BILL NUMBER: SB 1625 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 30, 2000
INTRODUCED BY Senator Murray
(Principal coauthor: Assembly Member Wesson)
(Coauthors: Senators Hughes and Solis)
(Coauthors: Assembly Members Longville and Wright)
FEBRUARY 22, 2000
An act to add Division 22.7 (commencing with Section 32550) to the
Public Resources Code, relating to the Baldwin Hills Conservancy.
LEGISLATIVE COUNSEL'S DIGEST
SB 1625, as amended, Murray. Baldwin Hills Conservancy.
Existing law authorizes various conservancies to acquire, manage,
and conserve public lands in the state.
This bill would establish the Baldwin Hills Conservancy to acquire
and manage public lands within the Baldwin Hills area of Los Angeles
County, as defined, and would prescribe the management, powers, and
duties of the conservancy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 22.7 (commencing with Section 32550) is added
to the Public Resources Code, to read:
DIVISION 22.7. BALDWIN HILLS CONSERVANCY ACT
CHAPTER 1. GENERAL PROVISIONS
32550. This division shall be known, and may be cited, as the
Baldwin Hills Conservancy Act.
32551. The Legislature hereby finds and declares that the Baldwin
Hills area within the County of Los Angeles and the cities of Los
Angeles and Culver City constitutes an area with unique and important
cultural, scientific, educational, recreational, and scenic
resources, and includes land with the highest elevation in the Los
Angeles Basin. The Baldwin Hills area is the last remaining urban
open space that should be held in trust to be preserved and enhanced
for the enjoyment of, and appreciation by, present and future
generations.
CHAPTER 2. DEFINITIONS
32553. As used in this division, the following terms have the
following meaning:
(a) "Baldwin Hills area" means the land area currently within the
Kenneth Hahn State Recreation Area, the Baldwin Hills community, and
the surrounding property bordered on the north by Rodeo Road
beginning at La Brea Avenue, on the west by Jefferson Boulevard, on
the south by Slausen Avenue, on the east by La Brea Avenue, and
including a spur of land extending from Stocker Avenue to an area
between La Brea Avenue and Crenshaw Boulevard.
(b) "Board" means the governing board of the Baldwin Hills
Conservancy.
(c) "Conservancy" means the Baldwin Hills Conservancy.
(d) "Nonprofit organization" means an exempt organization under
Section 501(c)(3) of the Internal Revenue Code.
(e) "Territory" means the land in the Baldwin Hills area that is
under the jurisdiction of the conservancy.
CHAPTER 3. CONSERVANCY
32555. There is in the Resources Agency, the Baldwin Hills
Conservancy, which is created for the following purposes:
(a) To acquire and manage public lands within the Baldwin Hills
area, and to provide recreational, open-space, wildlife habitat
restoration and protection, and lands for educational uses within the
area.
(b) To acquire open-space lands within the territory of the
conservancy.
(c) To provide for the public's enjoyment, and to enhance the
recreational and educational experience on public lands in the
territory in a manner consistent with the protection of lands and
resources in the area.
32556. (a) The board shall consist of seven
nine voting members and four ex officio nonvoting members.
(b) The seven nine voting members of
the board shall consist of the following:
(1) The Secretary of the Resources Agency, or his or her designee.
(2) The Director of Parks and Recreation, or his or her designee.
(3) Five members of the public appointed by the Governor who are
residents of Los Angeles County selected from a list of prominent
members of the community who shall represent the diversity of the
surrounding community. National, state, and local recreational and
environmental organizations that operate within Los Angeles County
may submit recommendations of persons to serve to the Governor for
his or her consideration.
(4) One member appointed by the Speaker of the Assembly, and one
member appointed by the Senate Committee on Rules.
(c) The four Ex Officio nonvoting members shall consist of the
following:
(1) The Executive Officer of the Wildlife Conservation Board, or
his or her designee.
(2) The Director of the Los Angeles County Department of Parks, or
his or her designee.
(3) The Executive Officer of the State Coastal Conservancy, or his
or her designee.
(4) The Chief of the Division of State Lands in the Resources
Agency, or his or her designee.
(d) A quorum shall consist of four five
voting members of the board, and any action of the board
affecting any matter before the board shall be decided by a majority
vote of the voting members present, a quorum being present. However,
the affirmative vote of at least three four
of the voting members of the board shall be required for the
transaction of any business of the board.
32557. (a) The voting members of the board shall serve for
two-year terms. Any vacancy on the board shall be filled within 60
days from its occurrence by the appointing authority.
(b) No person shall continue as a member of the board if that
person ceases to hold the office that qualifies that person for board
membership. Upon the occurrence of that event, that person's
membership on the board shall automatically terminate.
32558. The chairperson of the board shall be chosen by a majority
of the voting members of the board.
32559. The conservancy may employ an executive officer and other
staff to perform those functions that cannot be provided by
volunteers.
32560. All meetings of the board shall be subject to the
requirements 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).
32561. All members shall receive reimbursement for actual,
necessary, and reasonable expenses. Any member of the board who is
not a full-time public employee shall be compensated at a rate not to
exceed seventy-five dollars ($75) per regular meeting, not to exceed
12 regular meetings a year. Any member of the board may waive
compensation.
32562. The conservancy shall obtain and maintain adequate
liability insurance or its equivalent for acts or omissions of the
conservancy's agents, employees, volunteers, and servants.
CHAPTER 4. POWERS AND DUTIES
32565. The jurisdiction of the conservancy includes those lands
or other areas that are donated to, or otherwise acquired by, or are
operated by the conservancy, that are located in the Baldwin Hills
area.
32566. The conservancy may manage, operate, administer, and
maintain the lands and facilities it acquires in accordance with the
purposes set forth in Section 32555. The conservancy may adopt
regulations governing the use by the public of conservancy lands and
facilities and may provide for the enforcement of those regulations.
32567. The conservancy may determine acquisition priorities and
may acquire real property or any interest in real property within the
Baldwin Hills area from willing sellers and at fair market value or
on other mutually acceptable terms, upon a finding that the
acquisition is consistent with the purposes of the conservancy. The
conservancy may acquire the property itself, or may coordinate the
acquisition with other public agencies with appropriate
responsibility and available funding or land to exchange. The
overall objectives of the land acquisition program shall be to assist
in accomplishing land transactions that are mutually beneficial to
the landowners and the conservancy, and that meet the conservancy's
purposes. Neither the conservancy nor the State Board of Public
Works shall exercise the power of eminent domain for the purposes of
this division. All acquisitions of land shall conform to all
relevant general and specific plans and zoning regulations of local
agencies within the territory of the conservancy.
32568. The conservancy may undertake site improvement projects;
regulate public access; revegetate and otherwise rehabilitate
degraded areas, in consultation with other public agencies with
appropriate jurisdiction and expertise; upgrade deteriorating
facilities; and construct new facilities as needed for outdoor
recreation, nature appreciation and interpretation, and natural
resource protection. These projects may be undertaken by the
conservancy itself or by other public agencies, with the conservancy
providing overall coordination through setting priorities for
projects and assuring uniformity of approach.
32569. (a) The conservancy may award grants to local public
agencies, state agencies, federal agencies, and nonprofit
organizations for the purposes of this division.
(b) Grants to nonprofit organizations for the acquisition of real
property or interests in real property shall be subject to all of the
following conditions:
(1) The purchase price of any interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(2) The conservancy shall approve the terms under which the
interest in land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt incurred by the
nonprofit organization unless the conservancy approves the
transaction.
(4) The transfer of land acquired pursuant to a grant shall be
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient to
protect the interests of the conservancy.
(5) The conservancy shall have a right of entry and power of
termination in and over all interests in real property acquired with
state funds, which may be exercised if any essential term or
condition of the grant is violated.
(6) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the conservancy, except that,
prior to that termination, another public agency or nonprofit
organization may receive title to all or a portion of that interest
in real property, by recording its acceptance of title, together with
the conservancy's approval, in writing.
(c) Any deed or other instrument of conveyance whereby real
property is acquired by a nonprofit organization pursuant to this
section shall be recorded and shall set forth the executory interest
or right of entry on the part of the conservancy.
32570. (a) Notwithstanding any other provision of law, the
conservancy may lease, rent, sell, exchange, or otherwise transfer
any real property or interest therein or option acquired under this
division to a local public agency, state agency, federal agency,
nonprofit organization, individual, or other entity for management
purposes pursuant to terms and conditions approved by the
conservancy. The conservancy may request the Director of General
Services to undertake these actions on its behalf.
(b) The conservancy may initiate, negotiate, and participate in
agreements for the management of land under its ownership or control
with local public agencies, state agencies, federal agencies,
nonprofit organizations, individuals, or other entities and may enter
into any other agreements authorized by state or federal law.
32571. The conservancy shall coordinate the activities of state
and local public agencies and private entities interested in the
Baldwin Hills area and its resources. State and local public
agencies shall retain title to any land owned within the boundaries
of the Baldwin Hills area. Local public agencies may enter into an
agreement to transfer responsibility for the management of the land
to the conservancy. Where there is no state or local public agency
with operating and management responsibility over the land, the
conservancy shall exercise that responsibility. Local public
agencies shall retain exclusive authority over all zoning or land use
regulations within their jurisdiction.
32572. The conservancy shall close to the public any lands or
facilities that the conservancy is unable to maintain in a clean and
safe manner or that is necessary to adequately protect the wildlife
and rights of adjacent property owners.
32573. The conservancy shall do all of the following:
(a) Establish policies and priorities regarding the territory
within the Baldwin Hills area, and conduct any necessary planning
activities in accordance with the purposes set forth in Section
32555.
(b) Give priority to related projects that create expanded
opportunities for recreation, aesthetic improvement, and wildlife
habitat in the Baldwin Hills area.
(c) Approve conservancy-funded projects that advance the policies
and priorities set forth in this division.
(d) Prepare a Baldwin Hills Open-Space and Recreation Plan that
includes all of the following:
(1) A determination of the policies and priorities for the
conservation of the territory.
(2) A plan for incorporating, as relevant, the principles and
plans necessary to accomplish the goals of the master plans prepared
for the Kenneth Hahn State Recreation Area pursuant to subdivisions
(b) and (c) of Section 1 of Chapter 752 of the Statutes of 1999.
(3) A description of underused existing public open spaces, and
recommendations for providing for better public use and enjoyment in
the open spaces identified in the plan.
(4) A description of, and a priority program for implementing,
additional recreational and open-space needs, including additional or
upgraded facilities and parks that may be necessary or desirable.
32574. The board may adopt regulations for the protection and
management of native riparian vegetation, wildlife, and other natural
resources, and for the protection of archeological sites.
32575. The conservancy shall administer any funds appropriated to
it and any revenue generated by public agencies for the Baldwin
Hills area and contributed to the conservancy, and may expend those
funds for capital improvements, land acquisition, or support of the
conservancy's operations. Subject to Section 11005 of the Government
Code, the conservancy may also accept any revenue, money, grants,
goods, or services contributed to the conservancy by any public
agency, private entity, or person, and, upon receipt, may expend any
such revenue, money, or grants for capital improvements, land
acquisitions, or support of the conservancy's operations.
32576. The conservancy may recruit and coordinate volunteers and
experts to conduct interpretive and recreational programs and to
assist with conservancy projects and the maintenance of conservancy
lands.
32577. The conservancy shall facilitate and coordinate the
activities of its employees with personnel of the Department of Parks
and Recreation, the Department of Fish and Game, and local law
enforcement and rescue agencies.
32578. The conservancy shall have, and may exercise, all rights
and powers, expressed or implied, necessary to carry out the purposes
of this division, except as otherwise provided.
32579. (a) The conservancy may sue and be sued.
(b) The conservancy may enter into contracts and joint powers
agreements with public agencies, private entities, and persons
necessary for the proper discharge of the conservancy's duties.
32580. (a) The conservancy shall be deemed a local agency for,
but only for, the purposes of any provision of law authorizing local
agencies to borrow money and incur indebtedness. The conservancy may
fix and collect fees for the use by the public of any lands owned or
controlled by the conservancy. No fee shall exceed the cost of
providing the service for which the fee is charged.
(b) The fee revenue shall be deposited in the Baldwin Hills
Conservancy Fund, which is hereby created in the State Treasury. The
money in the fund shall be expended by the conservancy, upon
appropriation by the Legislature, for the purposes of this division.
SEC. 2. Not later than January 1, 2012, the Legislature shall
review the effectiveness and progress of the Baldwin Hills
Conservancy established pursuant to Division 22.7 (commencing with
Section 32550) of the Public Resources Code in acquiring and
developing open-space land in the Baldwin Hills area, as defined in
subdivision (a) of Section 32553 of the Public Resources Code, and
determine whether the land under the jurisdiction of the conservancy
should be transferred to the Department of Parks and Recreation for
inclusion in the State Park System.