SECTIONS 33200-33215 - California Statutes

PUBLIC RESOURCES CODE

SECTION 33200-33215

33200. (a) The Santa Monica Mountains Conservancy is hereby
established within the Resources Agency. The conservancy is composed
of nine voting members and three ex officio members. The voting
members are as follows:
(1) The Superintendent of the Santa Monica Mountains National
Recreation Area, or his or her designee.
(2) A member representing the City of Los Angeles, appointed by
the mayor with the approval of the city council.
(3) Three public members who shall be residents of either the
County of Los Angeles or the County of Ventura, one of whom shall be
appointed by the Governor, one of whom shall be appointed by the
Senate Committee on Rules, and one of whom shall be appointed by the
Speaker of the Assembly. At least one of the public members shall
reside within the San Fernando Valley statistical area, as defined in
Section 11093 of the Government Code. The seat of a public member
shall be deemed vacant if the member changes his or her residence to
a county other than Los Angeles or Ventura County.
(4) An elected official who is a representative nominated by the
city councils of those cities which have at least 75 percent of their
areas within the zone who shall be appointed by the Board of
Supervisors of the County of Los Angeles or a member appointed by the
Board of Supervisors of the County of Los Angeles, or that member's
designee.
(5) An elected official who is either a member of the City Council
of the City of Thousand Oaks or a member of the Board of Supervisors
of the County of Ventura and who shall be appointed by the Board of
Supervisors of the County of Ventura, or the elected official's
designee.
(6) The Secretary of the Resources Agency or an employee of the
agency designated by the secretary.
(7) The Superintendent of the Angeles District of the Department
of Parks and Recreation, or his or her designee.
(b) (1) (A) The California Coastal Commission and the State
Coastal Conservancy shall each appoint an ex officio member who shall
be either a member or employee of their respective agency. The ex
officio member appointed by the California Coastal Commission and the
State Coastal Conservancy shall be nonvoting members, except that
the ex officio member appointed by the State Coastal Conservancy may
vote on any matter relating to a project undertaken within the
coastal zone portion of the zone.
(B) On the 10th working day after certification pursuant to
Chapter 6 (commencing with Section 30500) of Division 20 of any local
coastal program, or any portion thereof, for any portion of the
zone, the ex officio member appointed by the California Coastal
Commission may vote on any matter relating to a project undertaken
within the coastal zone portion of the zone and the ex officio member
appointed by the State Coastal Conservancy may not vote on the
matter.
(2) The Supervisor of the Angeles National Forest shall also serve
as an ex officio, nonvoting member of the conservancy.
(c) The chairperson and vice chairperson of the conservancy shall
be selected by the voting members of the conservancy for a one-year
term. A majority of the total authorized and appointed voting
membership of the conservancy constitutes a quorum for the
transaction of any business under this division.
(d) (1) The following members of the conservancy shall be
compensated for attendance at regular meetings of the conservancy at
the rate of one hundred dollars ($100) per day:
(A) The public members.
(B) The member appointed by the Board of Supervisors of the County
of Los Angeles or that member's designee, unless the member or
designee is also a member of the board of supervisors, in which case
no compensation shall be paid.
(C) The member appointed by the Board of Supervisors of the County
of Ventura or that member's designee, unless the member or designee
is also a member of a board of supervisors, in which case no
compensation shall be paid.
(D) The members appointed by the State Coastal Conservancy and the
California Coastal Commission if these members are not employees of
their respective agency or are not full-time compensated elected
officials.
(E) The appointed member representing the City of Los Angeles.
(2) All members of the conservancy shall be reimbursed for actual
and necessary expenses, including travel expenses, incurred in the
performance of their duties.

33200.1. Three Members of the Senate, appointed by the Senate
Committee on Rules, and three Members of the Assembly, appointed by
the Speaker of the Assembly, shall meet with the conservancy on a
regular basis and participate in its activities, to the extent that
such participation is not incompatible with their respective
positions as Members of the Legislature.

33200.5. Notwithstanding any other provision of law, placement of
the conservancy within the Resources Agency shall not confer upon the
Secretary of the Resources Agency any authority to approve or deny
specific projects proposed to be undertaken by the conservancy,
except pursuant to his or her membership in the conservancy as
provided in paragraph (6) of subdivision (a) of Section 33200, nor
shall it restrict the conservancy from carrying out the purposes of
this division.

33201. (a) The State Coastal Conservancy, pursuant to Division 21
(commencing with Section 31000), has the prime responsibility for
carrying out projects identified in certified local coastal programs
for jurisdictions within the coastal zone portion of the zone, and
the Santa Monica Mountains Conservancy has the prime responsibility
pursuant to this division to undertake projects within the coastal
zone portion of the zone that implement the park, recreation,
conservation, and open-space provisions of the plan.
(b) This section does not affect any project undertaken by the
Santa Monica Mountains Conservancy or the State Coastal Conservancy
prior to January 1, 1983, nor shall this section be construed to
affect the existing review and approval powers of the California
Coastal Commission.
(c) The State Coastal Conservancy does not have jurisdiction in
the zone outside the coastal zone portion of the zone.

33202. The conservancy may apply for grants from any source to be
used for the purposes of this division, and shall apply for all
grants authorized pursuant to Section 507 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460kk). The proceeds of such grants
shall be deposited in the separate federal grant account in the
fund.

33203. The conservancy may acquire, pursuant to subdivision (e) of
Section 33207.5 and the Property Acquisition Law (Part 11 (commencing
with Section 15850) of Division 3 of Title 2 of the Government
Code), real property or any interests therein, including development
rights and easements for all the purposes specified in this division.
For purposes of this section, the State Public Works Board may use
the power of eminent domain. Notwithstanding other provisions of law,
the Director of General Services, when so requested by the
conservancy and when the conservancy finds it necessary to meet the
provisions of this division, shall, without delay, lease, rent, sell,
transfer, or exchange any land or interests therein acquired
pursuant to this division. Any moneys received by the state, upon
disposition of lands acquired pursuant to this division, shall be
deposited in the fund and shall be available for the purposes of this
division.
The Department of General Services and the conservancy shall
jointly develop and implement appropriate procedures to insure that
land acquisitions, options to purchase, land disposals, and other
property transactions under this division are carried out
efficiently, equitably, and with proper notice to the public.
The conservancy may coordinate with the Department of Parks and
Recreation any acquisition with park and recreation development
potential and may contract with the Department of Parks and
Recreation as necessary in order to do so.
The conservancy may, by interagency agreement, cooperate with
resource conservation districts in order to carry out the purposes
and objectives of this division.

33203.1. Notwithstanding Section 33203 or any other provision of
this division, the executive director of the conservancy shall give
notice of any proposed acquisition of real property, or of any
interest in real property, by eminent domain to the city council of
the city in which the property is located, or to the board of
supervisors of the county in which the property is located if it is
in an unincorporated area, at least 45 days prior to the conservancy
requesting any action by the State Public Works Board pursuant to
Section 15854 of the Government Code. If the city council or board of
supervisors disapproves of the proposed action, the conservancy
shall hold a noticed public hearing on the objections to the use of
eminent domain prior to any vote recommending that action by the
State Public Works Board.

33203.5. Notwithstanding any other provision of this division, the
conservancy may acquire and improve real property, or any interests
therein, anywhere within the zone upon a finding that the action is
consistent with the plan. If the proposed acquisition or improvement
is within the coastal zone, the executive director of the conservancy
shall submit the proposal to the State Coastal Conservancy for
review at least 60 days prior to approval by the conservancy. If the
State Coastal Conservancy has not, within 60 days from the date of
submission, acted to disapprove the proposed acquisition or
improvement on the grounds that the project is in conflict with or
would jeopardize an approved project of the State Coastal Conservancy
or a proposed project as identified in a written preproject
feasibility report as adopted by the State Coastal Conservancy, the
acquisition or improvement may proceed pursuant to this section.

33204. The conservancy may, in accordance with the priorities of
the plan, do the following:
(a) Award grants or make interest-free loans to cities, counties,
resource conservation districts, and recreation and park districts
for the purpose of restoring areas which, because of scattered
ownerships, poor lot layout, inadequate lot size, inadequate park and
open space, incompatible land uses, or other conditions, are
adversely affecting the Santa Monica Mountains environment or are
impeding orderly development. Any funds over and above eligible
project costs which remain after completion of a restoration under
this subdivision shall be transmitted by the city, county, resource
conservation district, or recreation and park district, as the case
may be, to the state and deposited in the fund and shall be available
for expenditure, when appropriated by the Legislature, for the
purposes of funding the programs specified in this division.
(b) Undertake, or award grants or make interest-free loans to any
state agency, city, county, resource conservation district, or
recreation and park district for the purposes of undertaking, the
acquisition of critically needed buffer zones to ensure that the
character and intensity of development surrounding lands acquired by
the federal government as part of the Santa Monica Mountains National
Recreation Area is generally compatible with, and does not adversely
impact, the recreational and natural resource values of the national
recreation area. In the acquisition of interests pursuant to this
subdivision, the conservancy shall place principal reliance on
acquisition of development rights and other less than fee interests.
(c) Award grants to state agencies, cities, counties, resource
conservation districts, and park and recreation districts for the
purpose of acquiring sites identified as necessary for park,
recreation, or conservation purposes and for development of essential
related public facilities.
(d) Acquire, or award grants or make interest-free loans to other
state agencies, cities, counties, resource conservation districts,
and recreation and park districts for the purpose of acquiring, sites
identified as necessary for park, recreation, or conservation
purposes, when a state or local agency is unable, due to limited
financial resources or other circumstances of a temporary nature, to
acquire the site. Priority shall be given under this subdivision to
sites under immediate development pressure. Fee title and options to
purchase may be acquired and the land may be held for subsequent
conveyance to the appropriate public agency if the conservancy finds
that the site would otherwise be lost to public use. Repayment of any
loans or other reimbursements to the conservancy for projects funded
from the federal grant account of the fund under this subdivision
shall be deposited in the account and may be used for the purposes of
this division when authorized by the Secretary of the Interior.
(e) Award grants to cities, counties, or state agencies for the
purpose of enhancing of resources which, because of improper location
of improvements, or incompatible land uses, have suffered loss of
natural and scenic values. Grants under this subdivision shall be
utilized for the assembly of parcels of land to improve resource
management, for relocation of improperly located or designated
improvements, and for other corrective measures which will enhance
the natural and scenic character. Grants under this subdivision may
not be utilized as a method of acquisition of public park, wildlife,
or natural areas, except as such uses may be incidental.
(f) The conservancy may act pursuant to subdivisions (a) and (b)
of this section only if it finds that the local regulatory provisions
do not adequately accomplish the objectives of such subdivisions.
The conservancy may act pursuant to subdivisions (a), (c), and (e)
of this section only if the project is not a more intense land use
than is consistent with the local area and general plans of the city
or county having jurisdiction over the affected land. The conservancy
may undertake a project itself or award a grant or make a loan
pursuant to subdivision (b) only if it notifies the governing body of
the city or county in whose jurisdiction the project is located and
the governing body has not, by a four-fifths vote, disapproved the
project. If the governing body does not disapprove a project within
45 days after receiving notice of the project proposal from the
conservancy, the project shall be deemed approved by the governing
body.

33204.2. (a) The conservancy may award grants to nonprofit
organizations qualified as exempt organizations under Section 501(c)
(3) of the Internal Revenue Code of 1954 (26 U.S.C. Sec. 501(c)(3)),
and private educational institutions that file the statement with the
Superintendent of Public Instruction required by Section 33190 of
the Education Code, to carry out improvements, maintenance,
acquisitions, or educational interpretation programs that directly
relate to a project that the conservancy is otherwise authorized to
undertake pursuant to this division.
(b) Grants awarded pursuant to this section are subject to the
review and approval of the Department of General Services. The
conservancy shall not award a grant under this section for a project
that is not for the purposes specified in subdivision (a). No
nonprofit organization may expend any portion of a grant to engage in
any activity not expressly authorized pursuant to subdivision (a).
(c) The executive director shall submit a notice to the Department
of Finance 30 days prior to award of a grant under this section. The
notice shall specify the recipient organization, the amount to be
granted, and the purposes for which the grant is awarded. The period
for notice under this subdivision may be concurrent with the review
of the Department of General Services under subdivision (b).

33204.27. (a) The conservancy may award grants to school districts
and other local agencies for any of the purposes for which it may
award grants to nonprofit organizations pursuant to subdivision (a)
of Section 33204.2.
(b) Grants awarded to school districts pursuant to subdivision (a)
shall be subject to both of the following conditions:
(1) The grants shall not include cash grants of state funds.
(2) Grants permitting the use of facilities shall be limited to
facilities that are owned by the conservancy.

33204.3. (a) The Legislature finds and declares all of the
following:
(1) The existing parks and open space owned by federal, state, and
local agencies within the Rim of the Valley Trail Corridor, as
defined in Section 33105.5, are important recreational and
environmental resources for the people of California, especially
residents of the San Fernando, La Cresenta, and San Gabriel Valleys,
and it is in the public interest to facilitate the connection of
existing parks and open-space resources and to provide for further
improvement of underutilized public easements and other existing
public open spaces.
(2) There is a need for overall trail and recreational access
planning and coordination between the 11 local agencies, two joint
powers park agencies, two state agencies, and three federal agencies
with jurisdiction over lands in the Rim of the Valley Trail Corridor.
(b) The conservancy, using the voluntary cooperation of
governmental jurisdictions within the corridor, shall prepare and
adopt a coordinated trail development plan and recreational access
program for the Rim of the Valley Trail Corridor that includes, but
is not necessarily limited to, all of the following:
(1) Identification of major hiking and equestrian trails and
important secondary and feeder trails that cross jurisdictional
lines, and a priority program for improving those trails.
(2) Identification of special purpose trails, where appropriate,
for special population groups and special user groups, such as
mountain bicycles where the special purpose trails will have no
significant environmental impact.
(3) Identification of, and a priority program for implementing,
those additional recreation access needs, including new or expanded
trails that should be added to the Rim of the Valley Trail Corridor,
and additional or upgraded facilities, parks, or open spaces that may
be necessary.
(4) Identification of underused existing public open spaces and
recommendations for providing better public use and enjoyment of
these areas.
(c) Notwithstanding Section 33105.5, the conservancy may make
minor boundary changes to the Rim of the Valley Trail Corridor solely
for the purpose of implementing the plan prepared pursuant to this
section. Any boundary change shall be in the form of maps and
descriptions which shall be included in the plan submitted pursuant
to subdivision (d) and shall be filed with the Secretary of State not
later than July 31, 1990.
(d) The conservancy shall hold at least one public hearing in each
city and the unincorporated area of each county within the Rim of
the Valley Trail Corridor prior to the submission of the plan and
program pursuant to this subdivision. The plan and program prepared
under subdivision (b), and any changes to the corridor boundary,
shall be coordinated with each affected jurisdiction prior to
adoption by the conservancy. The plan and program shall be submitted
to the Assembly Committee on Natural Resources and the Senate
Committee on Natural Resources and Wildlife at least 30 days prior to
the approval of any acquisition or improvement under the plan or
program pursuant to this division, but not later than June 30, 1990.
(e) Upon adoption by a local government of the plan and program
prepared under this section, the plan and program shall be part of
the plan that the local government implements for purposes of
compliance with Section 33009.

33204.4. (a) The Legislature finds and declares all of the
following:
(1) The boundary of the Rim of the Valley Trail Corridor should be
determined exclusively upon the best scientific and resource-based
information regarding trail, recreational, and environmental
resources in the area.
(2) Landowners, local government entities, members of the public,
and other affected parties should be afforded maximum participation
in the process by which the Rim of the Valley Trail Corridor is
delineated.
(b) (1) Notwithstanding the requirements of Section 33105.5, if
the conservancy determines, based on relevant scientific information
and land use planning studies, and after holding at least one public
hearing in the area that would be affected by a revision of the
boundaries of the Rim of the Valley Trail Corridor, that a boundary
revision in the vicinity of the City of Santa Clarita, including
Whitney Canyon, Elsmere Canyon, and their adjacent watersheds, is
necessary, the executive director shall prepare and file with the
Secretary of State, the Assembly Committee on Natural Resources and
the Senate Committee on Natural Resources and Water, a revised map
showing the changes in the boundaries of the Rim of the Valley Trail
Corridor.
(2) A revised map prepared pursuant to paragraph (1) shall be
supported by relevant scientific information and be in accordance
with the purposes and objectives of Section 33204.3.
(3) (A) An owner of property located in Elsmere Canyon, at any
time, may request of the conservancy, in writing, that his or her
property be included within the boundaries of the Rim of the Valley
Trail Corridor. Upon receipt of the request, the conservancy may, in
accordance with the procedures prescribed in paragraphs (1) and (2),
revise the map showing the boundaries of the Rim of the Valley Trail
Corridor to include within the corridor the property in Elsmere
Canyon that is the subject of the request.
(B) Subparagraph (A) does not affect the inclusion of the property
in the corridor pursuant to other provisions of this section or
other provisions of law.
(c) Notwithstanding Section 33201, this section does not affect
the jurisdiction of the State Coastal Conservancy.

33204.5. (a) The conservancy shall conduct a study and implement a
program to provide recreational access from downtown Los Angeles and
the inner city to the zone in order to provide recreational
opportunities for all income and ethnic groups wishing to enjoy the
Santa Monica Mountains. In undertaking the study, the conservancy
shall cooperate with the National Park Service, the El Pueblo de Los
Angeles State Historic Park Advisory Committee, the Department of
Parks and Recreation, and the City of Los Angeles.
(b) The executive director of the conservancy shall file by June
30, 1983, with the Secretary of State and the City Council of the
City of Los Angeles a map showing a feasible recreational trail
corridor between El Pueblo de Los Angeles State Historic Park and
Griffith Park.

33204.7. On January 1, 1984, the Department of Parks and Recreation
shall transfer Fryman Canyon, which was acquired pursuant to Section
4 of Chapter 809 of the Statutes of 1980, to the conservancy. Fryman
Canyon shall be deemed to have been acquired by the conservancy
pursuant to Section 33204, but may be transferred by the conservancy
only to the National Park Service, without payment of any
compensation, in accordance with Section 33205.

33205. The conservancy shall not hold lands acquired in accordance
with subdivision (d) of Section 33204 more than 10 years from the
time of acquisition. A city, county, recreation and park district,
the National Park Service, or a state agency may acquire the land any
time during that period for park, recreation, or resource
preservation purposes. The acquisition price to the agencies shall be
based upon the cost of acquisition under this division, plus
administrative and management costs in reserving the land, unless the
conservancy determines that the agency will operate and maintain the
property for park, recreation, or resource preservation purposes in
accordance with standards set by the conservancy, and that the
property will not be converted to other uses without the approval of
the conservancy. In the cases where the conservancy makes this
determination, it may transfer the property without consideration or
it may set another acquisition price as mutually agreed upon by the
parties. However, in any case where there is a transfer without
consideration, or where the consideration is less than acquisition
and administrative and management costs, the property shall first be
offered to the Department of Parks and Recreation, and, if the
department is unwilling or unable to accept the property, the
conservancy may then transfer or sell the property to a city, county,
recreation and park district, or the National Park Service pursuant
to this section. The conservancy shall include in each instrument
transferring title of state property to the National Park Service a
provision which assures that the property is operated in a manner
suitable for park, recreation, or resource preservation purposes. The
conservancy shall include in each instrument transferring title of
state property to a state or local agency a provision for reversion
of the property to the state if the property ceases to be used for
park, recreation, or resource preservation purposes. Lands acquired
under subdivision (d) of Section 33204 shall not be disposed of
pursuant to Section 11011.1 of the Government Code.
If, at the expiration of the 10-year period, no agency is willing
or able to acquire the lands, the conservancy shall request the Real
Estate Services Division of the Department of General Services to
dispose of the lands at fair market value subject to restrictions
that are consistent with this division.
Any funds received by the state upon disposition of lands acquired
in accordance with subdivision (a) or (d) of Section 33204 shall be
deposited in the fund and shall be available for the purposes of this
division. Any funds received by the state under this section upon
disposition of lands acquired with funds granted pursuant to Section
507(n) of the National Parks and Recreation Act of 1978 (16 U.S.C.
Sec. 460kk(n)) shall be deposited in the federal grant account in the
fund and shall be available for the purposes of this division when
authorized by the Secretary of the Interior.

33205.5. (a) Notwithstanding any other provision of law, concurrent
with the transfers described in subdivision (b), the Department of
Parks and Recreation shall transfer Stunt Ranch, which was acquired
pursuant to Section 3 of Chapter 1305 of the Statutes of 1980, to the
conservancy, and Stunt Ranch shall be deemed to have been acquired
by the conservancy pursuant to Section 33204. Subject to the approval
of the Director of Parks and Recreation, the conservancy, not sooner
than January 1, 1986, may transfer in fee only to the National Park
Service to be used for the benefit of the state park system, without
payment of compensation, in accordance with Section 33205 of the
Public Resources Code, that portion of Stunt Ranch not transferred to
the regents pursuant to subdivision (c), subject to rights reserved
to the regents by subdivision (c). If operating funds for Stunt Ranch
become available to the Department of Parks and Recreation prior to
a transfer to the National Park Service, the conservancy shall, upon
the request of the Director of Parks and Recreation, retransfer the
property, without payment of compensation, to the Department of Parks
and Recreation and the property shall be operated as a unit of the
state park system, subject to rights reserved to the regents by
subdivision (c).
(b) If the conservancy acquires property of the regents commonly
known as "362 acres more or less in Upper Temescal Canyon" (hereafter
called Upper Temescal Canyon) and "40 acres more or less in Arroyo
Sequit" (hereafter called Arroyo Sequit property), the executive
director, on behalf of the conservancy, shall do the following:
(1) Transfer Upper Temescal Canyon to the Department of Parks and
Recreation as an addition to Topanga State Park.
(2) Offer to transfer, without compensation, the Arroyo Sequit
property to the Department of Parks and Recreation for state park
system purposes. If the department does not accept the offer of the
Arroyo Sequit property within a reasonable time, the conservancy may
transfer the Arroyo Sequit property in fee to the National Park
Service to be used for the benefit of the state park system, without
payment of compensation, in accordance with Section 33205.
(c) If the conservancy acquires the properties specified in
subdivision (b) by March 1, 1984, the executive director of the
conservancy shall transfer in fee that portion of Stunt Ranch as may
be needed by the regents for scientific and educational purposes,
upon terms mutually agreed upon by the executive director, on behalf
of the conservancy, and the regents. The Department of General
Services shall appraise Upper Temescal Canyon, the Arroyo Sequit
property, and the Stunt Ranch property and the costs of the appraisal
shall be borne equally by the conservancy and the regents. The
executive director, on behalf of the conservancy, the Director of
Parks and Recreation, and the regents shall each certify that the
properties transferred to and offered to the Department of Parks and
Recreation pursuant to subdivision (b) are of equivalent value to
that portion of Stunt Ranch transferred to the regents pursuant to
this subdivision. Subject to the approval of the Director of Parks
and Recreation, the executive director shall also execute an
agreement with the regents, which shall be effective upon execution,
for the use of such other areas of Stunt Ranch as may be necessary
for scientific and educational purposes. The agreement may provide
that any transfer of other portions of Stunt Ranch to the National
Park Service or to the Department of Parks and Recreation shall
reserve to the regents the right to continue scientific and
educational use under substantially the same conditions as existed
prior to the transfer.
(d) The Legislature finds and declares that the transfers of and
reservations of rights in, property provided for by this section are
in the public interest, further the objectives of, and benefit, the
state park system, and further the interest in protecting the Santa
Monica Mountains Zone as declared in Section 33001.
(e) In the event of any conflict between Sections 92671 to 92673,
inclusive, of the Education Code and this section, the provisions of
this section shall prevail.
(f) Notwithstanding the provisions of the Property Acquisition Law
(Part 11 (commencing with Section 15850) of Division 3 of Title 2 of
the Government Code) and any other provision of law, the executive
director of the conservancy may take such actions as are necessary to
carry out the provisions of this section.

33206. The conservancy may lease lands acquired in accordance and
for purposes consistent with this division. Revenue from leases of
land acquired with funds granted pursuant to Section 507(n) of the
National Parks and Recreation Act of 1978 (16 U.S.C. Sec. 460kk(n))
shall be deposited in the federal grant account in the fund and shall
be available for the purposes of this division when authorized by
the Secretary of the Interior. When leases are made to private
individuals or private nonprofit tax-exempt organizations of lands
acquired pursuant to subdivision (d) of Section 33204, the
conservancy shall annually, upon appropriation of such amounts by the
Legislature, transfer 24 percent of the gross income of such leases
to the county in which such lands are situated.
The county shall distribute any payment received by it pursuant to
this section to itself, to each revenue district for which the
county assesses and collects real property taxes or assessments, and
to every other taxing agency within the county in which the property
is situated. The amount distributable to the county and each such
revenue district or other taxing agency shall be proportionate to the
ratio which the amount of the taxes and assessments of each on
similar real property similarly situated within that part of the
county embracing the smallest in the area of the revenue districts or
other taxing agencies other than the county, levied for the fiscal
year next preceding, bears to the combined amount of the taxes and
assessments of all such districts and agencies, including the county,
on such property levied for that year. The county auditor shall
determine and certify the amount distributable to the board of
supervisors, which shall thereupon order the making of the
distribution.
Any money distributed pursuant to this section to any county,
revenue district, or other taxing agency shall be deposited to the
credit of the same fund as any taxes or assessments on any taxable
similar real property similarly situated.
Where a county receives a payment pursuant to this section in an
amount of twenty-five dollars ($25) or less in respect to any parcel
of leased property, all of such payment shall be distributed to the
county for deposit in the county general fund.

33207. (a) Areas offered for open-space dedication or trail
easement by any person, and lands offered for sale because of tax
delinquency, shall not be lost to public use if they are necessary to
meet any of the provisions of this division. The conservancy shall
serve as a repository for these lands and interest in land and for
this purpose may accept dedication of fee title, easements,
development rights, or other interests.
(b) The conservancy shall have the first right of refusal on any
property within the zone presently owned by a public agency and
scheduled for disposal as excess lands, except where such lands are
designated for acquisition as a park or recreation area by a federal,
state, or local agency. The conservancy shall have the right to
acquire such lands at the disposing agency's purchase price plus any
administrative and management costs incurred by the disposing agency.
The disposing agency shall have the right of first refusal to
reacquire property which was acquired by the conservancy pursuant to
this division at the price paid by the conservancy before any
administrative costs incurred by the conservancy when the land is not
to be used for the purposes of this division and is to be sold by
the Real Estate Services Division of the Department of General
Services.

33207.1. (a) The conservancy shall, upon the request of a city or
county, waive subdivision (b) of Section 33207 if it finds any of the
following:
(1) The property is shown as commercial or manufacturing on the
general plan, area plan, or local coastal program of the city or
county having jurisdiction, whichever is applicable, on the date of
enactment of this section at the 1985-86 Regular Session of the
Legislature.
(2) The property is within the unincorporated area of a county
with a population exceeding 4,000,000 and is to be used for
affordable housing, as determined in paragraph (1) of subdivision (d)
of Section 52020 of the Health and Safety Code.
(b) Nothing in this division requires any local agency to declare
any property surplus.

33207.5. (a) The executive director, on behalf of the conservancy,
shall, contemporaneously with the Los Angeles Unified School District
completing all procedures and transfers in accordance with
subdivisions (b) and (c), waive and release all the conservancy's
right, title, or interest to purchase Los Angeles Unified School
District property pursuant to subdivision (b) of Section 33207, and
pursuant to any other statutory authority, wherever granted, to those
school sites commonly referred to as the Beverly Glen Midsite School
site, the property commonly referred to as the four recorded lots of
the Old Ranch Road School site, the property commonly referred to as
the South of Lanai Road School site, and any other school district
properties located within the zone, except that the conservancy shall
retain all rights to purchase the acreage parcel of the Old Ranch
Road School site as set forth in this section.
(b) The exemption in subdivision (a) shall become operative if the
Board of Education of the Los Angeles Unified School District,
referred to in this section as the Board of Education, within two
days of the effective date of this section, votes to offer to the
conservancy, and within five days of the effective date of this
section records in the office of the Los Angeles County Recorder, an
irrevocable offer to sell to the conservancy, at the original
purchase price, the Temescal Junior High School site; and records in
the office of the Los Angeles County Recorder an offer of a right to
purchase to the conservancy upon terms and procedures in accordance
with subdivision (d), a portion of the Old Ranch Road site described
as follows:
All that portion of blocks 39 and 43 lying within the Santa Monica
Land and Water Company Tract M.R. 78-44/49 owned by the Los Angeles
Unified School District, together with appurtenant access easements
along Old Ranch Road.
(c) The exemption in subdivision (a) shall only become operative
if the Board of Education, within two days of the effective date of
this section, approves a resolution of intention to sell the Old
Ranch Road site described in subdivision (b). The resolution to sell
shall direct publication of notice of the Board of Education's
intention to sell in a newspaper of general circulation published
within the Los Angeles Unified School District within 10 days of the
resolution and shall cause the notice to be published on at least
three occasions within a period of time of not less than 15 days. The
notice shall fix a date for the opening of bids not less than 21
days after the last publication. The bids shall be opened in public
in the offices of the real estate branch in accordance with the Los
Angeles Unified School District's procedure. The executive director
of the conservancy shall be advised of the bid opening and location
not less than seven days prior thereto. The resolution to sell and
notice shall state a minimum bid price of one million four hundred
thousand dollars ($1,400,000) cash sale, and close of escrow to occur
within 45 days of acceptance of the highest responsible bid by the
Board of Education. All bids shall be in writing and accompanied by a
deposit of not less than fifty thousand dollars ($50,000) in cash or
cashier's check.
(d) (1) Prior to accepting any responsible bid received pursuant
to subdivision (c), the Board of Education or its designee shall call
for oral bids. If, upon the call for oral bidding, any person offers
to purchase the property upon the terms and conditions specified in
the resolution, for a price exceeding by at least 5 percent the
highest written or previous oral proposal that is made by a
responsible person, that higher bid shall be designated as the
highest responsible bid if the oral bid is reduced to writing and
signed by the offeror and accompanied by a cashier's check or by cash
in an amount not less than fifty thousand dollars ($50,000).
(2) After determining the highest responsible bidder, the Board of
Education shall offer the Old Ranch Road School site described in
subdivision (b) to the conservancy at the price indicated in the
highest responsible bid as determined in subdivision (c) and this
subdivision, but at a price not less than one million four hundred
thousand dollars ($1,400,000). The offer shall be in writing and
shall remain open for a period of 10 days from the date that the
written offer is received by the conservancy. The executive director
of the conservancy shall have the right, against all others, to gain
the right to purchase the property at any time within the 10-day
period at the price of the highest responsible bid by communicating
to the Board of Education in writing.
(3) In the event the executive director of the conservancy
exercises the right to purchase pursuant to this section, the State
of California, Santa Monica Mountains Conservancy, shall receive a
conveyance of the property from the Board of Education by quit claim
deed if the State of California pays the Board of Education by
warrant or by cashier's check, the amount of the highest bid at any
time within a six-month period commencing with the date of the
receipt by the executive director of the conservancy of the Board of
Education's offer, as described in this subdivision.
(4) If the executive director of the conservancy does not, within
the 10-day period described in this subdivision, indicate his or her
intention to exercise the right to purchase the property, the Board
of Education may convey the property to the highest responsible
bidder. In the event the highest responsible bidder fails to complete
the purchase, the Board of Education shall offer the property to the
executive director of the conservancy in accordance with the
procedure set forth in this subdivision for each successive
responsible bid, but in no case shall the price to the conservancy be
less than one million four hundred thousand dollars ($1,400,000).
(5) Should the executive director of the conservancy indicate an
intention to exercise the right to purchase within the 10-day period,
but fail to pay the Board of Education the purchase price by warrant
of the State of California or cashier's check within the six-month
period, or the executive director of the conservancy fails to
exercise the right to purchase within the 10-day period and the
property is purchased by the highest responsible bidder, the
executive director of the conservancy shall execute a waiver and
release in accordance with subdivision (a) for the Old Ranch Road
site as described in subdivision (b).
(e) (1) In the event the conservancy does not acquire the portion
of the Old Ranch Road site described in subdivision (b) pursuant to
the procedure set forth in this section, and the conservancy has
released and waived its rights pursuant to subdivision (a), the Board
of Education may offer the Old Ranch Road site for purchase to the
highest responsible bidder on the same terms as determined pursuant
to this section, or should the responsible bidder no longer wish to
purchase the property, the Board of Education may offer the property
for sale pursuant to the provisions of the Education Code governing
the sale of surplus district property.
(2) Notwithstanding any other provision of law, the Board of
Education may adopt or approve any and all acts required by it to
carry out this section and may sell to the conservancy the real
property described as the Temescal Junior High School site at its
original purchase price in accordance with the procedures specified
in this section by an affirmative vote of five members of the Board
of Education. Further, notwithstanding the provisions of the Property
Acquisition Law (Part 11 (commencing with Section 15850) of Division
3 of Title 2 of the Government Code), and any other provision of
law, the executive director of the conservancy may take any actions
that are necessary to carry out this division.

33207.6. Notwithstanding any other provision of law, upon receipt
of a resolution of the Board of Education of the Las Virgenes Unified
School District, the conservancy shall exchange for the district,
under terms mutually agreed upon by the district and the conservancy,
an acceptable substitute property for excess school lands within the
zone now held by the district.

33207.7. Notwithstanding any other provision of the law, upon
mutual agreement of the conservancy and the governing body of each
local government or special district, conservancy funds provided to
that jurisdiction and proceeds of sales of excess properties acquired
from that jurisdiction shall be spent for purposes consistent with
open-space purposes within any area of that jurisdiction.

33208. The conservancy shall annually, beginning on January 1,
1981, transmit to the Governor and the Legislature a two-part report
as follows:
(a) The first part of the report shall include all of the
following:
(1) A listing of, and justification for, the projects proposed to
be undertaken pursuant to Section 33204, a statement of the condition
of the fund, and a certification by the conservancy that each of the
projects proposed to be funded are consistent with the plan.
(2) A priority listing of the projects that shall be developed
after public hearings and findings and with local government
coordination.
(3) A listing of the amount of money necessary, if any, to retire
bonded indebtedness for water and sewer and other utilities already
incurred by property owners which, if left outstanding, would
contribute to further development of the zone in a manner
inconsistent with the plan. Upon appropriation by the Legislature,
the conservancy may make grants from the fund to retire that bonded
indebtedness from any money specifically granted by the Secretary of
the Interior for that purpose.
(b) The second part of the report shall include all of the
following:
(1) A schedule of projects undertaken by the conservancy and a
schedule of grants and loans made by the conservancy.
(2) The program specified in Section 33204 under which each
project, grant, or loan was carried out and the manner and extent to
which the goals of the project, grant, or loan, and the goals of this
division, were achieved and the actual cost thereof, including an
accounting.
(3) A schedule of grants awarded to the conservancy and the
disposition of the funds granted.
(4) The disposition of the funds appropriated to the conservancy
in the fiscal year preceding the year in which the report is made.
(5) A review of local and state government actions taken to
implement the plan.
(6) An identification of additional funding, legislation, or other
resources required which would more effectively enable the
conservancy or local governments to carry out the purposes of this
division.

33209. Every project submitted for funding pursuant to Section
33208 shall have an adopted project plan developed by, or in
coordination with, the applicable local government or other state
agency. The conservancy shall by regulation specify the content of
project plans. Maximum public participation shall be afforded in the
development of project plans, including public hearings and findings.

33210. Upon the request of a city, county, or recreation and park
district within the zone, upon the request of the National Park
Service, or on its own initiative, the conservancy may, after public
hearings and findings, and consistent with this division, amend the
plan and submit it to the Secretary of the Interior for approval.
However, if the conservancy acts on its own initiative to
substantially amend the plan, the action shall be subject to the same
procedure for obtaining a resolution of intent to comply with the
plan from the affected jurisdiction as applied to the original
approval of the plan pursuant to Section 507(n)(3)(B) of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk(n)(3)(B)). The
findings shall provide that the amendments to the plan will not
adversely affect the health, safety, or welfare of persons residing
in the zone or of persons using the facilities located within the
zone.

33211. The conservancy may:
(a) Accept any gifts, donations, or bequests from individuals,
corporations, or organizations, or accept grants of funds from
private or public agencies. A gift of personal property otherwise
required to be approved by the Director of Finance pursuant to
Section 11005 of the Government Code is deemed approved, unless it is
disapproved within 60 days of receipt of a request from the
executive director of the conservancy to approve the gift. A gift of
real property shall be submitted by the executive director to the
Department of General Services for its review. The Department of
General Services shall complete its review within 30 days of receipt
of a completed request and shall transmit the request for approval to
the Director of Finance within that period. Unless the gift of real
property is disapproved by the Director of Finance within 30 days of
its receipt of the request, the gift is deemed approved pursuant to
Section 11005 of the Government Code.
(b) Contract for professional services required by the conservancy
or for the performance of work and services which in its opinion
cannot satisfactorily be performed by its officers and employees or
by other federal, state, or local governmental agencies.
(c) Do any and all other things necessary to carry out the
purposes of this division.
(d) Sue and be sued.

33211.5. (a) The following conditions of use apply to property
owned or subject to the management of the conservancy:
(1) Opening and closing hours shall be posted on any property upon
which public use is permitted.
(2) Property may be closed to public use only when fire, mudslide,
landslide, or flood dangers pose a substantial risk of injury or
loss of life, or when a federal, state, or local disaster or
emergency declaration has been made by an authorized person or public
agency, or where there is an emergency or potential emergency
situation of a temporary nature that involves substantial risk or
potential risk to life or property, and the temporary closure or
restriction of access is necessary to protect the public health and
safety.
Any property closed shall be reopened as soon as the fire,
mudslide, landslide, or flood dangers no longer pose a danger of
injury or loss of life, or when a federal, state, or local disaster
or emergency declaration is no longer in effect, or where there is no
longer an emergency or potential emergency situation of a temporary
nature that involves substantial risk or potential risk to life or
property.
(3) Vehicles shall park only in designated areas and may not be
operated off of roads or other areas designated for vehicle use. All
vehicle use, including bicycles, shall conform to posted signs.
(b) Trails, campsites, and other public use areas on property
owned or subject to the management of the conservancy shall be
designated and posted with prohibited activities and use restrictions
clearly indicated, including, but not limited to, the prohibition or
restriction of smoking, fires, fireworks, animals, possession of
dangerous weapons, or other activities that affect the safety of
visitors, campers, trail users, or the natural or historic resources
of the property.
(c) Determining and posting conditions of use pursuant to
subdivisions (a) and (b) may not be considered the adoption of
regulations within the meaning of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code).
(d) (1) The conditions of use and types of uses of property owned
or subject to the management of the conservancy are considered to be
of statewide significance. The types of uses and the management
policies affecting those uses shall be consistent with the policies
for permitted uses of lands within the state park system.
(2) Notwithstanding any other law, ordinance, rule, or regulation,
the conservancy may exercise its discretion in determining whether
to authorize any license, permit for special use, easement, project,
activity, or other entitlement to be undertaken by the conservancy or
its agents, for the use of conservancy owned or managed land. This
subdivision shall not be construed to restrict the authority of the
conservancy to lease lands consistent with the purposes of this
division and the requirements of Section 33206.

33211.6. (a) Dumping any refuse matter, except by permit signed by
the executive director or the executive director's authorized
representative, on property owned or managed by the conservancy, and
posted against that dumping, shall be a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000), or imprisonment
in the county jail for not more than six months, or both that fine
and imprisonment.
(b) Injuring, defacing, or destroying any property owned or
managed by the conservancy or any of the natural features thereof,
shall be a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or imprisonment in the county jail for not
more than six months, or both that fine and imprisonment.
(c) Violation of the posted conditions of use on any property
owned or managed by the conservancy is a misdemeanor punishable by
imprisonment in the county jail not exceeding 90 days, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment, except that at the time a particular action is
commenced, the judge may, considering the recommendation of the
prosecuting attorney, reduce the charged offense from a misdemeanor
to an infraction. Any person convicted of the offense after such a
reduction shall be punished by a fine of not less than one hundred
dollars ($100), nor more than five hundred dollars ($500).

33212. (a) The executive director of the conservancy shall be
exempt from civil service and shall be appointed by, and serve at the
pleasure of, the conservancy. The executive director serving on the
effective date of the amendments to this section enacted at the
1981-82 Regular Session of the Legislature shall continue to serve
until an appointment is made by the conservancy.
(b) The executive director shall administer the affairs of the
conservancy, employ staff, be responsible to the conservancy for
program performance, and shall be considered the head of a department
within the meaning of Chapter 2 (commencing with Section 11150) of
Part 1 of Division 3 of Title 2 of the Government Code.
(c) Notwithstanding any other provision of law, the status and
employment of any employee shall not be affected by the appointment
of a successor executive director as provided in subdivision (a)
until the State Personnel Board has acted under this subdivision. The
State Personnel Board shall endeavor to establish such classes of
state service as may in its judgment be necessary to ensure that the
provisions of this section do not disrupt the essential functions of
the conservancy.

33213. (a) The Santa Monica Mountains Conservancy Advisory
Committee is hereby created. The advisory committee consists of 26
members, as follows:
(1) Fifteen representatives of local governments from
jurisdictions including the Santa Monica Mountains, one of whom shall
be appointed by the Mayor of the City of Los Angeles, one of whom
shall be appointed by the Board of Supervisors of the County of Los
Angeles, one of whom shall be appointed by the City Council of the
City of Thousand Oaks, one of whom shall be appointed by the Board of
Supervisors of the County of Ventura, one of whom shall be appointed
by the City Council of the City of Agoura Hills, one of whom shall
be appointed by the City Council of the City of Westlake Village, one
of whom shall be appointed by the City Council of the City of
Malibu, one of whom shall be appointed by the City Council of the
City of Calabasas, one of whom shall be appointed by the City Council
of Burbank, one of whom shall be appointed by the City Council of
Glendale, one of whom shall be appointed by the City Council of La
Canada-Flintridge, one of whom shall be appointed by the City Council
of Pasadena, one of whom shall be appointed by the City Council of
Sierra Madre, one of whom shall be appointed by the City Council of
South Pasadena, and one of whom shall be appointed by the Board of
Supervisors of Los Angeles County to represent the unincorporated
communities within the jurisdiction of the East Rim of the Valley
Trail Corridor, after consultation with the Town Council of Altadena
and the Crescenta Valley Town Council.
(2) Six public members, two of whom shall be appointed by the
Governor, two of whom shall be appointed by the Senate Committee on
Rules, and two of whom shall be appointed by the Speaker of the
Assembly.
(3) One representative of the Rancho Simi Recreation and Park
District, to be appointed by the district board of directors.
(4) One representative of the Conejo Recreation and Park District,
to be appointed by the district board of directors.
(5) One representative of the Pleasant Valley Recreation and Park
District, to be appointed by the district board of directors.
(6) One representative of the City of Santa Clarita, to be
appointed by the city council.
(7) One representative of the City of Moorpark, to be appointed by
the city council.
(b) The appointing powers shall make every effort to ensure that
the ethnic and racial composition of the advisory committee reflects
the racial and ethnic composition of the population of the state.
(c) The advisory committee shall select from among its members a
chairperson and a vice chairperson.
(d) The members of the advisory committee shall serve without
compensation, but shall be reimbursed for necessary expenses incurred
in the performance of their duties.
(e) The advisory committee has the following duties:
(1) Propose and review projects for conservancy action and report
to the conservancy regarding the conformity of the projects with the
plan.
(2) Review proposed amendments to the plan.
(3) Provide opportunities for public participation.
(f) Twelve members of the advisory committee shall constitute a
quorum for the transaction of any business of the advisory committee.

33214. The conservancy and any city, county, or recreation and park
district, in undertaking any project pursuant to subdivision (a) of
Section 33204, shall be subject to the provisions of Division 24
(commencing with Section 33000) of the Health and Safety Code.

33215. The Santa Monica Mountains Conservancy Fund is hereby
established. Money deposited in the fund pursuant to Sections 33202,
33203, 33204, 33205, and 33206 shall be available for the purposes of
this division, upon appropriation therefor by the Legislature. A
separate federal grant account shall be established within the fund.
Grants received pursuant to Section 507(n) of the National Parks and
Recreation Act of 1978 (16 U.S.C. Sec. 460kk(n)) shall be deposited
in the separate federal grant account.