SB 832, as amended, Gaines. State parks: Kings Beach State Recreation Area.
Under existing law, the Department of Parks and Recreation is required to operate, manage, and maintain units of the state park system. Existing law regulates the sale of surplus state property.
This bill would authorize the Director of Parks and Recreation to grant to the North Tahoe Public Utility District, subject to specified conditions, all of the rights, title, and interest of the state in the Kings Beach Statebegin delete Recreationalend deletebegin insert Recreationend insert Area, in the County of Placer. The bill would require that the real property conveyed be operated, maintained, and improved by the North Tahoe Public Utility District for public recreation purposes, as defined.begin insert
The bill would authorize the department, if it determines the North Tahoe Public Utility District is not using the property in a manner consistent with the conditions of use specified in the bill, after providing the district with written notice, including a description of the inconsistent use, and a reasonable opportunity for the district to correct the identified inconsistent use, to access and take possession of the property, and resume operating the property on a year-round basis, consistent with those conditions for use, at which time title to the property would revert to the state.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5003.20 is added to the Public Resources
2Code, to read:
(a) Notwithstanding the provisions of Division 3
4(commencing with Section 11000) of Title 2 of the Government
5Code that relate to the disposition of state-owned real property,
6the director may grant to the North Tahoe Public Utility District,
7subject to the conditions set forth in this section, all of the rights,
8title, and interest of the state in the Kings Beach State Recreation
9Area, in the County of Placer.
10(b) The grant shall be subject to all of the following conditions:
11(1) The real property conveyed shall be operated, maintained,
12and improved by the North Tahoe Public Utility District for public
13recreation
purposes in perpetuity, consistent with any covenants,
14
conditions, and restrictions in the deed transferring the property.
15The North Tahoe Public Utility District shall operate and keep
16open the property and its parking facilities on a year-round basis.
17(2) The North Tahoe Public Utility District shall pay the
18department fair market value, in accordance with mutually agreed
19upon terms, for the real property conveyed and as restricted by
20paragraph (1). The fair market value shall be determined by an
21appraisal that is reviewed and approved by the Department of
22General Services.
23(3) At the option of the state, the real property conveyed shall
24revert to the state if the real property is not used for public
25recreation purposes.
26(4)
end delete
27begin insert(2)end insert The North Tahoe Public Utility District shall take the
28property as is and assume responsibility for compliance with the
29begin insert federalend insert Americans with Disabilities Act of 1990, as amended (42
30U.S.C. Sec. 12101 et seq.).
31(3) If the department determines that the North Tahoe Public
32Utility District is not using the property in a manner consistent
33with the conditions for use set forth in this subdivision, the
P3 1department may, after providing the district with written notice,
2including a description of the inconsistent use, and a reasonable
3opportunity to correct the identified inconsistent use, access and
4
take possession of the property and resume operating the property
5on a year-round basis, consistent with the above conditions, at
6which time title to the property shall revert to the state.
7(c) The Legislature finds and declares that the transfer to the
8North Tahoe Public Utility District of the real property described
9in subdivision (a) and subject to the conditions specified in
10subdivision (b) is excepted from the provisions of Section 5096.516
11in accordance with paragraph (3) of subdivision (c) of Section
125096.516.
13(d) For purposes of this sectionbegin insert,end insert “public recreation purposes”
14includes, but is not limited to, beach use, use of parking facilities
15for eventsbegin insert
and other uses within the North Tahoe Event Center
16operated by the North Tahoe Public Utility District Recreation
17and Parks Department, use of parking facilitiesend insert by community
18residents, visitors, and concessionaires, and other uses appropriate
19to generate funding to support those uses on the property.
O
97