Chapter 6Pasadena Metro Blue Line Construction Authority

Section § 132400

Explanation

This section defines key terms related to a specific public transport project in California. The "authority" is the body overseeing the Metro Gold Line Foothill Extension, originally called the Pasadena Metro Blue Line. The "board" refers to the authority's governing board, and the "commission" is the California Transportation Commission. "LACMTA" stands for the Los Angeles County Metropolitan Transportation Authority. The "project" is a light rail line extending from Los Angeles to Pasadena, with potential plans to extend east to Montclair. The "extension cities" include several cities where the rail extension will pass through, such as Arcadia, Monrovia, and Montclair.

For purposes of this chapter, the following terms have the following meanings:
(a)CA Public Utilities Code § 132400(a) The “authority” is the Metro Gold Line Foothill Extension Construction Authority created under this chapter, formerly known as the Pasadena Metro Blue Line Construction Authority.
(b)CA Public Utilities Code § 132400(b) The “board” is the governing board of the authority.
(c)CA Public Utilities Code § 132400(c) The “commission” is the California Transportation Commission.
(d)CA Public Utilities Code § 132400(d) The “LACMTA” is the Los Angeles County Metropolitan Transportation Authority.
(e)CA Public Utilities Code § 132400(e) The “project” is the Los Angeles-Pasadena Foothill Extension Gold Line light rail project, formerly known as the Los Angeles-Pasadena Metro Blue Line, 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 Montclair.
(f)CA Public Utilities Code § 132400(f) The “extension cities” are the Cities of Arcadia, Monrovia, Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont, and Montclair.
Metro Gold Line Foothill Extension Pasadena Metro Blue Line light rail project Union Station Sierra Madre Villa Boulevard Los Angeles-Pasadena mass transit guideway rail right-of-way transportation authority California Transportation Commission LACMTA extension cities Arcadia Monrovia Montclair
(Amended by Stats. 2012, Ch. 189, Sec. 1. (AB 1600) Effective January 1, 2013.)

Section § 132405

Explanation

This law establishes an authority responsible for giving out and managing all design and construction contracts to finish the project.

The authority is hereby created for the purpose of awarding and overseeing all design and construction contracts for completion of the project.
authority design contracts construction contracts project management contract oversight project completion award contracts manage contracts construction project design management project oversight construction authority contract administration
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)

Section § 132410

Explanation

This section outlines the powers and responsibilities of an authority involved in a major project. It grants the authority powers necessary for project activities such as planning, acquiring property, and entering into contracts. The authority can also accept funds, incur debt, and collaborate with public and private entities.

Duties of the authority include conducting financial studies and adopting an administrative code that ensures transparency and compliance with specific laws. This code must include a code of conduct for employees and board members, prohibiting acceptance of gifts from contractors and requiring disclosure of significant contributions.

The authority must adhere to ethical guidelines, ensuring decisions are not influenced by financial contributions. Officers receiving large contributions are restricted from influencing proceedings. Additionally, reasonable progress in project design and construction must be maintained according to set timelines.

(a)CA Public Utilities Code § 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)CA Public Utilities Code § 132410(a)(1) Acceptance of grants, fees, allocations, and transfers of funds from federal, state, and local agencies, as well as private entities.
(2)CA Public Utilities Code § 132410(a)(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)CA Public Utilities Code § 132410(a)(3) Incurring indebtedness, secured by pledges of revenue available for project completion.
(4)CA Public Utilities Code § 132410(a)(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)CA Public Utilities Code § 132410(a)(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)CA Public Utilities Code § 132410(a)(6) Relocation of utilities, as necessary for completion of the project.
(b)CA Public Utilities Code § 132410(b) The duties of the authority include, but are not limited to, all of the following:
(1)CA Public Utilities Code § 132410(b)(1) Conducting the financial studies and the planning and engineering necessary for completion of the project.
(2)Copy CA Public Utilities Code § 132410(b)(2)
(A)Copy CA Public Utilities Code § 132410(b)(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), the provisions of this chapter, laws generally applicable to local agency procurements and contracts, 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)Copy CA Public Utilities Code § 132410(b)(2)(A)(B)
(i)Copy CA Public Utilities Code § 132410(b)(2)(A)(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)CA Public Utilities Code § 132410(b)(2)(A)(B)(i)(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)CA Public Utilities Code § 132410(b)(2)(A)(B)(i)(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)CA Public Utilities Code § 132410(b)(2)(A)(B)(i)(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)CA Public Utilities Code § 132410(b)(2)(A)(B)(i)(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.
(vi)CA Public Utilities Code § 132410(b)(2)(A)(B)(i)(vi) Board members and alternate members shall not be considered financially interested, under or for the purposes of Section 1090 of the Government Code, solely by virtue of their holding office with the authority and, concurrently, holding office with an entity set forth in subdivision (a) of Section 132415, an extension city, or both such an entity and such a city, and they may participate in decisions and agreements regarding the authority, any of the entities set forth in subdivision (a) of Section 132415, and any of the extension cities. The participation described in this clause shall not constitute a conflict of interest under or for the purposes of Section 1090 of the Government Code, or an incompatible employment, activity, or enterprise under or for the purposes of Section 1126 of the Government Code.
(c)CA Public Utilities Code § 132410(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.
authority powers project planning property acquisition eminent domain contracting with entities financial studies administrative code Ralph M. Brown Act Political Reform Act code of conduct gift restrictions contribution disclosure ethical guidelines financial interest project timeline
(Amended by Stats. 2012, Ch. 189, Sec. 2. (AB 1600) Effective January 1, 2013.)

Section § 132415

Explanation

This law sets up a board to govern an authority with five voting members and four nonvoting members, selected by city councils and other local bodies in areas like Los Angeles, Pasadena, and South Pasadena. Board members serve up to four-year terms with no term limits, and alternate members can fill in when needed. Decisions require at least three members present to form a quorum. Board members elect a chair and vice-chair and can earn up to $150 per day, capped at $600 monthly, plus expenses. Members must follow the Political Reform Act of 1974 and may include city council members or other local officials, with no legal conflict in holding multiple roles.

(a)CA Public Utilities Code § 132415(a) The authority shall be governed by a board consisting of five voting members and four nonvoting members who shall be appointed as follows:
(1)CA Public Utilities Code § 132415(a)(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)CA Public Utilities Code § 132415(a)(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)CA Public Utilities Code § 132415(a)(3) One member shall be appointed by the LACMTA.
(4)CA Public Utilities Code § 132415(a)(4) One nonvoting member shall be appointed by the Governor.
(5)CA Public Utilities Code § 132415(a)(5) Two nonvoting members shall be appointed by the City Councils of the Cities of Pasadena and South Pasadena, with each city appointing one nonvoting member.
(6)CA Public Utilities Code § 132415(a)(6) One nonvoting member shall be appointed by the president of the board of directors of the San Bernardino Associated Governments, subject to confirmation by that board.
(b)CA Public Utilities Code § 132415(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)CA Public Utilities Code § 132415(c) Each appointing authority shall also appoint an alternate member to serve in a member’s absence. If the position of a voting member becomes vacant, the alternate member shall serve until the position is filled as required pursuant to subdivision (a).
(d)CA Public Utilities Code § 132415(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)CA Public Utilities Code § 132415(e) Three members of the board shall constitute a quorum.
(f)CA Public Utilities Code § 132415(f) The board shall elect a chairperson and vice chairperson from among the membership of the board.
(g)CA Public Utilities Code § 132415(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.
(h)CA Public Utilities Code § 132415(h) Members appointed to the board may include members of the entities set forth in subdivision (a), and members of the city councils or other elected officials of the extension cities, or both. The simultaneous membership described in this subdivision shall not constitute a violation of Section 1099 or 1126 of the Government Code.
board governance voting members nonvoting members City of Los Angeles City of Pasadena City of South Pasadena San Gabriel Valley Council of Governments LACMTA appointment board member compensation Political Reform Act 1974 quorum requirement alternate board members no term limit city councils appointment simultaneous membership roles
(Amended by Stats. 2012, Ch. 189, Sec. 3. (AB 1600) Effective January 1, 2013.)

Section § 132420

Explanation

This section of the Public Utilities Code authorizes the board to hire an executive director, who can be fired at any time. The executive director is not subject to regular state employee rules and will receive a salary determined by the board. They have the authority to hire staff and consultants as needed. Contracts they approve must follow state rules for local agency deals, focusing on price or competitive negotiation.

(a)CA Public Utilities Code § 132420(a) The board may appoint an executive director to serve at the pleasure of the authority.
(b)CA Public Utilities Code § 132420(b) The executive director is exempt from all civil service provisions and shall be paid a salary established by the board.
(c)CA Public Utilities Code § 132420(c) The executive director may appoint staff or retain consultants as necessary to carry out the duties of the authority.
(d)CA Public Utilities Code § 132420(d) All contracts approved and awarded by the executive director shall be awarded in accordance with state laws generally applicable to local agency procurements and contracts, subject to the provisions of this chapter. Awards shall be based on price or competitive negotiation, or on both of those things.
executive director board appointment salary establishment civil service exemption staff appointment consultant retention local agency procurements state laws compliance contract approvals competitive negotiation price-based awards
(Amended by Stats. 2012, Ch. 189, Sec. 4. (AB 1600) Effective January 1, 2013.)

Section § 132425

Explanation

This law requires the Los Angeles County Metropolitan Transportation Authority (LACMTA) to quickly make an agreement with another body to hold all property and assets used for a project in trust. This includes land, legal documents, contracts, and design plans that are essential for finishing the project.

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.
LACMTA Los Angeles County transportation project real property trust personal property trust project assets project planning project design project construction rights-of-way third-party agreements contracts design documents project completion asset management
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)

Section § 132430

Explanation

This law outlines the transfer of funds for a specific project from the Los Angeles County Metropolitan Transportation Authority (LACMTA) to another authority. First, the LACMTA must transfer any leftover local funds specified in a plan approved on May 13, 1998, to complete the project. Second, the state funds intended for this project, also noted in the May 13, 1998 plan, should be given to the authority in charge of completion. Lastly, any fund transfers must comply with a memorandum of understanding made on June 2, 1998, between the LACMTA and a commission.

(a)CA Public Utilities Code § 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)CA Public Utilities Code § 132430(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)CA Public Utilities Code § 132430(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.
LACMTA unencumbered funds project completion Restructuring Plan Board of Directors state fund allocations Memorandum of Understanding June 2 1998 agreement local funds transfer project authority fund transfer compliance May 13 1998 plan transportation project Los Angeles County state fund eligibility
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)

Section § 132435

Explanation

This law requires that an agreement, known as a memorandum of understanding, be made between an authority and the Los Angeles County Metropolitan Transportation Authority (LACMTA). This agreement must clearly allow LACMTA to review any major changes in how a project is designed or built, especially changes that impact how the project fits into the overall transit system. Major changes can include shifts in mode of transport or technology being used. However, if the project’s design and construction stay within the originally planned scope, it does not count as a significant change and LACMTA's approval is not needed.

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.
memorandum of understanding LACMTA significant change project scope design review construction changes mode of transport technology changes transit system project operation light rail connectivity substantive change
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)

Section § 132440

Explanation
The authority is not allowed to make promises or use expected future revenue from ticket sales as collateral or security for any obligations related to the project.
The authority shall not encumber any future farebox revenue anticipated from the operation of the project.
farebox revenue future revenue restriction encumber ticket sales project funding collateral prohibition revenue security public transit financial obligations fare revenue transportation authority revenue pledging project operation transit authority regulations revenue management
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)

Section § 132445

Explanation

This law prohibits the authority managing a project from creating any financial obligations that would pass to the Los Angeles County Metropolitan Transportation Authority (LACMTA) once the project's design and construction are complete. The project's design and construction are managed by the authority, except for the vehicles (rolling stock), which LACMTA will handle as part of operations. The rule doesn't apply to joint development programs that help finance the design and construction of the project.

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.
LACMTA financial obligations project design construction management rolling stock project operations joint development programs project financing administration responsibilities Los Angeles County Metropolitan Transportation Authority infrastructure projects
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)

Section § 132450

Explanation

This law states that the Los Angeles County Metropolitan Transportation Authority (LACMTA) will take over the operation of all finished parts of a specific transit project. They can also operate a section in San Bernardino County if the local board approves an agreement covering operations and maintenance costs. Before building in this area, a construction agreement must be established. LACMTA isn't required to invest additional funds beyond what was allocated by 2012. After the project is finished, the authority overseeing construction will be dissolved.

(a)Copy CA Public Utilities Code § 132450(a)
(1)Copy CA Public Utilities Code § 132450(a)(1) The LACMTA shall assume responsibility for operating all completed phases of the project.
(2)CA Public Utilities Code § 132450(a)(2) Subject to subparagraph (A), the LACMTA shall have the authority to operate the portion of the project located in the County of San Bernardino, which extends approximately one-half mile from the Los Angeles and San Bernardino County line to the Montclair Transit Center.
(A)CA Public Utilities Code § 132450(a)(2)(A) With respect to the portion of the project on the right-of-way owned by the San Bernardino Associated Governments, the LACMTA’s authority to operate the project shall be contingent upon the approval of the board of directors of the San Bernardino Associated Governments, acting as the county transportation commission, through approval of an operations and maintenance agreement with the LACMTA.
(B)CA Public Utilities Code § 132450(a)(2)(B) The operations and maintenance agreement shall provide that the San Bernardino Associated Governments reimburse the LACMTA for the costs of operating that portion of the line located in the County of San Bernardino.
(C)CA Public Utilities Code § 132450(a)(2)(C) Prior to the commencement of construction of the portion of the project in the County of San Bernardino, the authority shall enter into a construction agreement with the San Bernardino Associated Governments, acting as the county transportation commission.
(3)CA Public Utilities Code § 132450(a)(3) Nothing in this section shall be construed to require the LACMTA to allocate funds to the project beyond funds that have been allocated as of January 1, 2012.
(b)CA Public Utilities Code § 132450(b) The authority shall be dissolved when project construction has been completed.
LACMTA responsibilities Montclair Transit Center San Bernardino portion operations and maintenance agreement San Bernardino Associated Governments reimbursement for operating costs construction agreement authority dissolution project completion responsibilities fund allocation restrictions
(Amended by Stats. 2012, Ch. 189, Sec. 5. (AB 1600) Effective January 1, 2013.)