provisions of this part authorizing the issuance and
retirement of bonds.
(c) Provide for the payment of contracts, agreements, leases,
equipment, and other legal liabilities assumed under Chapter 8
(commencing with Section 31000).
As used in this section, "operating expenses" includes the
expenses of operation, maintenance, and repair of all personal or
real property physically or functionally related to rail rapid
transit services or facilities.
30639. The board of supervisors of a county, or the governing body
of a city having territory located within the district may file a
request for a hearing before the district board as to the
reasonableness of any rates or charges fixed by the district and as
to any proposal for fixing the location of facilities by the
district. The request shall be in writing and shall state the subject
matter on which a hearing is desired.
30640. Upon the filing of a request for hearing as provided in
Section 30639, the district board shall fix the time and place for
hearing. The time fixed shall not be less than 15 days nor more than
60 days from the date the request is filed. Notice of the hearing
shall be given to the county or city requesting the hearing, shall be
mailed to the governing body of each city and county located, in
whole or in part, within the district, and shall be published once by
the board.
30641. At the time fixed for any hearing before the board any board
of supervisors or city governing body eligible to file a request for
hearing, not a party to the original request for hearing, may
intervene and shall be entitled to be heard and to introduce
evidence.
30642. The district, petitioner or petitioners, and the intervenors
shall have the right to call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter relevant
to the issues even though that matter was not covered in direct
examination; and to rebut evidence introduced by other parties.
30643. Oral evidence shall be taken only on oath or affirmation.
The hearing need not be conducted according to technical rules
relating to evidences and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious business affairs,
regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection in
a civil action. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be
admissible over objection in a civil action.
30644. A complete record of all proceedings and testimony before
the board at such hearing shall be taken down by a reporter appointed
by the board. In case an action is brought to review any decision of
the board, a transcript of such testimony, together with all
exhibits or copies thereof introduced, together with the written
request for hearing and other proceedings in the cause shall
constitute the record on review; provided, however, that the board
and other parties may stipulate in writing that a specified portion
of the evidence be certified to the court for judgment and in such
case the portion of the evidence specified and the stipulation
specifying such evidence shall be the record on review.
30645. Within 30 days after the conclusion of the hearing, the
board shall render its decision, in writing, with written findings of
fact. Copies of the findings and decision shall be sent immediately
to the petitioners and intervenors by certified mail, postage
prepaid.
30646. The district shall be subject to regulations of the Public
Utilities Commission relating to safety appliances and procedures,
and the commission shall inspect all work done pursuant to this part
and may make such further additions or changes necessary for the
purpose of safety to employees and the general public.
The district shall be subject to the jurisdiction of the Public
Utilities Commission with respect to safety rules and other
regulations governing the operation of street railways.
The commission shall enforce the provisions of this section.
30647. The district shall be subject to the provisions of Division
14.8 (commencing with Section 34500) of the Vehicle Code with respect
to the operation of buses and to the rules and regulations
prescribed by the Department of the California Highway Patrol
pursuant to that chapter regulating the safe operation of buses.
30648. (a) The Legislature recognizes that the district made
specified representations regarding construction plans at the time it
received authorization to proceed with the planning and construction
of an exclusive public mass transit guideway system.
(b) The Legislature further recognizes that it is traditionally
less expensive to construct exclusive public mass transit guideway
systems using two construction crews working from each terminus to
the middle.
(c) Within three years after the start of construction of any
portion of the exclusive public mass transit guideway system-San
Fernando Valley-Downtown Los Angeles Metro Rail project, the district
shall start station construction on the segment of the system in the
San Fernando Valley, as defined in Section 11093 of the Government
Code. In the aggregate, within one year after the start of
construction of any portion of the project, the funding in each year
for below-ground construction on the North Hollywood terminus
station, which shall be located either adjacent to Lankershim
Boulevard within one-half mile south of Chandler Street or adjacent
to Chandler Street within one-half mile west of Lankershim Boulevard,
as determined by the Los Angeles County Transportation Commission,
and for tunneling and subway construction within this segment shall
not be less than 15 percent of the amount of nonfederal funds
allocated and spent in the previous year to construct the metro rail
project. Any funds which would have been required to be spent on
Valley Metro Rail construction pursuant to Chapter 617 of the
Statutes of 1984, shall be deposited in a trust fund which shall be
spent on qualified Valley Metro Rail construction pursuant to this
subdivision, except that any interest earned on those funds may be
used to subsidize commuter rail transportation serving the San
Fernando Valley Statistical Area, as described in subdivision (g) of
Section 76191 of the Government Code.
(d) If the entire public mass transit guideway system-San Fernando
Valley-Downtown Los Angeles Metro Rail project is converted to an
at-grade light rail system, then the construction to be done with the
portion of the funds designated in subdivision (c) for tunneling and
subway construction may be modified to conform to the mode of
construction to be used on the entire route of the San Fernando
Valley-Downtown Los Angeles Metro Rail project.
(e) Funding for this construction may include, but is not limited
to, any of the following sources:
(1) Funds derived from Los Angeles County Transportation
Commission revenue bonds.
(2) Funds derived from the Los Angeles County Transportation
Commission one-half of 1 percent transactions and use tax.
(3) Funds allocated by the California Transportation Commission
for exclusive public mass transit guideway construction pursuant to
Article XIX of the California Constitution and funds for that
construction allocated by the California Transportation Commission
from the Transportation Planning and Development Account in the State
Transportation Fund. However, the funds allocated by the California
Transportation Commission shall not be available for deposit in the
trust fund specified in subdivision (c).
