Section § 132600

Explanation

This section defines key terms for the chapter about the Exposition Metro Line Construction Authority. It explains that the "authority" refers to the Exposition Metro Line Construction Authority responsible for the project. The "board" is the governing body of this authority. The "commission" is the California Transportation Commission. The "LACMTA" stands for the Los Angeles County Metropolitan Transportation Authority. Lastly, the "project" is the development of a light rail line that runs from downtown Los Angeles to downtown Santa Monica.

For purposes of this chapter, the following terms have the following meanings:
(a)CA Public Utilities Code § 132600(a) The “authority” is the Exposition Metro Line Construction Authority created under this chapter.
(b)CA Public Utilities Code § 132600(b) The “board” is the governing board of the authority.
(c)CA Public Utilities Code § 132600(c) The “commission” is the California Transportation Commission.
(d)CA Public Utilities Code § 132600(d) The “LACMTA” is the Los Angeles County Metropolitan Transportation Authority.
(e)CA Public Utilities Code § 132600(e) The “project” is the Los Angeles-Exposition Metro Line light rail project extending from the Metro Rail Station at 7th Street and Flower Street in the City of Los Angeles to the downtown of the City of Santa Monica.

Section § 132605

Explanation

This law creates an authority responsible for giving out and managing contracts related to the final design and construction of a specific project.

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

Section § 132610

Explanation

This law gives an authority the power to manage a large-scale project from beginning to end, including planning, acquiring property, building, and working with other organizations. They can accept funds from different sources and acquire necessary property. They also have the power to incur debt and contract with other entities for project work. They're allowed to work with local governments or private companies to share costs or services.

The authority's duties involve conducting studies and creating codes of conduct. They need to ensure no conflicts of interest by prohibiting board members from accepting significant contributions from involved parties. They must create detailed plans and report to government authorities. Progress on the project is expected, and their responsibilities depend on federal and local funding.

(a)CA Public Utilities Code § 132610(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 § 132610(a)(1) Acceptance of grants, fees, allocations, and transfers of funds from federal, state, and local agencies, and private entities.
(2)CA Public Utilities Code § 132610(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, provided the authority shall use existing rights-of-way where feasible.
(3)CA Public Utilities Code § 132610(a)(3) Incurring indebtedness, secured by pledges of revenue available for project completion.
(4)CA Public Utilities Code § 132610(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 § 132610(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 to 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 § 132610(a)(6) Relocation of utilities, as necessary for completion of the project.
(b)CA Public Utilities Code § 132610(b) The duties of the authority include, but are not limited to, all of the following:
(1)CA Public Utilities Code § 132610(b)(1) Conducting financial and environmental studies, planning, and engineering necessary for completion of the project.
(2)Copy CA Public Utilities Code § 132610(b)(2)
(A)Copy CA Public Utilities Code § 132610(b)(2)(A) Adoption of an administrative code 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)Copy CA Public Utilities Code § 132610(b)(2)(A)(B)
(i)Copy CA Public Utilities Code § 132610(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 § 132610(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 § 132610(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 § 132610(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 § 132610(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 § 132610(b)(2)(A)(B)(i)(vi) Board members, alternate members, officers, consultants, and employees shall not be considered financially interested solely by virtue of their holding office or being employed by the authority as well as an appointing authority set forth in subdivision (a) of Section 132615, and they may participate in decisions and agreements regarding the authority and any of the appointing authorities set forth in subdivision (a) of Section 132615. The participation described in this clause shall not constitute a conflict of interest under Section 1090 of the Government Code and shall not constitute an incompatible activity under Section 1126 of the Government Code.
(3)CA Public Utilities Code § 132610(b)(3) As necessary for final design and construction, completion of a detailed management, implementation, safety, and financial plan for the project and submission of the plan to the Governor, the Legislature, and the commission.
(c)CA Public Utilities Code § 132610(c) The authority shall make reasonable progress, as determined by the commission, in the final design and construction of the project.
(d)CA Public Utilities Code § 132610(d) The duties and responsibilities imposed by this section shall be contingent upon allocation of federal and local funds by the LACMTA for these purposes.

Section § 132615

Explanation

This law section explains how a certain authority is governed by a board made up of seven voting members. These members are appointed by various local entities: two by the City Councils of Santa Monica and Culver City, two by the Los Angeles County Board of Supervisors, one by the LACMTA, and two by the City Council of Los Angeles. Members serve terms of up to four years but can be reappointed indefinitely. Alternates are also appointed to act in place of absent members. The board operates under the Political Reform Act and requires four members to meet for business. They choose a chairperson and vice chairperson from amongst themselves. Board members can be paid up to $150 per day for meetings, with a cap of $600 per month, plus expenses. The LACMTA's Chief Executive Officer is a nonvoting, ex officio member of the board. Individuals appointed may also be part of their respective appointing entities.

(a)CA Public Utilities Code § 132615(a) The authority shall be governed by a board consisting of seven voting members who shall be appointed as follows:
(1)CA Public Utilities Code § 132615(a)(1)  Two members shall be appointed by the City Councils of the Cities of Santa Monica and Culver City with each city council appointing one member by a majority vote of the membership of that city council.
(2)CA Public Utilities Code § 132615(a)(2)  Two members shall be appointed by the Los Angeles County Board of Supervisors.
(3)CA Public Utilities Code § 132615(a)(3) One member shall be appointed by the LACMTA.
(4)CA Public Utilities Code § 132615(a)(4) Two members shall be appointed by the City Council of the City of Los Angeles by a majority vote of its membership.
(b)CA Public Utilities Code § 132615(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 § 132615(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 § 132615(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 § 132615(e)  Four members of the board shall constitute a quorum.
(f)CA Public Utilities Code § 132615(f) The board shall elect a chairperson and vice chairperson from among the membership of the board.
(g)CA Public Utilities Code § 132615(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 § 132615(h) The Chief Executive Officer of the LACMTA shall serve on the board as an ex officio, nonvoting member.
(i)CA Public Utilities Code § 132615(i) Members appointed to the board may include members or employees of the appointing authorities set forth in subdivision (a).

Section § 132620

Explanation

This law gives the board the power to appoint an executive director who serves at the board's discretion. The executive director is not part of the usual civil service system and will be paid a salary decided by the board.

The executive director has the authority to hire staff or bring in consultants to help with the duties of the authority.

Any contracts the executive director approves must follow state and federal procurement laws, focusing on either price, competitive negotiation, or both.

(a)CA Public Utilities Code § 132620(a) The board may appoint an executive director to serve at the pleasure of the authority.
(b)CA Public Utilities Code § 132620(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 § 132620(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 § 132620(d) All contracts approved and awarded by the executive director shall be awarded in accordance with state and federal laws relating to procurement. Awards shall be based on price or competitive negotiation, or on both of those things.

Section § 132625

Explanation

This law requires the Los Angeles County Metropolitan Transportation Authority (LACMTA) to quickly make agreements with an authority to manage assets and coordinate on a project. They must hold property and assets related to the project in trust unless otherwise agreed. The agreements should cover project design review and construction to ensure it's compatible with LACMTA's system. It should also outline funding sources and responsibilities for obtaining federal, state, and local funding, as well as describe all financial elements and budget details for the project.

The LACMTA shall identify and expeditiously enter into an agreement or agreements with the authority to do all of the following:
(a)CA Public Utilities Code § 132625(a) 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, unless otherwise agreed upon by the LACMTA and the authority.
(b)CA Public Utilities Code § 132625(b) Outline the design review, construction, and testing process that acknowledges LACMTA’s direct role in the review of the project to ensure the final project will be compatible, functionally connected, and operative within LACMTA’s existing metro rail system.
(c)CA Public Utilities Code § 132625(c) Describe the various funding sources and the obligations of the authority to assist LACMTA obtain federal, state, and local funds for the project, and the authority’s obligations and duties upon receipt of the funds necessary to construct the project.
(d)CA Public Utilities Code § 132625(d) Describe all financial elements of the project, and the budget approved for the project.

Section § 132635

Explanation

This law requires that a formal agreement, called a memorandum of understanding, must be made between the authority and the Los Angeles County Metropolitan Transportation Authority (LACMTA). This agreement should allow LACMTA to review major changes to the design or construction of a transit project. Significant changes mean altering the mode of transport or technology, or any other change that affects the project's integration with LACMTA's overall transit system. However, building a light rail project as originally planned does not count as a significant change and doesn't need LACMTA's approval.

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.

Section § 132640

Explanation

This law states that the authority in charge of the project cannot use any expected future earnings from ticket sales (farebox revenue) as collateral or security for any debts or obligations.

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

Section § 132645

Explanation

The law states that during the design and construction phase of a project, the authority in charge cannot create obligations that will be passed on to the Los Angeles County Metropolitan Transportation Authority (LACMTA) when the project is completed. Specifically, things like trains (rolling stock) and fare collection systems are not part of what will be designed or built by the authority; instead, these are handled by the LACMTA.

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 and fare collection equipment, which is a component of the operation of the project and shall be provided and administered by the LACMTA.

Section § 132650

Explanation

This section states that once the construction of the light rail project is finished, the authority responsible for its construction will be dissolved. After that, the Los Angeles County Metropolitan Transportation Authority (LACMTA) will take over the operation of the project or any of its completed parts.

The authority shall be dissolved upon completion of construction of the light rail project. The LACMTA shall assume responsibility for operating the project upon completion of the project or any of its phases.