SECTIONS 132400-132450 - California Statutes

PUBLIC UTILITIES CODE

SECTION 132400-132450

132400. For purposes of this chapter, the following terms have the
following meanings:
(a) The "authority" is the Pasadena Metro Blue Line Construction
Authority created under this chapter.
(b) The "board" is the governing board of the authority.
(c) The "commission" is the California Transportation Commission.
(d) The "LACMTA" is the Los Angeles County Metropolitan
Transportation Authority.
(e) The "project" is the Los Angeles-Pasadena Metro Blue Line
light rail project extending from Union Station in the City of Los
Angeles to Sierra Madre Villa Boulevard in the City of Pasadena and
any mass transit guideway that may be planned east of Sierra Madre
Villa Boulevard along the rail right-of-way extending to the City of
Claremont.

132405. The authority is hereby created for the purpose of awarding
and overseeing all design and construction contracts for completion
of the project.

132410. (a) The authority has all of the powers necessary for
planning, acquiring, leasing, developing, jointly developing, owning,
controlling, using, jointly using, disposing of, designing,
procuring, and building the project, including, but not limited to,
all of the following:
(1) Acceptance of grants, fees, and allocations from the state,
local agencies, and private entities.
(2) Acquiring, through purchase or through eminent domain
proceedings, any property necessary for, incidental to, or convenient
for, the exercise of the powers of the authority.
(3) Incurring indebtedness, secured by pledges of revenue
available for project completion.
(4) Contracting with public and private entities for the planning,
design, and construction of the project. These contracts may be
assigned separately or may be combined to include any or all tasks
necessary for completion of the project.
(5) Entering into cooperative or joint development agreements with
local governments or private entities. These agreements may be
entered into for the purpose of sharing costs, selling or leasing
land, air, or development rights, providing for the transferring of
passengers, making pooling arrangements, or for any other purpose
that is necessary for, incidental to, or convenient for the full
exercise of the powers granted the authority. For purposes of this
paragraph, "joint development" includes, but is not limited to, an
agreement with any person, firm, corporation, association, or
organization for the operation of facilities or development of
projects adjacent to, or physically or functionally related to, the
project.
(6) Relocation of utilities, as necessary for completion of the
project.
(b) The duties of the authority include, but are not limited to,
all of the following:
(1) Conducting the financial studies and the planning and
engineering necessary for completion of the project.
(2) (A) Adoption of an administrative code, not later than 60 days
after establishment of the authority, for administration of the
authority in accordance with any applicable laws, including, but not
limited to, the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code), contracting and procurement laws, laws relating to contracting
goals for minority and women business participation, and the
Political Reform Act of 1974 (Title 9 (commencing with Section 81000)
of the Government Code).
(B) (i) The administrative code adopted under subparagraph (A)
shall include a code of conduct for employees and board members that
is consistent with Sections 84308 and 87103 of the Government Code
and prohibits board members and staff from accepting gifts valued at
ten dollars ($10) or more from contractors, potential contractors, or
their subcontractors.
(ii) The code shall require the disclosure, on the record, of the
proceedings by the officer of the agency who receives a contribution
within the preceding 24 months in an amount of more than two hundred
fifty dollars ($250) from a party or participant to a proceeding, and
the disclosure by the party or participant.
(iii) The code shall provide that no officer of the agency shall
make, participate in making, or in any way attempt to use his or her
official position to influence the decision in a proceeding, as
described in Section 84308 of the Government Code, if the officer has
willfully or knowingly received a contribution in the amount of more
than two hundred fifty dollars ($250) within the preceding 24 months
from a party or his or her agent, or from any participant or his or
her agent if the participant has a financial interest in the
decision.
(iv) Any officer deemed ineligible to participate in a proceeding
due to the provisions of this code of conduct may be replaced for the
purposes of that proceeding by an appointee chosen by the
appropriate appointing authority.
(v) Under the code of conduct, board members shall be deemed to
have a financial interest in a decision within the meaning of Section
87100 of the Government Code if the decision involves the donor of,
or intermediary or agent for a donor of, a gift or gifts aggregating
ten dollars ($10) or more in value within the 12 months prior to the
time the decision was made.
(c) The authority shall make reasonable progress, as determined by
the commission, in the design and construction of the project within
the timetable imposed under the 1998 State Transportation
Improvement Program.

132415. (a) The authority shall be governed by a board consisting
of five voting members and one nonvoting member who shall be
appointed as follows:
(1) Three members shall be appointed by the City Councils of the
Cities of Los Angeles, Pasadena, and South Pasadena, with each city
council appointing one member by a majority vote of the membership of
that city council.
(2) One member shall be appointed by the President of the
Governing Board of the San Gabriel Valley Council of Governments,
subject to confirmation by that board.
(3) One member shall be appointed by the LACMTA.
(4) The nonvoting member shall be appointed by the Governor.
(b) All members shall serve a term of not more than four years,
with no limit on the number of terms that may be served by any
person.
(c) If the position of a voting member becomes vacant, an
alternate voting member may be appointed by a majority vote of the
board to serve until the position is filled as required under
subdivision (a).
(d) Members of the board are subject to the Political Reform Act
of 1974 (Title 9 (commencing with Section 81000) of the Government
Code).
(e) Three members of the board shall constitute a quorum.
(f) The board shall elect a chairperson and vice chairperson from
among the membership of the board.
(g) Each member of the board may be compensated at a rate of not
more than one hundred fifty dollars ($150) per day spent attending to
the business of the authority. Compensation, if paid, shall not
exceed six hundred dollars ($600) per month, plus expenses directly
related to the performance of duties imposed by the authority,
including, but not limited to, travel and personal expenses.

132420. (a) The board may appoint an executive director to serve at
the pleasure of the authority.
(b) The executive director is exempt from all civil service
provisions and shall be paid a salary established by the board.
(c) The executive director may appoint staff or retain consultants
as necessary to carry out the duties of the authority.
(d) All contracts approved and awarded by the executive director
shall be awarded in accordance with state law relating to
procurement. Awards shall be based on price or competitive
negotiation, or on both of those things.

132425. The LACMTA shall identify and expeditiously enter into an
agreement with the authority to hold in trust with the authority all
real and personal property, and any other assets accumulated in the
planning, design, and construction of the project, including, but not
limited to, rights-of-way, documents, third-party agreements,
contracts, and design documents, as necessary for completion of the
project.

132430. (a) The LACMTA shall transfer the unencumbered balance of
all local funds programmed for completion of the project and that
have been identified in the Restructuring Plan adopted by the LACMTA
Board of Directors on May 13, 1998, to the authority for completion
of the project.
(b) The authority is eligible to receive allocations of state
funds for the project. The unencumbered balance of funds currently
programmed or allocated to the LACMTA for completion of the project
and that have been identified in the Restructuring Plan adopted by
the LACMTA Board of Directors on May 13, 1998, shall be allocated to
the authority for completion of the project.
(c) Any transfer of funds by the LACMTA under this section shall
be subject to the terms of the memorandum of understanding entered
into between the LACMTA and the commission on June 2, 1998.

132435. The authority shall enter into a memorandum of
understanding with the LACMTA that shall specifically address the
ability of the LACMTA to review any significant changes in the scope
of the design or construction, or both design and construction, of
the project. For purposes of this section, the term "significant
change" means any change of mode or technology, or any other
substantive change that affects the connectivity and operation of the
project as part of the overall transit system operated by the
LACMTA, or any combination of those things. Design and construction
of a light rail project that is consistent with the current scope of
the project shall not be deemed to be a significant change in the
scope of the project and shall not require concurrence by the LACMTA.

132440. The authority shall not encumber any future farebox revenue
anticipated from the operation of the project.

132445. The authority shall not encumber the project with any
obligation that is transferable to the LACMTA upon completion of the
design and construction of the project. The design and construction
to be administered by the authority does not include rolling stock,
which is a component of the operation of the project and shall be
administered by the LACMTA. This section does not apply to any joint
development programs, as authorized under paragraph (5) of
subdivision (a) of Section 132410, that may be utilized to contribute
to the financing of project design and construction.

132450. The authority shall be dissolved upon completion of
construction of the light rail project. The LACMTA shall assume
responsibility for operating the project upon dissolution of the
authority.