SECTIONS 120100-120109 - California Statutes

PUBLIC UTILITIES CODE

SECTION 120100-120109

120100. The board at its first meeting, and thereafter annually at
the first meeting in January, shall elect a vice chair who shall
preside in the absence of the chair. In the event of the absence or
inability to act by the chair or vice chair, the chair pro tempore
shall preside.

120101. The board shall establish rules for its proceedings.

120102.5. (a) A majority of the members of the board constitutes a
quorum for the transaction of business. All official acts of the
board require the affirmative vote of the majority of the members of
the board. However, after a vote of the members is taken, a weighted
vote may be called by any two members, at least one of whom is not a
City of San Diego representative.
(b) In the case of a weighted vote, each of the four
representatives of the City of San Diego shall exercise 12 1/2
weighted votes, for a total of 50 votes. The County of San Diego and
each city, other than the City of San Diego, shall, in total,
exercise 49 weighted votes to be apportioned annually by population.
The chairperson, if not chosen from the membership of the board,
shall exercise one weighted vote.
(c) Approval under the weighted vote procedure requires the vote
of the representatives of not less than three jurisdictions
representing not less than 51 percent of the total weighted vote to
supersede the original action of the board.
(d) The weighted vote procedure shall not be used on any matter of
purely intracity local service, unless it is the desire of the
affected city or jurisdiction.
(e) The weighted vote procedure shall not be used for purposes of
subdivision (c) of Section 120265.
(f) For purposes of subdivision (c), the population of the County
of San Diego is the population in the unincorporated area of the
county within the area of jurisdiction of the transit development
board.
(g) The board shall adopt a policy and procedure to implement this
section.

120103. The acts of the board shall be expressed by motion,
resolution, or ordinance.

120104. All meetings of the board shall be conducted in the manner
prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950), Part 1, Division 2, Title 5 of the Government Code).

120105. The board shall perform the following duties:
(a) Determine whether to operate exclusive public mass transit
guideways or to let contracts for their operation in conformity with
state labor laws and subdivision (d) of Section 120508.
(b) Determine the means to finance the operation of public mass
transit guideways.
(c) Adopt an annual budget and fix the compensation of its
officers and employees.
(d) Adopt an administrative code, by ordinance, that shall
prescribe the powers and duties of board officers, the method of
appointment of board employees, and methods, procedures, and systems
of operation and management of the board. The administrative code
shall also provide for, among other things, the appointment of a
general manager or chief executive officer, and the organization of
the employees of the board into units for finance and administration,
planning and operations, property acquisition and management, and
community relations, and other units as the board deems necessary.
(e) Cause a postaudit of the financial transactions and records of
the board to be made at least annually by a certified public
accountant.
(f) Adopt all ordinances and make all rules and regulations proper
or necessary to regulate the use, operation, and maintenance of its
property and facilities, including its public transit systems and
related transportation facilities and services operating within its
area of jurisdiction, and to carry into effect the powers granted to
the board.
(g) Appoint such advisory commissions as it deems necessary.
(h) Do any and all things necessary to carry out the purposes of
this division.

120105.5. The board shall appoint a general manager or chief
executive officer with experience in the management, planning, and
development of urban mass transportation systems.

120106. Notice of time and place of the public hearing for the
adoption of the annual budget shall be published pursuant to Section
6061 of the Government Code, and shall be published not later than
the 15th day prior to the date of the hearing.
The proposed annual budget shall be available for public
inspection at least 15 days prior to the hearing.

120107. (a) Each member of the board, including alternate members
appointed pursuant to Section 120051.6 when serving in the absence of
a regular member, shall be compensated for each day the member
attends meetings of the board and committees of the board, not to
exceed six committee meetings in any one quarter, and for his or her
necessary and reasonable expenses in performing his or her duties as
a board member.
(b) In addition, the board may, by resolution, authorize and
designate members and alternates to be compensated for representing
the board by attendance at specified meetings of other governmental
entities and public agencies.
(c) The board shall, by ordinance, after a public hearing, fix the
amounts of compensation payable pursuant to subdivisions (a) and
(b).

120108. The board shall maintain accounting records and shall
report accounting transactions in accordance with generally accepted
accounting principles as adopted by the Government Accounting
Standards Board (GASB) of the Financial Accounting Foundation for
both public reporting purposes and for reporting of activities to the
Controller. The activities of any nonprofit corporation or other
legal entity wholly owned or controlled by the board and operating a
public transit system shall be reported separately in the board's
annual report to the Controller.

120109. (a) The clerk of the board shall cause a proposed ordinance
or proposed amendment to an ordinance, and any ordinance adopted by
the board, to be published at least once, in a newspaper of general
circulation published and circulated in the board's area of
jurisdiction.
(b) The publication of an ordinance, as required by subdivision
(a), may be satisfied by either of the following actions:
(1) The board may publish a summary of a proposed ordinance or
proposed amendment to an ordinance. The summary shall be prepared by
a person designated by the board. The summary shall be published and
a certified copy of the full text of the proposed ordinance or
proposed amendment shall be posted in the office of the clerk of the
board at least five days prior to the board meeting at which the
proposed ordinance or amendment is to be adopted. Within 15 days
after adoption of the ordinance or amendment, the board shall publish
a summary of the ordinance or amendment with the names of those
board members voting for and against the ordinance or amendment and
the clerk shall post in the office of the clerk a certified copy of
the full text of the adopted ordinance or amendment along with the
names of those board members voting for and against the ordinance or
amendment.
(2) If the person designated by the board determines that it is
not feasible to prepare a fair and adequate summary of the proposed
ordinance or amendment, and if the board so orders, a display
advertisement of at least one-quarter of a page in a newspaper of
general circulation in the board's area of jurisdiction shall be
published at least five days prior to the board meeting at which the
proposed ordinance or amendment is to be adopted. Within 15 days
after adoption of the ordinance or amendment, a display advertisement
of at least one-quarter of a page shall be published. The
advertisement shall indicate the general nature of, and provide
information regarding, the adopted ordinance or amendment, including
information sufficient to enable the public to obtain copies of the
complete text of the ordinance or amendment, and the names of those
board members voting for and against the ordinance or amendment.