The authority may adopt a seal and alter it at its pleasure.
Chapter 4Powers and Functions
Section § 35150
This law allows the authority to create and change its official seal whenever it wants.
adopt seal alter seal official seal authority seal creation seal change seal modification discretionary power symbol of authority identity mark organizational seal seal customization branding symbol alteration seal policy
Section § 35151
This law allows the authority to participate in lawsuits, meaning it can file a lawsuit against others or have a lawsuit filed against it. This applies in all legal actions and proceedings, wherever there's a court that is legally allowed to hear the case, unless another law says differently.
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.
authority legal actions sue and be sued court jurisdiction legal proceedings tribunal competent jurisdiction legal cases legal rights of authority litigation lawsuits court cases legal authority legal standing court access tribunal actions
Section § 35152
The authority has the power to acquire and manage property in various ways, including buying, leasing, or receiving property as a gift, for its purposes. This includes holding open-space easements and development rights.
Priority for acquiring open spaces is given to lands near urban areas. Remote ranchlands in the Diablo Range can be acquired only from willing sellers through conservation easements or land grants.
Lands with granted open-space easements are legally restricted for open-space use. Any land dedicated for open-space can only be sold following specific procedures.
If the authority wants to sell land dedicated to open-space use, it must get approval from voters in a special election, unless the land is leased for up to 25 years and remains in use as open-space or agriculture during the lease.
(a)CA Public Resources Code § 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 authority’s 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)CA Public Resources Code § 35152(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)CA Public Resources Code § 35152(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)CA Public Resources Code § 35152(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.
property acquisition open-space easements development credits urban areas Diablo Range willing sellers conservation easement fee title purchases permanent open space restricted lands California Constitution real property dedication lease agreements voter consent special election
Section § 35153
This law allows a government authority to take private property through eminent domain if it's needed for specific public purposes. However, there are exceptions: they can't take land used for ranching, agriculture, timber not set for development, or land outside their jurisdiction. Additionally, they can only take land next to land already owned by a public agency for open space. This action needs a four-fifths approval from the governing board. If a property owner disagrees, they can object within 30 days. The local government then must hold a public hearing within 45 days to decide if the takeover is in the public's best interest. A two-thirds (city) or majority (county) vote against the acquisition will stop the eminent domain process.
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, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authority’s jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a
public agency for open-space use. For purposes of this section, “owned” includes a 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 that 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.
eminent domain ranching lands agricultural land timberland protection public agency open-space use four-fifths approval property owner objection public hearing two-thirds vote majority vote public interest real property acquisition jurisdiction contiguous property
Section § 35154
This law allows a governing board to exchange real property currently used for open-space purposes with another piece of real property. To do this, the new property must be of equal or greater value and also needed for open-space purposes. This decision requires a four-fifths vote by the board and a public hearing must be held first.
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.
open-space exchange real property trade four-fifths vote governing board decision public hearing requirement Section 6061 compliance equal or greater value property acquisition land swap open-space preservation real estate transaction public participation
Section § 35155
The law states that any property obtained by an authority must be taken care of in a reasonable way that aligns with the natural environment of that land and the surrounding areas. It clarifies that this responsibility is a fundamental duty and does not imply that the authority must uphold a higher level of care when maintaining the property.
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.
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Section § 35156
This law allows an authority to create and manage public recreational or agricultural spaces. It can plan and improve lands, trails, and facilities, as well as charge fees for their use, as long as the fees cover only the cost of services provided.
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.
public recreation agricultural activities land development trails facility maintenance service fees public spaces recreational facilities authority control natural areas fee imposition cost of services facility operation land improvement public lands
Section § 35157
This law section states that if you have a claim for money or damages against a certain authority, you must follow the rules laid out in a specific section of the Government Code, unless there are different rules in this or another relevant set of laws or regulations.
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.
claims for money claims for damages authority claims Division 3.6 Section 810 Government Code guidelines damages procedure monetary claims process statute exceptions specific regulations legal claims process authority claims regulation applicable statutes
Section § 35158
This section allows the authority to receive funds or donations from public or private sources. These funds are to be used for buying open-space lands or supporting projects in line with the authority's goals to preserve open spaces or create greenbelts in its area. The authority can also apply for government grants and seek donations from private entities.
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.
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Section § 35159
This law outlines how a governing board can handle contracts for services, supplies, equipment, or construction. Contracts under $50,000 can be approved by a general manager without public advertising, while larger contracts must go to the lowest responsible bidder. Contracts between $50,000 and $100,000 can be done through informal bidding, while those over $100,000 require formal bidding. Construction contracts follow similar rules but have different dollar thresholds.
For certain services, like consulting or legal services, contracts do not have to go to the lowest bidder but to the most responsible and qualified bidder. The law allows flexibility during emergencies, letting the board bypass standard bidding procedures to protect public safety. Notices inviting bids must be published well in advance, and the board can reject all bids if necessary and either readvertise or perform the work themselves if economical. In emergencies, urgent spending can proceed without bidding.
(a)CA Public Resources Code § 35159(a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement. The governing board may appoint a general manager to be the chief administrative officer of the authority, and the governing board may authorize the general manager to bind the authority, in accordance with governing board policy that has been adopted in an open meeting and without
advertising, for contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, approved by a general manager shall be reported to the governing board at its next regular meeting.
(b)Copy CA Public Resources Code § 35159(b)
(1)Copy CA Public Resources Code § 35159(b)(1) Notwithstanding any other law, a contract for any services, supplies, equipment, or
materials that exceeds fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder.
A contract for any services, supplies, equipment, or materials of one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract for any services, supplies, equipment, or materials of more than one hundred thousand dollars ($100,000) shall be let by formal bidding procedures.
(2)CA Public Resources Code § 35159(b)(2) A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement that exceeds twenty-five thousand dollars ($25,000) shall be contracted for and let to the lowest responsible bidder. A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of seventy-five thousand dollars ($75,000) or less may be let by informal bidding procedures, but a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of more than seventy-five thousand dollars ($75,000) shall be let by formal bidding procedures.
(3)CA Public Resources Code § 35159(b)(3) If two or more bids, for a contract described in paragraph (1) or (2), are the same and the lowest, the governing board may accept the one it chooses.
(4)CA Public Resources Code § 35159(b)(4) If the governing board delegates authority in the manner specified in subdivision (a) for a contract for the construction, completion,
maintenance, or repair of any building, structure, or improvement, the decision by the chief administrative officer of the authority shall be binding on the authority, and all existing protest and grievance procedures regarding that decision remain valid.
(5)Copy CA Public Resources Code § 35159(b)(5)
(A)Copy CA Public Resources Code § 35159(b)(5)(A) Notwithstanding paragraph (1), 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,
are not required to be contracted for or let to the lowest responsible bidder, if the governing board awards the contract to the most responsible and qualified bidder.
(B)CA Public Resources Code § 35159(b)(5)(A)(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)CA Public Resources Code § 35159(b)(5)(A)(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)CA Public Resources Code § 35159(b)(5)(A)(C)(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.
(ii)CA Public Resources Code § 35159(b)(5)(A)(C)(ii) Experience and qualifications of personnel employed by the bidder.
(iii)CA Public Resources Code § 35159(b)(5)(A)(C)(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.
(iv)CA Public Resources Code § 35159(b)(5)(A)(C)(iv) Best overall financial return to the governing board on the contract.
(v)CA Public Resources Code § 35159(b)(5)(A)(C)(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)CA Public Resources Code § 35159(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)CA Public Resources Code § 35159(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)CA Public Resources Code § 35159(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.
(f)Copy CA Public Resources Code § 35159(f)
(1)Copy CA Public Resources Code § 35159(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.
(2)CA Public Resources Code § 35159(f)(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.
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Section § 35160
This law allows the Santa Clara Valley Open-Space Authority to use a special method for awarding construction and improvement contracts, called the design-build process. This covers projects like building and improving facilities, public access and recreational spaces, and nature-based infrastructure, such as habitat and watershed restoration.
Unlike typical rules, projects under this authority don't need to meet the usual $1 million minimum project size. Here, whenever the law refers to a 'local agency,' it specifically means the Santa Clara Valley Open-Space Authority and its board.
(a)CA Public Resources Code § 35160(a) Notwithstanding Section 35159 or any other law, upon approval by the board of directors of the Santa Clara Valley Open-Space Authority, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to award contracts for the construction, restoration, and improvement of buildings and facilities, the construction, restoration, and improvement of public access and recreation facilities, and nature-based infrastructure projects, including, but not limited to, habitat restoration projects, enhancement and remediation projects, and watershed, stream corridor, and pond improvement projects in that authority.
(b)CA Public Resources Code § 35160(b) The minimum project limitation of one million dollars ($1,000,000), as
described in subdivision (a) of Section 22162 of the Public Contract Code, shall not apply to the Santa Clara Valley Open-Space Authority.
(c)CA Public Resources Code § 35160(c) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Santa Clara Valley Open-Space Authority and its board of directors.
Santa Clara Valley Open-Space Authority design-build process construction contracts restoration projects public access facilities recreation facilities nature-based infrastructure habitat restoration watershed improvement stream corridor pond improvement minimum project limitation local agency designation
