California Legislature—2015–16 Regular Session

Assembly BillNo. 495


Introduced by Assembly Member Gordon

February 23, 2015


An act to amend Section 5549 of the Public Resources Code, relating to parks.

LEGISLATIVE COUNSEL’S DIGEST

AB 495, as introduced, Gordon. 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 $25,000 for supplies, materials, labor, or other valuable consideration for any purpose.

This bill would authorize the general managers of the East Bay Regional Park District and the Midpeninsula Regional Open Space District to bind those districts, with district board approval and in accordance with board policy, for the payment of supplies, materials, labor, or other valuable consideration for any purpose, in amounts not exceeding $50,000.

This bill would make legislative findings and declarations as to the necessity of a special statute for the East Bay Regional Park District and the Midpeninsula Regional 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:

P2    1

SECTION 1.  

Section 5549 of the Public Resources Code is
2amended to read:

3

5549.  

(a) The general manager has the following administrative
4and executive functions, powers, and duties. The general manager
5shall do all of the following:

6(1) Enforce this article and all ordinances and regulations of the
7district.

8(2) Appoint and remove subordinates, clerks, and other
9employees, and exercise supervision and control over all
10departments and offices of the district, subject to the personnel
11rules, civil service or merit system, and policies adopted by the
12board.

13(3) Attend all meetings of the board unless excused by the board.

14(4) Submit to the board for adoption any measures, ordinances,
15and regulations he or she deems necessary or expedient.

16(5) Enforce all terms and conditions imposed in favor of the
17district or its inhabitants in any contract and report any violations
18to the board or the police department, as appropriate.

19(6) Prepare and submit the annual budget to the board and
20perform all other duties imposed by this article or by the board.

21(b) begin insert(1)end insertbegin insertend insert With the approval of the board, the general manager
22may bind the district, in accordance with board policy, and without
23advertising, for the payment for supplies, materials, labor, or other
24valuable consideration for any purpose,begin delete other thanend deletebegin insert includingend insert new
25construction of a building, structure, or improvement, in amounts
26not exceeding twenty-five thousand dollarsbegin delete ($25,000), and for the
27payment for supplies, materials, labor, or other valuable
28consideration for new construction of a building, structure, or
29improvement, in amounts not exceeding twenty-five thousand
30dollarsend delete
($25,000). All expenditures shall be reported to the board
31of directors at its next regular meeting.

begin insert

32(2) Notwithstanding paragraph (1), with the approval of the
33board, the general manager of the East Bay Regional Park District
34and the general manager of the Midpeninsula Regional Open
35Space District may bind those districts, in accordance with board
36policy, and without advertising, for the payment of supplies,
37materials, labor, or other valuable consideration for any purpose,
38including new construction of a building, structure, or
P3    1improvement, in amounts not exceeding fifty thousand dollars
2($50,000). All expenditures shall be reported to the board of
3directors at its next regular meeting.

end insert
4

SEC. 2.  

The Legislature finds and declares that a special law
5is necessary and that a general law cannot be made applicable
6within the meaning of Section 16 of Article IV of the California
7Constitution because of the unique financial situations of the
8districts affected by this act.



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