SECTIONS 32639-32656 - California Statutes

PUBLIC RESOURCES CODE

SECTION 32639-32656

32639. The conservancy shall establish and maintain an office
within the area. The conservancy may rent or own real and personal
property and equipment pursuant to applicable statutes and
regulations. The conservancy may not levy a tax or regulate land use.

32640. All meetings of the governing board are subject to the
Bagley-Keene Open Meeting Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code).

32641. The governing body shall determine the qualification of, and
shall appoint, the executive officer of the conservancy and shall
employ other necessary staff persons to execute the powers and duties
of the conservancy in accordance with the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5 of Title 1 of
the Government Code).

32642. The conservancy may do any of the following to assist in the
decisionmaking process for the purposes of this division:
(a) Establish advisory boards or committees.
(b) Engage in public outreach.

32643. The conservancy may do both of the following to provide
necessary services:
(a) Select and hire private consultants or contractors.
(b) Enter into memorandums of understanding with state and local
public agencies.

32644. The jurisdiction of the conservancy is limited to the San
Diego River Area.

32645. The conservancy may take any of the following actions for
the purposes of this division:
(a) Select and acquire real property or interests in real property
in the name of the state pursuant to the Property Acquisition Law
(Part 11 (commencing with Section 15850) of Division 3 of Title 2 of
the Government Code).
(b) Acquire interests in land by various means, including, but not
limited to, land exchanges, easements, development rights, life
estates, leases, and leaseback agreements.
(c) Accept and hold real property or an interest in real property
that is acquired through gift, exchange, donation, or dedication.
(d) Local public agencies shall retain exclusive authority over
all zoning or land use regulations within their jurisdiction.

32646. Notwithstanding any other provision of law, the conservancy
has the first right of refusal to acquire any public lands that are
suitable for park and open space within the conservancy's
jurisdiction when those lands become available. The conservancy may
not exercise the power of eminent domain.

32647. The conservancy may designate or enter into an agreement
with any public agency to provide real estate services, and may
assign authority to execute agreements for the acquisition or
disposal of real property or interests in real property.

32648. Notwithstanding any other provision of law, the conservancy
may not enter into an option to purchase land in fee simple or a
lesser interest for an amount in excess of three hundred thousand
dollars ($300,000).

32649. (a) The conservancy may award grants to any local public
agency, state agency, and nonprofit organization consistent with the
purposes of this division.
(b) A grant from the conservancy to a nonprofit organization for
the acquisition of real property or an interest in real property is
subject to all of the following conditions:
(1) The purchase price of any interest in land acquired may not
exceed fair market value, as established by an appraisal that is
approved by the conservancy.
(2) The conservancy shall approve the terms under which the
interest in land is acquired.
(3) An interest in land acquired through the use of a grant may
not be used as security for any debt to be incurred by the nonprofit
organization.
(4) A transfer of land acquired through the use of a grant is
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient to
protect the interest of the people of the state.
(5) The state shall have the right of entry and power of
termination over any interest in real property acquired with state
funds, and may exercise those rights if any material term or
condition of the grant is violated.
(6) If the nonprofit organization ceases to exist for any reason,
the title to all interests in real property acquired with state funds
shall immediately vest in the state, except that, prior to that
termination, any other public agency or nonprofit organization may
receive, upon approval by the conservancy, title to all or a portion
of that interest, by recording a written acceptance of title and the
conservancy's written approval with the county recorder's office of
the county with jurisdiction over the property.
(c) Any deed or other instrument of conveyance evidencing the
final acquisition of real property by a nonprofit organization
pursuant to this section shall be recorded with the county recorder's
office in the county with jurisdiction over the property, and shall
detail the states right of entry and power of termination of any
interest in the property.

32650. Notwithstanding any other provision of law, the conservancy
may lease, rent, sell, exchange, or otherwise transfer any real
property or interest in real property that is acquired under this
division to a local public agency, state agency, federal agency,
nonprofit organization, individual, corporate entity, or partnership
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.

32651. The conservancy may take any of the following actions for
the purposes of this division:
(a) Initiate, negotiate, and participate in agreements for the
management of land under its ownership or control with a local public
agency, state agency, federal agency, nonprofit organization,
individual, corporate entity, and partnership, and enter into any
other agreement authorized by state or federal law.
(b) Improve and develop lands for the purpose of protecting the
natural environment or otherwise meeting the purposes of this
division.
(c) Merge or split parcels, adjust boundary lines, or take similar
actions as part of the acquisition of land, or as needed in order to
facilitate the management of land under its ownership or control.
(d) Fix and collect fees for any service rendered by the
conservancy. The amount of the fee may not exceed the reasonable cost
of providing the service rendered by the conservancy.

32652. The conservancy may receive any gift, donation, subvention,
grant, rent, royalty, and other financial aid and funds from any
private or public source, or both.

32653. (a) The conservancy may develop and coordinate an integrated
program of resource stewardship to manage the entire San Diego River
Area in a manner that balances the recreational needs of the
surrounding communities with strong protection of the area's natural
resources.
(b) The conservancy shall establish policies and priorities within
the San Diego River Area, and conduct any necessary planning
activities in accordance with the purposes of this division.
(c) The conservancy shall establish priorities to be given to
projects that create or enhance opportunities that provide
recreation, aesthetic improvement, wildlife habitat, wetlands
protection, water quality, and natural flood control in the San Diego
River Area.

32654. (a) The conservancy, in consultation with other public
agencies with appropriate jurisdiction and expertise, may do all of
the following for any degraded area:
(1) Undertake site improvement projects.
(2) Regulate public access.
(3) Provide for restoration and rehabilitation.
(b) The conservancy may upgrade deteriorating facilities, and
construct new facilities as needed for outdoor recreation, nature
appreciation and interpretation, and natural resource protection.

32655. The conservancy has, and may exercise, all rights and
powers, expressed or implied, necessary to carry out the purposes of
this division, except as otherwise provided.

32656. The conservancy may sue and be sued.