SECTIONS 102100.1-102107 - California Statutes

PUBLIC UTILITIES CODE

SECTION 102100.1-102107

102100.1. (a) Except as otherwise provided, the government of the
district shall be vested in a board of directors. The number of
members on the board shall be not less than the number of voting
entities.
(b) Each appointee to the board shall serve a four-year term,
unless earlier removed.

102100.2. The first board of directors shall consist of seven
members appointed within 30 days after the district is formed as
provided in Section 102052. Four members of the first board of
directors shall be appointed by the City Council of the City of
Sacramento. Three members of the first board of directors shall be
appointed by the Board of Supervisors of the County of Sacramento,
unless, prior to the 30th day after the district is formed, the Board
of Supervisors of Yolo County has adopted a resolution declaring
there is a need for the district to operate, in which case, two
members of the first board of directors shall be appointed by the
Board of Supervisors of the County of Sacramento and one member of
the first board of directors shall be appointed by the Board of
Supervisors of Yolo County.

102100.3. The number of members of the board of directors shall be
increased as follows:
(a) Each member entity shall be entitled to make one appointment
to the board.
(b) A city or county that is not annexed to the district may
become a participating entity that is entitled to make at least one
appointment to the board if the participating entity enters into an
agreement with the district that provides for all of the following:
(1) The participating entity agrees to pay its proportionate share
of the district's cost to provide rail or other districtwide transit
services.
(2) The district agrees to maintain a specified level of rail or
other districtwide transit services.
(3) The district is not obligated to provide transit services to
any particular location or along any particular route.
(c) A voting entity shall be entitled to make an additional
appointment to the board under the circumstances set forth in
paragraph (6) of subdivision (d) of Section 102105.1.

102100.4. The appointing authority of a participating entity under
subdivisions (b) and (c) of Section 102100.3, and the term of its
appointee to the board, shall terminate upon termination or
cancellation of the agreement provided for in subdivision (b) of
Section 102100.3, and that agreement shall automatically terminate
upon the effective date of the entity's annexation to the district
pursuant to Section 102051 or 102055.

102100.5. After initial formation of the district, each voting
entity shall have the right to appoint fewer members than it is
entitled to appoint under Sections 102100.2 and 102100.3, provided
that each voting entity shall appoint at least one member. Each
voting entity shall determine, effective July 1 of each year, how
many members it will appoint for the upcoming fiscal year. The
legislative body of each voting entity shall provide written
notification to the secretary of the board not more than 60 days and
not less than 15 days prior to July 1 of the number of appointments
it will make for the upcoming fiscal year beginning July 1. Unless
and until that notification is provided, the number of appointments
made during the prior year shall govern.

102100.6. An action by the board shall not be void or voidable
under either of the following circumstances:
(a) If it is determined, subsequent to an action in which a member
representing a participating entity casts a vote, that the agreement
for that participating entity did not comply with subdivision (b) of
Section 102100.3.
(b) Because of any mathematical or clerical error in the
information used to calculate, or because of the calculation of, the
apportionment referred to in paragraph (5), (8), or (9) of
subdivision (d) of Section 102105.1.

102100.7. The appointments to the board may be changed in the
following manner:
Not more often than every two years, the voting entities may, by
agreement, apportion the appointments to the board among them in the
approximate ratio that the district provides transit service, as
determined by the gross cost of the service without regard to income
or revenues of the district, within their respective boundaries.

102100.8. Execution of the agreement provided in subdivision (b) of
Section 102100.3 by the district and the City of Elk Grove shall be
a complete defense in any action or proceeding of any kind to enforce
or compel compliance with Resolution Number 99-1044 adopted by the
Sacramento County Board of Supervisors or Resolution Numbers LAFC
1205, LAFC 1206, LAFC 1207, or LAFC 1208, adopted by the Sacramento
Local Agency Formation Commission, to the extent the enforcement
action is related to the enforcement of the Mitigation Monitoring
Reporting Program Mitigation Measure Number 2 pertaining to the
district.

102100.9. For purposes of paragraph (1) of subdivision (b) of
Section 102100.3, the City of Elk Grove's proportionate share shall
be determined in the manner provided in Section 4B(2) of the First
Amendment to Interim Agreement for Elk Grove Bus Service, dated March
17, 2004, between the district and the City of Elk Grove.

102100.10. Each voting entity appointing members to the board in
accordance with Section 102100.2 or 102100.3 may also select, in the
same manner as the primary member or members, one or more alternates,
as the case may be, to serve on the board when the primary member or
members are not available. Each alternate shall be appointed to
serve for a specific member. The alternate shall be subject to the
same restrictions and shall have the same powers, when serving on the
board, as the primary member, including assumption of the seniority
of the primary member for purposes of paragraph (7) of subdivision
(d) of Section 102105.1. The legislative body of any voting entity
appointing an alternate shall provide written notification to the
secretary of the board of each appointment of an alternate in order
for the appointment to be effective.

102101. A member of a city council or board of supervisors may
serve as a member of the board of directors.

102102. In order to provide orderly transition from the Sacramento
Transit Authority (herein referred to as the "authority") to the
district, it may be desirable for a member or members of the
authority to serve as a member or members of the board, and nothing
in this part shall prevent each one of the appointing bodies from
each appointing a member or members of the authority as a member or
members of the board if the appointing body involved, in its
discretion, wishes to do so.

102103. Within 10 days after the adoption of a resolution or
resolutions appointing a majority of the first board, the City Clerk
of the City of Sacramento shall call the first meeting of the board
at an appropriate time within 20 days after such notice at a place in
the City of Sacramento to be designated in such notice.

102104. The board at its first meeting, and thereafter annually at
the first meeting in January, shall elect a chairman who shall
preside at all meetings. In the event of his absence or inability to
act, the members present, by an order entered in the minutes, shall
select one of their members to act as chairman pro tem, who, while so
acting, shall have all of the authority of the chairman.

102105. The board shall establish rules for its proceedings. The
acts of the board shall be expressed by motion, resolution, or
ordinance. All meetings of the board shall be conducted in the manner
prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code).

102105.1. In acting on any item, the following weighted voting
procedure shall be applied:
(a) There shall be a total of 100 votes.
(b) The presence of members eligible to cast a majority of the 100
votes shall constitute a quorum for the transaction of business.
(c) Except as otherwise provided in this section, and
notwithstanding any other provision of law, all official acts of the
board shall require the affirmative vote of members casting a
majority of the 100 votes. Any statute, including this part, that
requires a vote of the board shall be interpreted to require a tally
of the votes, rather than a tally of the members of the board. A
statute requiring the affirmative vote of the majority or a greater
number of members of the board, including, but not limited to,
Section 1245.240 of the Code of Civil Procedure, shall be interpreted
as requiring a tally of the votes cast by members, rather than a
tally of members.
(d) Each board member shall have the number of votes determined by
the following formula; however, each voting entity represented on
the board shall have at least one vote, and providing that there
shall be no fractional votes:
(1) Each member entity is entitled to five votes as a membership
incentive; however, the total number of incentive votes shall not
exceed 30. If the number of member entities exceeds six, the 30
incentive votes shall be divided equally among the member entities.
(2) The remaining votes shall be divided among all voting entities
in proportion to each entity's financial contribution to the
district. The calculation of each voting entity's financial
contribution shall include all of the following:
(A) Funds allocated to the district pursuant to the
Mills-Alquist-Deddeh Act, also known as the Transportation
Development Act (Chapter 4 (commencing with Section 99200) of Part 11
of Division 10), or any successor thereto, as computed by the
applicable transportation planning agency for the voting entity.
(B) Funds provided to the district by the voting entity pursuant
to an agreement of the type described in subdivision (b) of Section
102100.3.
(C) Other local funds made available to the district by the voting
entity for the operation of public transit service.
(D) The federal formula grant funds attributable to the voting
entity shall be determined by multiplying the amount described in
paragraph (8) of subdivision (b) of Section 102205 by the voting
entity's proportionate share of the total population of all voting
entities, which shall be determined by using the population
statistics described in paragraph (10) of subdivision (b) of Section
102205.
(E) Any adjustment expressly provided for in an agreement entered
into between the district and any voting entity whereby the district
receives or disburses any of the funds described in subparagraphs (A)
to (D), inclusive, including, but not limited to, fund exchange or
fund swap agreements.
(3) The total number of votes for each voting entity shall be the
sum of the votes allocated in paragraphs (1) and (2).
(4) If the division set forth in paragraphs (1) to (3), inclusive,
results in fractional votes, the number of votes allocated shall be
rounded in the following manner:
(A) Each fractional vote that is 0.6 or greater shall be rounded
up to the nearest whole number, and each fractional vote that is less
than 0.6 shall be rounded down to the nearest whole number.
(B) If the sum total of the votes so rounded is greater than 100,
the excess vote or votes shall be taken one each from the voting
entity or entities with the greatest number of total votes, in
descending order of the number of votes, until the sum total is 100.
If two or more voting entities have the same number of votes, the
vote reduction among those entities shall be done by lot.
(C) If the sum total of the votes so rounded is less than 100, one
vote shall be added to the total of the voting entity or entities
with the greatest number of total votes, in descending order of the
number of votes, until the sum total is 100. If two or more voting
entities have the same number of votes, the extra votes shall be
allocated by lot among those entities.
(5) The determination of financial contribution and the
apportionment of votes shall be approved by the board at the board
meeting at which the budget is adopted. The new voting apportionment
shall be effective on July 1 of each year or as soon thereafter as
the budget is adopted.
(6) At the time the apportionment is approved, the following
calculation shall be done for each voting entity: the total number of
votes allocated to the voting entity shall be divided by the total
number of appointments the voting entity is entitled to make under
Sections 102100.2 and 102100.3, regardless of whether those
appointments have been made. If the result is greater than 15 votes
per appointment, the voting entity shall be entitled to appoint an
additional member to the board, effective July 1. Notwithstanding
Section 102100.5, the legislative body of the voting entity making
its appointment under this provision shall give written notification
to the secretary of the board within 30 days of approval of the
allocation. A member so appointed shall be subject to the same
restrictions and shall have the same powers, when serving on the
board, as any other member.
(7) For any voting entity that has appointed more than one member
to the board, the total votes allocated to that voting entity shall
be divided equally among the board members or alternates representing
that entity who are present and voting. Where an equal division
would result in fractional votes, the votes shall be divided to the
nearest whole number among all members representing the voting entity
who are present and voting, with the remaining votes being
allocated, one vote each, to the members representing the voting
entity in order of seniority, as measured by years of consecutive
service on the board. If two or more members have served for the same
length of time, the extra vote or votes shall be allocated between
those members by lot.
(8) If a city or county becomes a voting entity or ceases to be a
voting entity after the annual allocation called for in this
subdivision has taken place, the board shall approve a new
allocation, applying the financial contribution data used for the
most recent allocation and considering what the new voting entity
would have contributed, had it been part of the district when the
preceding allocation took place. If necessary, the financial
contribution of a newly incorporated entity may be estimated using
population figures from the applicable local agency formation
commission.
(9) If, during the course of the fiscal year, the financial data
used to calculate the financial contribution of any voting entity
differs by more than 10 percent from the amount that will actually be
provided during the fiscal year by that entity, the board may call
for a new allocation to be conducted and any allocation so called for
shall be approved by the board. The allocation shall proceed in the
manner described in paragraphs (1) to (4), inclusive, but the
calculation in paragraph (2) shall be done with reference to the
financial contribution actually provided to the district during the
fiscal year (except as otherwise provided in paragraph (8)), to the
extent that contribution is known.

102106. Each member of the board shall receive the sum of one
hundred dollars ($100) for each attendance at up to four noticed
meetings of the board per month, and shall be allowed actual
necessary traveling expenses incurred in the discharge of the member'
s duties.

102107. (a) No ordinance shall be passed by the board on the day of
its introduction, nor within three days thereafter, nor at any time
other than at a regular or adjourned regular meeting. The enacting
clause of all ordinances shall be as follows:
"The board of directors of the Sacramento Regional Transit
District do ordain as follows:"
(b) All ordinances shall be signed by the chairman of the board or
the chairman pro tempore and attested by the secretary. Before the
expiration of 15 days after the passage of an ordinance, it shall be
published once in a newspaper of general circulation in the district.
An order entered in the minutes of the board that the ordinance has
been duly published is prima facie proof of such publication.