(a) The agency shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this title, including, but not limited to, all of the following:

(1) To enter into and perform all necessary contracts pursuant to Article 53.5 (commencing with Section 20815) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. For purposes of Article 53.5 (commencing with Section 20815) of Chapter 1 of Part 3 of the Public Contract Code, the agency is a recreation and park district.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) To fix and collect fees for the use of any land owned or controlled, or for any service provided, by the agency. This subdivision does not authorize the agency to fix or collect a fee for public access to the land owned or controlled by the agency.

(3) To make grants.

(4) To acquire any real or personal property within or outside the agency, to hold, manage, occupy, dispose of, convey and encumber the property, and to create a leasehold interest in the property for the benefit of the agency.

(5) To lease, rent, sell, exchange, or transfer interests in real property if doing so is both consistent with the potential full restoration of railroad use upon an order of the federal Surface Transportation Board without cost to the agency, and would not interfere with the continuous use of the rail rights-of-way pursuant to trail standards recommended by the American Association of State Highway and Transportation Officials.

(6) To undertake or fund projects and programs implementing this title or relating to the rail rights-of-way.

(7) To provide for the management of the rail rights-of-way.

(8) To apply for and accept grants, gifts, donations of money and property, subventions, rents, royalties, or other assistance from public or private sources.

(9) To recruit and coordinate volunteers and experts to conduct interpretive and recreational programs, and to assist with construction projects and the maintenance of facilities.

(10) To enter into contracts and joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).

(11) To sue and be sued.

(12) To contract with the State Coastal Conservancy, a state agency, or another organization to staff the agency. A state agency may contract with, and provide services to, the agency consistent with Section 11256. Upon a state agency contracting with the agency, the state agency may contract for professional services on behalf of the agency pursuant to Section 4526 and the state agency’s regulations.

(13) To hire and appoint necessary employees, to define their qualifications and duties, and to provide a schedule of compensation for performance of their duties.

(14) To engage counsel and other professional services.

(15) To borrow money, give security therefor, and purchase on contract.

(16) To adopt a seal and alter it at pleasure.

(17) To adopt ordinances following the procedures of Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3.

(18) To adopt and enforce rules and regulations for the administration, operation, use, and maintenance of trails, excursion rail service, and other recreational facilities and programs implemented pursuant to this title.

(19) To provide insurance pursuant to Part 6 (commencing with Section 989) of Division 3.6 of Title 1.

(b) This section shall become operative on March 1, 2022.

(Added by Stats. 2021, Ch. 423, Sec. 20. (SB 69) Effective January 1, 2022. Operative March 1, 2022, by its own provisions.)