BILL NUMBER: AB 745 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 20, 2014
AMENDED IN SENATE MAY 6, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Levine
FEBRUARY 21, 2013
An act to amend Section 5549 of the Public Resources Code,
relating to parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 745, as amended, Levine. Regional park and open-space
districts: general manager: powers.
Existing law authorizes the general manager of any park or
open-space district, with district board approval, to bind the
district, in accordance with board policy, and without advertising,
for the payment of amounts not exceeding $10,000 for any purpose
other than new construction of a building, structure, or improvement,
and for the payment for new construction of a building, structure,
or improvement, in amounts not exceeding $25,000, as specified.
Existing law authorizes the general manager of 3 identified park and
open-space districts to make payments in amounts not exceeding
$25,000, without advertising, for any purpose.
This bill would permit the general manager of any park or
open-space district to make these payments, without advertising, for
any purpose, in amounts not exceeding $25,000.
Existing law authorizes the payments discussed above for supplies,
materials, or labor, but only authorizes these payments for other
valuable consideration (1) for purposes other than new construction
of a building, structure, or improvement, or (2) by a general manager
of one of the 3 identified park and open-space districts.
This bill would permit the general manager of any park or
open-space district to make payments for other valuable consideration
for new construction of a building, structure, or improvement.
Existing law authorizes the general managers of the East Bay
Regional Park District, the Midpeninsula Regional Open Space
District, and the Sonoma County Agricultural Preservation and Open
Space District to bind those districts, with district board approval
and in accordance with board policy, for the payment for supplies,
materials, labor, or other valuable consideration for any purpose, in
amounts not exceeding $25,000.
This bill would also extend that authorization to the general
managers of the Marin County Open Space District and the Napa County
Regional Park and Open Space District.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5549 of the Public Resources Code is amended to
read:
5549. (a) The general manager has the following administrative
and executive functions, powers, and duties. The general manager
shall do all of the following:
(1) Enforce this article and all ordinances and regulations of the
district.
(2) Appoint and remove subordinates, clerks, and other employees,
and exercise supervision and control over all departments and offices
of the district, subject to the personnel rules, civil service or
merit system, and policies adopted by the board.
(3) Attend all meetings of the board unless excused by the board.
(4) Submit to the board for adoption any measures, ordinances, and
regulations he or she deems necessary or expedient.
(5) Enforce all terms and conditions imposed in favor of the
district or its inhabitants in any contract and report any violations
to the board or the police department, as appropriate.
(6) Prepare and submit the annual budget to the board and perform
all other duties imposed by this article or by the board.
(b) (1) With the approval of
the board, the general manager may bind the district, in accordance
with board policy, and without advertising, for the payment for
supplies, materials, labor, or other valuable consideration for any
purpose, other than new construction of a building, structure, or
improvement, in amounts not exceeding ten thousand dollars
($10,000), twenty-five thousand dollars ($25,000),
and for the payment for supplies, materials, or
labor , or other valuable consideration for new
construction of a building, structure, or improvement, in amounts not
exceeding twenty-five thousand dollars ($25,000). All expenditures
shall be reported to the board of directors at its next regular
meeting.
(2) Notwithstanding paragraph (1), with the approval of the board,
the general manager of the East Bay Regional Park District, the
general manager of the Marin County Open Space District, the general
manager of the Midpeninsula Regional Open Space District, the general
manager of the Napa County Regional Park and Open Space District,
and the general manager of the Sonoma County Agricultural
Preservation and Open Space District may bind those districts, in
accordance with board policy, and without advertising, for the
payment for supplies, materials, labor, or other valuable
consideration for any purpose, including the new construction of any
building, structure, or improvement, in amounts not exceeding
twenty-five thousand dollars ($25,000). All expenditures shall be
reported to the board of directors at its next regular meeting.