SECTIONS 5038-5038.3 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5038-5038.3

5038. (a) It is hereby declared to be the policy of the State of
California to establish and preserve, as a unique historical and
cultural resource for the people of the state, the Mexican and early
California cultural and interpretive traditions and heritage of El
Pueblo de Los Angeles, as well as to promote the restoration and
preservation of the landmarks and buildings of the El Pueblo de Los
Angeles State Historic Park. This policy is to be guided by the
general plan for the park and implemented in accordance with the
historical structures reports on the park approved by the state.
(b) The Legislature recognizes that the existing concessionaires
of Olvera Street have made historically significant contributions and
that they represent a unique human and cultural resource as
stipulated in the park's general plan. Therefore, it is the purpose
of this article to develop a procedure which takes into consideration
the need for competition in granting concessions as well as the
long-term contributions on the part of, and the benefits that may be
received in the future by retaining, existing concessionaires.

5038.1. The parties to the joint powers agreement of April 1, 1974,
and to subsequent amendments to the agreement regarding the El
Pueblo de Los Angeles State Historic Park, being the City of Los
Angeles, the County of Los Angeles, and the state through the
Department of Parks and Recreation, shall jointly develop a viable
procedure and enter into an agreement for the awarding of concessions
which would preserve and further the cultural continuity and
physical integrity of the Olvera Street portion of the park. In
developing the procedure, the parties shall take into consideration
the need for competition in granting concessions with the long-term
contributions on the part of, and the benefits to be received in the
future by retaining, existing concessionaires.

5038.2. (a) Notwithstanding any other provision of this chapter or
any other provision of law, the length of the term of any concession
contract or approval within the El Pueblo de Los Angeles State
Historic Park in effect on the effective date of this section shall,
at the request of the concessionaire, be extended by the department
or its designee until January 1, 1989. Any contract extended pursuant
to this subdivision shall be renegotiated, if necessary, to ensure
that the rental rates in the contract on January 1, 1988, accurately
reflect current commercial rental market rates.
(b) The Director of Parks and Recreation shall prepare a progress
report on the status of the negotiations with the City of Los Angeles
to arrange for a long-term administration of the El Pueblo de Los
Angeles State Historic Park by either the City of Los Angeles or the
state, and the administration of a concession operation therein by a
master concessionaire, and shall submit the report to the Legislature
on or before July 1, 1988.
(c) Notwithstanding any provision of this chapter or any provision
of law except subdivisions (b), (c), and (d) of Section 5080.20, if
applicable, any concession contract or approval extended or
renegotiated pursuant to subdivision (a) or (b) may be superseded by
the agreement to implement the procedure specified in Section 5038.1,
when that agreement is executed and approved by the state.

5038.3. "Concession," as used in this article, does not include
those premises at El Pueblo de Los Angeles State Historic Park which
are primarily rented and used for offices, banking, or storage.