SECTIONS 35150-35159 - California Statutes

PUBLIC RESOURCES CODE

SECTION 35150-35159

35150. The authority may adopt a seal and alter it at its pleasure.

35151. The authority may sue and be sued, except as otherwise
provided by law, in all actions and proceedings, in all courts and
tribunals of competent jurisdiction.

35152. 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 the authority's
jurisdiction, necessary to the full exercise of its powers. The
authority may accept and hold open-space easements and purchase
development credits.
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 through
conservation easement purchases or the granting of lands or
conservation easements by owners to the authority.
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.
The authority may not validly convey any 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.

35153. The authority may exercise the right of eminent domain to
take any property necessary or convenient to accomplish the purposes
of this division, except that it shall not take lands in active
ranching, lands in agricultural production, or lands in timberland
production zones which are not threatened by imminent conversion to
developed uses. Furthermore, the authority shall not acquire any
interest in real property by eminent domain unless the real property
is contiguous to real property which is already owned by a public
agency for open-space use. For purposes of this section, "owned"
includes any lease or other contractual commitment to which the
public agency is a party, to maintain the property in open-space use
for a term of at least 25 years. The right of eminent domain may only
be exercised upon the approval of a four-fifths vote of the
governing board. If the property owner objects to the acquisition of
his or her property by eminent domain, the property owner may, within
30 days of the governing board's vote, file a written objection with
the legislative body of the city or county in which the property is
located. If the property is located in more than one city or in the
county and one or more cities, the property owner shall file his or
her objection with the legislative body of the city or county which
includes the larger portion of the property. If the property owner
files a timely written objection, the legislative body shall consider
the objection at a public hearing to be held within 45 days of its
receipt. If the legislative body of a city upholds by a two-thirds
vote, or the legislative body of a county upholds by a majority vote,
the objection by determining that the acquisition is not in the best
interests of the public within the authority's jurisdiction, the
authority shall not exercise its right of eminent domain on that
property.

35154. The authority may, upon a four-fifths vote of the governing
board and after holding a public hearing pursuant to Section 6061 of
the Government Code, exchange any real property dedicated and used
for open-space purposes for real property that the governing board
determines to be of equal or greater value and is necessary to be
acquired for open-space purposes.

35155. All property acquired by the authority shall be properly
maintained in a reasonable fashion consistent with the natural
conditions existing upon the properties, and those properties
immediately surrounding it. This maintenance obligation does not hold
the authority to a higher standard of care, but is simply a
statement of a basic function of the authority.

35156. The authority may plan, adopt, lay out, plant, develop, and
otherwise improve, extend, control, operate, and maintain lands,
trails, natural areas, and other facilities for public recreation or
agricultural activities. The authority may impose fees for the
utilization of its properties which do not exceed the cost of
providing services.

35157. All claims for money or damages against the authority are
governed by Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code, except as provided in this division or by other
statutes or regulations expressly applicable to this division.

35158. The authority may accept funds or donations from any public
or private source for the purposes of acquisition of open-space lands
or for projects which are in furtherance of the authority's
open-space or greenbelting objectives within its jurisdiction. The
authority may seek government grants and private donations.

35159. (a) The authority 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) When a contract for any services, supplies, equipment, or
materials, except for legal or appraisal services, or except for
those services authorized to be procured under Chapter 10 (commencing
with Section 4525) of Division 5 of Title 1 of the Government Code
exceeds ten thousand dollars ($10,000), it 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. Contracts of fifty thousand dollars ($50,000) or less may be
let by informal bidding procedure, but contracts of more than fifty
thousand dollars ($50,000) shall be let by formal bidding procedures.
(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. 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) 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 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, flood, earthquake, or other soil or geologic
movements, as well as a riot, accident, or sabotage.