2009 California Public Utilities Code - Section 132352-132352.6 :: Article 3. Administration

PUBLIC UTILITIES CODE
SECTION 132352-132352.6

132352.  (a) The consolidated agency may adopt bylaws and other
rules necessary to carry out its responsibilities.
   (b) The clerk of the board shall cause a proposed ordinance or
proposed amendment to an ordinance, and any ordinance adopted by the
board, to be published at least once, in a newspaper of general
circulation published and circulated in the board's area of
jurisdiction.
   (c) The publication of an ordinance, as required by subdivision
(b), may be satisfied by either of the following actions:
   (1) The board may publish a summary of a proposed ordinance or
proposed amendment to an ordinance. The summary shall be prepared by
a person designated by the board. The summary shall be published and
a certified copy of the full text of the proposed ordinance or
proposed amendment shall be posted in the office of the clerk of the
board at least five days prior to the board meeting at which the
proposed ordinance or amendment is to be adopted. Within 15 days
after adoption of the ordinance or amendment, the board shall publish
a summary of the ordinance or amendment with the names of those
board members voting for and against the ordinance or amendment and
the clerk shall post in the office of the clerk a certified copy of
the full text of the adopted ordinance or amendment along with the
names of those board members voting for and against the ordinance or
amendment.
   (2) If the person designated by the board determine that it is not
feasible to prepare a fair and adequate summary of the proposed
ordinance or amendment, and if the board so orders, a display
advertisement of at least one-quarter of a page in a newspaper of
general circulation in the board's area of jurisdiction shall be
published at least five days prior to the board meeting at which the
proposed ordinance or amendment is to be adopted. Within 15 days
after adoption of the ordinance or amendment, a display advertisement
of at least one-quarter of a page shall be published. The
advertisement shall indicate the general nature of, and provide
information regarding, the adopted ordinance or amendment, including
information sufficient to enable the public to obtain copies of the
complete text of the ordinance or amendment, and the names of those
board members voting for and against the ordinance or amendment.

132352.1.  All meetings of the consolidated agency, including, but
not limited to, adjourned regular and special meetings of the board,
shall be called, noticed, held, and conducted in accordance with the
provisions of the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code). Ten members of the board shall constitute a quorum for
transaction of the business of the board.

132352.2.  Acts of the board shall be expressed by motion,
resolution, or ordinance.

132352.3.  The officers of the board are the chairperson and the
vice chairperson. The board may create additional officers and elect
members to those positions. However, no member may hold more than one
office. The term of office for the officers of the board shall be
established by the board.

132352.4.  (a) The Legislature finds and declares that there is a
compelling interest in ensuring that all federal, state, local, and
private funds available to the consolidated agency are captured and
used in a timely manner. In order to maximize the use of federal,
state, local, and private funds and to maintain a competitive posture
in seeking supplemental federal funds, the consolidated agency shall
have the authority to establish and use a flexible contracting
process to maximize efficient use of public funds.
   (b) The consolidated agency shall have the following powers with
regard to contracting:
   (1) The consolidated agency may make contracts and enter into
stipulations of any nature whatsoever, either in connection with
eminent domain proceedings or otherwise, including, without limiting
the generality of the foregoing, contracts and stipulations to
indemnify and hold harmless, and to do all acts necessary for,
incidental to, or convenient for the full exercise of the powers
granted in this chapter.
   (2) The consolidated agency may contract with any department or
agency of the United States or the State of California, local
governmental authorities within or outside of the region, including
those in Mexico, any city, county, public district, public
corporation, or joint powers authority formed pursuant to the
provisions of the Joint Exercise of Powers Act, Chapter 5 (commencing
with Section 6500) of Division 7 of Title 1 of the Government Code
upon those terms and conditions as the consolidated agency finds are
for the best interests of the consolidated agency.
   (3) If the estimated total cost of any construction project or
public works project will exceed fifty thousand dollars ($50,000),
the consolidated agency shall solicit bids in writing and shall award
the work to the lowest responsible bidder or reject all bids. The
consolidated agency shall establish rules for procurement of
construction of public works projects.
   (4) Notwithstanding any provision of the Public Contract Code or
any other provision of law, the consolidated agency may contract for
the construction of buildings, structures, roads, bridges, and
related facilities in accordance with Article 6.8 (commencing with
Section 20209.5) of Chapter 1 of Part 3 of Division 2 of the Public
Contract Code.
   (5) Except in cases when an article of a specified brand or trade
name is the only article that will properly meet the needs of the
consolidated agency, all contracts for the acquisition or lease of
materials, supplies, or equipment in an amount of fifty thousand
dollars ($50,000) or a higher amount as may be authorized by the
board, shall be made or entered into with the lowest responsible
bidder meeting specifications. For purposes of determining the lowest
bid, the amount of sales tax shall be excluded from the total amount
of the bid.
   (6) If the estimated total cost of required services exceeds one
hundred thousand dollars ($100,000), the services will not be
performed by an entity described in paragraph (2) of subdivision (b)
of Section 132352.4, and the services are not within the category of
services defined in Section 4525 of the Government Code, the
consolidated agency shall solicit bids in writing and shall award the
work in a competitive procurement process that is in the best
interest of the consolidated agency.
   (7) Contracts for architectural, landscape architectural,
engineering, environmental, land surveying services, and construction
project management services in excess of fifty thousand dollars
($50,000) shall be let in accordance with the provisions of Chapter
10 (commencing with Section 4525) of Division 5 of Title 1 of the
Government Code.
   (8) Notwithstanding any other provisions of this chapter, the
consolidated agency is authorized to use any procurement method
authorized for state or local agencies by state or federal law,
including, but not limited to, use of a competitive negotiation
process in accordance with the provisions of Article 7.5 (commencing
with Section 20216) of Chapter 1 of Part 3 of Division 2 of the
Public Contract Code. The consolidated agency shall maintain
acquisition and contracting guidelines to be followed by the
consolidated agency with respect to procurement of goods and
services. These guidelines may be in the form of standard formats or
model formats.

132352.5.  (a) All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, all pension, relief,
disability, workers' compensation, and other benefits that apply to
the activity of officers, agents, or employees of a public agency
when performing their respective functions shall apply to employees
of the consolidated agency.
   (b) All claims for money or damages against the consolidated
agency or its employees shall be governed by Part 1 (commencing with
Section 810), Part 2 (commencing with Section 814), Part 3
(commencing with Section 900), and Part 4 (commencing with Section
940) of Division 3.6 of Title 1 of the Government Code applicable to
public agencies and their employees, or by other statutes or
regulations expressly applicable thereto.

132352.6.  (a) The consolidated agency shall submit a report to the
Governor and Legislature by December 31 of even-numbered years
beginning in 2004, regarding progress in carrying out the provisions
of this act.
   (b) On December 31, 2005, the Legislative Analyst's Office (LAO)
shall submit a report to the Governor and the Legislature which shall
evaluate and make recommendations on the consolidated agency in the
following areas:
   (1) The effectiveness of the current governance structure within
the region, including, but not limited to, public participation,
accountability, proportional representation and to examine various
alternative governance structures.
   (2) The effectiveness in addressing the transportation needs of
the region, including coordination and efficiencies in transportation
planning and implementation as a result of the consolidation.
   (3) The effectiveness of addressing quality of life indicators,
including, but not limited to, land use patterns, a viable and
sustainable economy, affordable public transportation, affordable
housing, transportation mobility options, air and water quality, and
open space and natural habitat preservation, including, but not
limited to, the agency created by the act, and the county board of
supervisors.
   (4) The adequacy of the scope and authority for regional
decisionmaking.
   (c) The consolidated agency shall pay for the costs of the study
which shall be capped at an amount not to exceed one hundred fifty
thousand dollars ($150,000).
   (d) (1) After the Legislative Analyst's report has been submitted
to the Governor and the Legislature as required by subdivision (b),
if legislation is enacted that makes a change in the governance
structure or the scope of the authority and responsibility of the
consolidated agency, the change shall be submitted for approval at a
regularly scheduled election to the voters residing within the
jurisdiction of the consolidated agency prior to the implementation
of those changes.
   (2) To provide opportunity for full regional public participation
in any change made according to paragraph (1), the consolidated
agency should convene regional working groups and take other steps
that will allow for the greatest level of regionwide input from all
segments of San Diego County and all interested groups and
organizations.
   (3) This subdivision shall apply to legislation that specifically
references this subdivision and shall remain in effect until the
election required pursuant to paragraph (1) has occurred. After the
election has occurred, this subdivision shall become inoperative.


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