CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2682Introduced by Assembly Member KalraFebruary 14, 2024 An act to amend Sections 35152 and 35159 of, and to add Section 35175 to, the Public Resources Code, relating to the Santa Clara Valley Open-Space Authority. LEGISLATIVE COUNSEL'S DIGESTAB 2682, as introduced, Kalra. Santa Clara Valley Open-Space Authority. (1) Existing law creates the Santa Clara Valley Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, use, enjoy, and lease or dispose of real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. Existing law requires the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.This bill would instead require the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.(2) Existing law authorizes the governing board of the authority to contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement. Existing law requires a contract for any supplies, equipment, or materials that exceeds $25,000 to be contracted for and let to the lowest responsible bidder. Existing law requires a contract of $75,000 or less to be let by informal bidding procedures, but requires a contract of more than $75,000 to be let by formal bidding procedures.This bill would increase the amount by which a contract for any supplies, equipment, or materials may be contracted for and let to the lowest responsible bidder to $50,000. The bill would increase the amount by which a contract to be let by informal bidding procedures to $100,000 or less, and would increase the amount by which a contract to be let by formal bidding procedures to more than $100,000. The bill would authorize the governing board to appoint a general manager to be the authoritys chief administrative officer. The bill would authorize the governing board to authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding $50,000. The bill would require all expenditures related to contracts approved by the general manager to be reported to the governing board at its next regular meeting.(3) Existing law authorizes the authority, for its purposes, to impose special taxes, as specified, levy assessments, as provided, and incur indebtedness to finance capital improvements, as specified.This bill would authorize the authority to finance facilities and issue bonds for its purposes pursuant to the Mello-Roos Community Facilities Act of 1982.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 35152 of the Public Resources Code is amended to read:35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.SEC. 2. Section 35159 of the Public Resources Code is amended to read:35159. (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement.(b) (1) Notwithstanding any other laws, law, a contract for any supplies, equipment, or materials, that exceeds twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. If two or more bids are the same and the lowest, the governing board may accept the one it chooses. A contract of seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract of more than seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) shall be let by formal bidding procedures. The governing board may appoint a general manager to be the chief administrative officer of the authority. The governing board may authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts approved by the general manager shall be reported to the governing board at its next regular meeting.(2) (A) This subdivision shall not apply to contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, if the governing board awards the contract to the most responsible and qualified bidder.(B) For purposes of this subdivision, most responsible and qualified bidder means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C).(C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following:(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.(ii) Experience and qualifications of personnel employed by the bidder.(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.(iv) Best overall financial return to the governing board on the contract.(v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required.(c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.(f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.For the purpose(2) For purposes of this subdivision, emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage.SEC. 3. Section 35175 is added to the Public Resources Code, to read:35175. The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2682Introduced by Assembly Member KalraFebruary 14, 2024 An act to amend Sections 35152 and 35159 of, and to add Section 35175 to, the Public Resources Code, relating to the Santa Clara Valley Open-Space Authority. LEGISLATIVE COUNSEL'S DIGESTAB 2682, as introduced, Kalra. Santa Clara Valley Open-Space Authority. (1) Existing law creates the Santa Clara Valley Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, use, enjoy, and lease or dispose of real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. Existing law requires the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.This bill would instead require the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.(2) Existing law authorizes the governing board of the authority to contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement. Existing law requires a contract for any supplies, equipment, or materials that exceeds $25,000 to be contracted for and let to the lowest responsible bidder. Existing law requires a contract of $75,000 or less to be let by informal bidding procedures, but requires a contract of more than $75,000 to be let by formal bidding procedures.This bill would increase the amount by which a contract for any supplies, equipment, or materials may be contracted for and let to the lowest responsible bidder to $50,000. The bill would increase the amount by which a contract to be let by informal bidding procedures to $100,000 or less, and would increase the amount by which a contract to be let by formal bidding procedures to more than $100,000. The bill would authorize the governing board to appoint a general manager to be the authoritys chief administrative officer. The bill would authorize the governing board to authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding $50,000. The bill would require all expenditures related to contracts approved by the general manager to be reported to the governing board at its next regular meeting.(3) Existing law authorizes the authority, for its purposes, to impose special taxes, as specified, levy assessments, as provided, and incur indebtedness to finance capital improvements, as specified.This bill would authorize the authority to finance facilities and issue bonds for its purposes pursuant to the Mello-Roos Community Facilities Act of 1982.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2682
Introduced by Assembly Member KalraFebruary 14, 2024
Introduced by Assembly Member Kalra
February 14, 2024
An act to amend Sections 35152 and 35159 of, and to add Section 35175 to, the Public Resources Code, relating to the Santa Clara Valley Open-Space Authority.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2682, as introduced, Kalra. Santa Clara Valley Open-Space Authority.
(1) Existing law creates the Santa Clara Valley Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, use, enjoy, and lease or dispose of real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. Existing law requires the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.This bill would instead require the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.(2) Existing law authorizes the governing board of the authority to contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement. Existing law requires a contract for any supplies, equipment, or materials that exceeds $25,000 to be contracted for and let to the lowest responsible bidder. Existing law requires a contract of $75,000 or less to be let by informal bidding procedures, but requires a contract of more than $75,000 to be let by formal bidding procedures.This bill would increase the amount by which a contract for any supplies, equipment, or materials may be contracted for and let to the lowest responsible bidder to $50,000. The bill would increase the amount by which a contract to be let by informal bidding procedures to $100,000 or less, and would increase the amount by which a contract to be let by formal bidding procedures to more than $100,000. The bill would authorize the governing board to appoint a general manager to be the authoritys chief administrative officer. The bill would authorize the governing board to authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding $50,000. The bill would require all expenditures related to contracts approved by the general manager to be reported to the governing board at its next regular meeting.(3) Existing law authorizes the authority, for its purposes, to impose special taxes, as specified, levy assessments, as provided, and incur indebtedness to finance capital improvements, as specified.This bill would authorize the authority to finance facilities and issue bonds for its purposes pursuant to the Mello-Roos Community Facilities Act of 1982.
(1) Existing law creates the Santa Clara Valley Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, use, enjoy, and lease or dispose of real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. Existing law requires the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.
This bill would instead require the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.
(2) Existing law authorizes the governing board of the authority to contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement. Existing law requires a contract for any supplies, equipment, or materials that exceeds $25,000 to be contracted for and let to the lowest responsible bidder. Existing law requires a contract of $75,000 or less to be let by informal bidding procedures, but requires a contract of more than $75,000 to be let by formal bidding procedures.
This bill would increase the amount by which a contract for any supplies, equipment, or materials may be contracted for and let to the lowest responsible bidder to $50,000. The bill would increase the amount by which a contract to be let by informal bidding procedures to $100,000 or less, and would increase the amount by which a contract to be let by formal bidding procedures to more than $100,000. The bill would authorize the governing board to appoint a general manager to be the authoritys chief administrative officer. The bill would authorize the governing board to authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding $50,000. The bill would require all expenditures related to contracts approved by the general manager to be reported to the governing board at its next regular meeting.
(3) Existing law authorizes the authority, for its purposes, to impose special taxes, as specified, levy assessments, as provided, and incur indebtedness to finance capital improvements, as specified.
This bill would authorize the authority to finance facilities and issue bonds for its purposes pursuant to the Mello-Roos Community Facilities Act of 1982.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 35152 of the Public Resources Code is amended to read:35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.SEC. 2. Section 35159 of the Public Resources Code is amended to read:35159. (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement.(b) (1) Notwithstanding any other laws, law, a contract for any supplies, equipment, or materials, that exceeds twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. If two or more bids are the same and the lowest, the governing board may accept the one it chooses. A contract of seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract of more than seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) shall be let by formal bidding procedures. The governing board may appoint a general manager to be the chief administrative officer of the authority. The governing board may authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts approved by the general manager shall be reported to the governing board at its next regular meeting.(2) (A) This subdivision shall not apply to contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, if the governing board awards the contract to the most responsible and qualified bidder.(B) For purposes of this subdivision, most responsible and qualified bidder means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C).(C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following:(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.(ii) Experience and qualifications of personnel employed by the bidder.(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.(iv) Best overall financial return to the governing board on the contract.(v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required.(c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.(f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.For the purpose(2) For purposes of this subdivision, emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage.SEC. 3. Section 35175 is added to the Public Resources Code, to read:35175. The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 35152 of the Public Resources Code is amended to read:35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
SECTION 1. Section 35152 of the Public Resources Code is amended to read:
### SECTION 1.
35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.
(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.
(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.
(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
SEC. 2. Section 35159 of the Public Resources Code is amended to read:35159. (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement.(b) (1) Notwithstanding any other laws, law, a contract for any supplies, equipment, or materials, that exceeds twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. If two or more bids are the same and the lowest, the governing board may accept the one it chooses. A contract of seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract of more than seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) shall be let by formal bidding procedures. The governing board may appoint a general manager to be the chief administrative officer of the authority. The governing board may authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts approved by the general manager shall be reported to the governing board at its next regular meeting.(2) (A) This subdivision shall not apply to contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, if the governing board awards the contract to the most responsible and qualified bidder.(B) For purposes of this subdivision, most responsible and qualified bidder means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C).(C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following:(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.(ii) Experience and qualifications of personnel employed by the bidder.(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.(iv) Best overall financial return to the governing board on the contract.(v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required.(c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.(f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.For the purpose(2) For purposes of this subdivision, emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage.
SEC. 2. Section 35159 of the Public Resources Code is amended to read:
### SEC. 2.
35159. (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement.(b) (1) Notwithstanding any other laws, law, a contract for any supplies, equipment, or materials, that exceeds twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. If two or more bids are the same and the lowest, the governing board may accept the one it chooses. A contract of seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract of more than seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) shall be let by formal bidding procedures. The governing board may appoint a general manager to be the chief administrative officer of the authority. The governing board may authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts approved by the general manager shall be reported to the governing board at its next regular meeting.(2) (A) This subdivision shall not apply to contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, if the governing board awards the contract to the most responsible and qualified bidder.(B) For purposes of this subdivision, most responsible and qualified bidder means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C).(C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following:(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.(ii) Experience and qualifications of personnel employed by the bidder.(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.(iv) Best overall financial return to the governing board on the contract.(v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required.(c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.(f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.For the purpose(2) For purposes of this subdivision, emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage.
35159. (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement.(b) (1) Notwithstanding any other laws, law, a contract for any supplies, equipment, or materials, that exceeds twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. If two or more bids are the same and the lowest, the governing board may accept the one it chooses. A contract of seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract of more than seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) shall be let by formal bidding procedures. The governing board may appoint a general manager to be the chief administrative officer of the authority. The governing board may authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts approved by the general manager shall be reported to the governing board at its next regular meeting.(2) (A) This subdivision shall not apply to contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, if the governing board awards the contract to the most responsible and qualified bidder.(B) For purposes of this subdivision, most responsible and qualified bidder means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C).(C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following:(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.(ii) Experience and qualifications of personnel employed by the bidder.(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.(iv) Best overall financial return to the governing board on the contract.(v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required.(c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.(f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.For the purpose(2) For purposes of this subdivision, emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage.
35159. (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement.(b) (1) Notwithstanding any other laws, law, a contract for any supplies, equipment, or materials, that exceeds twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. If two or more bids are the same and the lowest, the governing board may accept the one it chooses. A contract of seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract of more than seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) shall be let by formal bidding procedures. The governing board may appoint a general manager to be the chief administrative officer of the authority. The governing board may authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts approved by the general manager shall be reported to the governing board at its next regular meeting.(2) (A) This subdivision shall not apply to contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, if the governing board awards the contract to the most responsible and qualified bidder.(B) For purposes of this subdivision, most responsible and qualified bidder means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C).(C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following:(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.(ii) Experience and qualifications of personnel employed by the bidder.(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.(iv) Best overall financial return to the governing board on the contract.(v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required.(c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.(f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.For the purpose(2) For purposes of this subdivision, emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage.
35159. (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement.
(b) (1) Notwithstanding any other laws, law, a contract for any supplies, equipment, or materials, that exceeds twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. If two or more bids are the same and the lowest, the governing board may accept the one it chooses. A contract of seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract of more than seventy-five thousand dollars ($75,000) one hundred thousand dollars ($100,000) shall be let by formal bidding procedures. The governing board may appoint a general manager to be the chief administrative officer of the authority. The governing board may authorize the general manager to bind the authority, in accordance with the governing boards policy adopted in an open meeting and without advertising, for contracts not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts approved by the general manager shall be reported to the governing board at its next regular meeting.
(2) (A) This subdivision shall not apply to contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, if the governing board awards the contract to the most responsible and qualified bidder.
(B) For purposes of this subdivision, most responsible and qualified bidder means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C).
(C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following:
(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.
(ii) Experience and qualifications of personnel employed by the bidder.
(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.
(iv) Best overall financial return to the governing board on the contract.
(v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required.
(c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.
(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).
(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.
(f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.
For the purpose
(2) For purposes of this subdivision, emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage.
SEC. 3. Section 35175 is added to the Public Resources Code, to read:35175. The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).
SEC. 3. Section 35175 is added to the Public Resources Code, to read:
### SEC. 3.
35175. The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).
35175. The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).
35175. The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).
35175. The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).