The conservancy shall establish an office within the San Diego River watershed. The conservancy may rent or own real and personal property and equipment pursuant to applicable statutes and regulations. The conservancy shall not levy a tax or regulate land use.
Chapter 3Powers and Duties
Section § 32639
This section outlines that the conservancy must set up an office in the San Diego River watershed area. It can also rent or own property and equipment as allowed by relevant laws and rules. However, the conservancy is not permitted to impose taxes or control how land is used.
San Diego River watershed conservancy office property rental real property ownership personal property ownership equipment ownership property regulations tax restrictions land use regulation conservancy authority watershed management environmental management conservancy limitations real estate holdings office establishment
Section § 32640
This law states that any meetings held by the governing board must comply with the Bagley-Keene Open Meeting Act. This means these meetings have to be open to the public, ensuring transparency and accountability.
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).
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Section § 32641
The governing body decides who is qualified to be the executive officer of the conservancy and appoints that person. They also hire other staff needed to help run the conservancy, following the rules of the State Civil Service Act.
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).
governing body executive officer conservancy staff appointment qualification State Civil Service Act staff employment government hiring employee duties civil service compliance staff powers personnel management conservancy operations
Section § 32642
The conservancy has the flexibility to form advisory boards, panels, or committees, as well as conduct public outreach to help make informed decisions under this division.
The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:
(a)CA Public Resources Code § 32642(a) Establish advisory boards, panels, or committees.
(b)CA Public Resources Code § 32642(b) Engage in public outreach.
conservancy decision-making advisory boards committees public outreach decision-making process establish panels assist decision-making community engagement input gathering public participation engage public consultative process stakeholder involvement community advisory
Section § 32643
This law allows the conservancy, which is a type of organization responsible for preserving certain natural resources, to carry out its work by doing three main things. First, it can hire private consultants or contractors for specialized services. Second, the conservancy can collaborate with state and local agencies, and other organizations through formal agreements called memorandums of understanding. Lastly, it can form partnerships with other entities using joint powers agreements, which allow different agencies to work together legally and effectively.
The conservancy may do any of the following to provide necessary services:
(a)CA Public Resources Code § 32643(a) Select and hire private consultants or contractors.
(b)CA Public Resources Code § 32643(b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.
(c)CA Public Resources Code § 32643(c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
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Section § 32644
The conservancy's authority only extends to the area surrounding the San Diego River.
The jurisdiction of the conservancy is limited to the watershed of the San Diego River.
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Section § 32645
This law allows a conservancy to take certain actions related to land and property for conservation purposes. It can choose and buy property in the state's name and work with public agencies or partners especially if the property is threatened by development. The conservancy can acquire land interests through various methods like exchanges, easements, and leases. It can also hold land through acquisitions, gifts, and donations. However, local public agencies maintain control over zoning and land use regulations in their areas.
The conservancy may take any of the following actions for the purposes of this division:
(a)CA Public Resources Code § 32645(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). The conservancy may coordinate the acquisition with public agencies or partner
organizations if the site is under immediate development pressure.
(b)CA Public Resources Code § 32645(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)CA Public Resources Code § 32645(c) Accept and hold real property or an interest in real property that is acquired through acquisition, gift, exchange, donation, or dedication.
(d)CA Public Resources Code § 32645(d) Local public agencies shall retain exclusive authority over all zoning or land use regulations within their jurisdiction.
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Section § 32646
This law states that the conservancy has the primary opportunity to buy public lands within its area that are suitable for parks or open spaces, whenever those lands become available. However, the conservancy is not allowed to use eminent domain, meaning they cannot force a sale of these lands.
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.
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Section § 32647
This law allows the conservancy to either appoint or make agreements with public agencies to handle real estate matters. They can also give these agencies the power to make deals related to buying or selling property or any property interests.
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.
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Section § 32648
This section states that the conservancy cannot agree to buy land or any lesser interest in the land for more than $300,000.
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).
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Section § 32649
This law allows the conservancy to give grants to various public and nonprofit organizations to acquire real property or interests in it, provided the purpose aligns with the division's goals. When awarding these grants, several conditions apply: the purchase price cannot exceed the appraised fair market value, and the acquisition terms must be approved by the conservancy. The acquired property cannot be used as loan collateral, and any transfer requires conservancy approval and an agreement ensuring state interests. The state has rights to enter and terminate agreements if grant conditions are breached. If the grantee dissolves, property titles immediately transfer to the state, unless another approved public agency or nonprofit takes over. Failure to meet grant conditions may require repayment, and all property acquisitions must be documented with local county records, noting the state's rights.
(a)CA Public Resources Code § 32649(a) The conservancy may award grants to any local public agency, state agency, joint powers agency, special district, tribal nation, and nonprofit organization consistent with the purposes of this division.
(b)CA Public Resources Code § 32649(b) A grant from the conservancy to an entity described in subdivision (a) for the acquisition of real property or an interest in real property is subject to all of the following conditions:
(1)CA Public Resources Code § 32649(b)(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)CA Public Resources Code § 32649(b)(2) The conservancy shall approve the terms under which the interest in land is acquired.
(3)CA Public Resources Code § 32649(b)(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 entity.
(4)CA Public Resources Code § 32649(b)(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)CA Public Resources Code § 32649(b)(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)CA Public Resources Code § 32649(b)(6) If the entity receiving the grant 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.
(7)CA Public Resources Code § 32649(b)(7) If the terms and conditions of the grant are not met, the conservancy may seek repayment of moneys granted pursuant to that grant.
(c)CA Public Resources Code § 32649(c) Any deed or other instrument of conveyance evidencing the final acquisition of real property by an entity 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 state’s right of entry and power of termination of any interest in the property.
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Section § 32650
This law allows the conservancy to transfer property it acquires - by leasing, renting, selling, or exchanging - to various entities like public agencies, nonprofits, or individuals for management purposes.
The conservancy can set the terms and conditions for these transactions, and it can ask the Director of General Services to handle these transactions on its behalf.
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.
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Section § 32651
This section explains that a conservancy in California can manage and protect lands by doing several things. It can make agreements with various agencies, organizations, and individuals to manage the lands it owns or controls. The conservancy can also work on projects to improve, develop, and preserve these lands to protect resources in the San Diego River area, such as wetlands and parks. Furthermore, it can adjust land boundaries to help manage its lands better and charge fees for services, provided these fees are not more than the service cost.
The conservancy may take any of the following actions for the purposes of this division:
(a)CA Public Resources Code § 32651(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, tribal nation, individual, corporate entity, and partnership, and enter into any other agreement authorized by state or federal law.
(b)CA Public Resources Code § 32651(b) Improve, develop, and preserve lands for the purpose of protecting the natural, cultural, and
historical resources, or otherwise meeting the purposes of this division. Those purposes include protecting environmental resources by preserving and enhancing the state’s most valuable natural resources in the San Diego River area, including natural lands such as wetlands, watersheds, wildlife habitat, and other wildlands, recreation lands such as parks, trails, greenbelts, and other open-space lands, and landscapes with locally unique features and areas identified by the state as deserving special protection.
(c)CA Public Resources Code § 32651(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)CA Public Resources Code § 32651(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.
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Section § 32652
This law allows the conservancy to accept money and financial support from both private and public sources. This can include gifts, donations, rents, grants, and royalties.
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.
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Section § 32653
This law gives the San Diego River Area Conservancy the ability to develop and manage a plan that balances the recreational needs of nearby communities with protecting the area's natural environment. It requires the conservancy to set up policies and prioritize projects that focus on recreation, aesthetic enhancements, wildlife habitats, wetland protection, water quality, and flood control.
(a)CA Public Resources Code § 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)CA Public Resources Code § 32653(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)CA Public Resources Code § 32653(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.
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Section § 32654
The conservancy, working with other public agencies, can undertake various activities to improve degraded areas. These activities include site improvement projects, regulating public access, and restoring and rehabilitating these areas. Additionally, the conservancy is allowed to upgrade existing facilities or build new ones to support outdoor recreation, nature appreciation, and the protection of natural resources.
(a)CA Public Resources Code § 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)CA Public Resources Code § 32654(a)(1) Undertake site improvement projects.
(2)CA Public Resources Code § 32654(a)(2) Regulate public access.
(3)CA Public Resources Code § 32654(a)(3) Provide for restoration and rehabilitation.
(b)CA Public Resources Code § 32654(b) The conservancy may upgrade deteriorating facilities, and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resource protection.
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Section § 32655
This section grants the conservancy comprehensive authority to do whatever is needed to fulfill its objectives, unless specific exceptions are stated elsewhere.
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.
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Section § 32656
This law section states that the conservancy has the legal right to initiate lawsuits and can also be sued in court.
The conservancy may sue and be sued.
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Section § 32656.1
This law requires a conservancy to submit a detailed report to the Governor and Legislature by January 1 of every odd-numbered year, starting in 2017. The report must include a summary of projects funded or managed, their costs, and progress toward achieving the conservancy's goals over the past two years.
Moreover, it should offer suggestions for legislative action to improve the conservancy's effectiveness and include a summary of a specific program. The report must comply with Section 9795 of the Government Code for submission procedures.
(a)CA Public Resources Code § 32656.1(a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:
(1)CA Public Resources Code § 32656.1(a)(1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.
(2)CA Public Resources Code § 32656.1(a)(2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.
(3)CA Public Resources Code § 32656.1(a)(3) Recommendations regarding legislative action
that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.
(4)CA Public Resources Code § 32656.1(a)(4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).
(b)CA Public Resources Code § 32656.1(b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.
conservancy report project funding legislative recommendations program summary progress report resource allocation odd-numbered years Government Code Section 9795 two-year review mission objectives reporting requirements
