San Diego River ConservancyPowers 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.
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.
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.
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.
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.
Section § 32644
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Section § 32655
This section grants the conservancy comprehensive authority to do whatever is needed to fulfill its objectives, unless specific exceptions are stated elsewhere.
Section § 32656
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.