AB 2682: 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, among other things, would authorize the governing board to also contract for the maintenance or repair of any building, structure, or improvement. The 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 for any supplies, equipment, or materials to be let by informal bidding procedures to $100,000 or less, and would increase the amount by which a contract for any supplies, equipment, or materials to be let by formal bidding procedures to more than $100,000. The bill would require a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement that exceeds $25,000 to be contracted for and let to the lowest responsible bidder. The bill would require a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of $75,000 or less to be let by informal bidding procedures, and would require a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of more than $75,000 to be let by formal bidding procedures. 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 governing board policy 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 $50,000. The bill would require 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 the general manager to be reported to the governing board at its next regular meeting.

(3)Existing law authorizes the authority to impose special taxes, as specified.

This bill instead would authorize the authority to impose qualified special taxes, as defined, subject to specified constitutional and statutory provisions, and to provide for an exemption for persons who are 65 years of age or older, for persons receiving Supplemental Security Income for a disability, or for persons receiving Social Security Disability Insurance benefits, as specified. The bill would authorize the authority to enter into an agreement with a county to collect any special tax on behalf of the authority. The bill would require the authority, if it provides for an exemption from a qualified special tax described above, and contracts or enters into an agreement with the county to collect the qualified special tax within the authoritys jurisdiction, to annually provide specified information relating to that exemption to the county tax collector. The bill would require a county tax collector that contracts or enters into an agreement with the authority and receives that information to include a hyperlink, identified as Parcel Tax Exemptions, on the tax collectors internet website home page to another location on the tax collectors internet website that contains the information submitted by the authority to the tax collector relating to that exemption, except as specified.

(4)Existing law authorizes the authority, for its purposes, to 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.