SECTIONS 32565-32580 - California Statutes

PUBLIC RESOURCES CODE

SECTION 32565-32580

32565. The jurisdiction of the conservancy shall include only 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.

32565.5. The conservancy shall do all of the following:
(a) Develop and coordinate an integrated program of resource
stewardship so that the entire Baldwin Hills area is managed for
optimum recreational and natural resource values based upon the needs
and desires of the surrounding community.
(b) Establish policies and priorities within the Baldwin Hills
area, and conduct any necessary planning activities in accordance
with the purposes set forth in Section 32555.
(c) Give priority to related projects that create expanded
opportunities that provide recreation, aesthetic improvement, and
wildlife habitat in the Baldwin Hills area.
(d) Approve conservancy funded projects that advance the policies
and proprieties set forth in this division.
(e) Enter into a memorandum of understanding with the Department
of Parks and Recreation that would require the conservancy and the
department to cooperate in the sharing of technical assistance, data,
and information.
(f) Upon submission to the Legislature of the master plan required
to be prepared pursuant to subdivisions (b) and (c) of Section 1 of
Chapter 752 of the Statutes of 1999 by the Secretary of the Resources
Agency and the Director of Parks and Recreation, the conservancy
shall, by May 1, 2002, approve the master plan, and prioritize and
implement both of the following in accordance with the master plan
and with the master plan recommendations:
(1) The acquisition of additional recreational and open space and
a plan for the management of lands under the jurisdiction of the
conservancy, including additional or upgraded facilities and parks
that may be necessary or desirable.
(2) The planned conveyance of lands acquired and restored, or
lands acquired, restored, and developed, to the Department of Parks
and Recreation or to any other public agency once the acquisition and
improvements have been finalized. The transfer shall be subject to
the approval of the Secretary of the Resources Agency. The secretary
may require all lands and facilities subject to transfer to be
repaired, replaced, or rehabilitated to a fully operable condition,
prior to the transfer occurring.
(g) Any proposed operating agreement, or an amendment to an
agreement, for the Kenneth Hahn State Recreation Area between the
Department of Parks and Recreation and any local operating agency
that would affect the conservancy shall be submitted to the
conservancy at least 90 days prior to the proposed effective date of
the agreement to enable the conservancy to provide input, as
appropriate.

32566. The conservancy may direct the management, operation,
administration, and maintenance of 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 shall 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. The conservancy shall have the first right of refusal to
acquire, at the cost of acquisition, surplus public lands suitable
for park and open space within the conservancy's territory, and may
accept private or public lands offered for recreational trails.

32568. (a) The conservancy may, within the Baldwin Hills area,
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 shall
be directed by the conservancy and undertaken by other public
agencies, with the conservancy providing overall coordination through
setting priorities for projects and assuring uniformity of approach.
(b) The conservancy shall not, under any circumstances, extend the
road designated as "Stocker Street" to Overland Avenue or to any
street within the boundaries of Culver City without the prior written
approval of the city council.

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 conservancy may acquire property at fair market value and
consistent with the Property Acquisition Law (Part 11 (commencing
with Section 15850) of Division 3 of Title 2 of the Government Code),
except that the acquisition price of lands acquired from public
agencies may be based on the public agencies' cost to acquire the
land.
(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. (a) Local public agencies may enter into an agreement to
transfer responsibility for the management of the land located within
the Baldwin Hills area to the conservancy.
(b) Local public agencies shall retain exclusive authority over
all zoning or land use regulations within their jurisdiction.

32572. The conservancy shall restrict access on acquired lands that
are unsuitable for parks and open-space use by entering into
temporary agreements with other state or local public agencies for
the protection of public health and safety, resource management and
protection, and security.

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 that provide 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) Review the master plan required pursuant to subdivisions (b)
and (c) of Section 1 of Chapter 752 of the Statutes of 1999 and
implement prioritization for the acquisition and operation of
additional recreational and open-space needs, including additional or
upgraded facilities and parks that may be necessary or desirable.

32574. (a) The conservancy may fix and collect fees for the use of
any land owned or controlled, or for any service provided, by the
conservancy. No fee shall exceed the cost of maintaining and
operating the land or of providing the service for which the fee is
charged.
(b) The fee revenue and all other revenue received pursuant to
this division 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.
(c) Nothing in this act changes the Kenneth Hahn State Recreation
Area's status to receive funds as part of the state parks system.

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 assist with conservancy projects and the maintenance of
conservancy lands.

32577. The conservancy shall coordinate its actions with state and
local public safety 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. The conservancy may sue and be sued.

32580. This division shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.