Bill Text: CA AB64 | 2011-2012 | Regular Session | Amended
Bill Title: State parks: closure: operating agreements.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB64 Detail]
Download: California-2011-AB64-Amended.html
BILL NUMBER: AB 64 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2011
INTRODUCED BY Assembly Member Jeffries
( Principal coauthor: Assembly Member
Nestande )
( Coauthors: Assembly Members
Cook and Miller )
( Coauthor: Senator Dutton
)
DECEMBER 9, 2010
An act to add Section 5080.42 5080.30.1
to the Public Resources Code, relating to state parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 64, as amended, Jeffries. State parks: California
Citrus State Historic Park closure : operating
agreement. agreements.
Existing law authorizes the Department of Parks and Recreation to
enter into an agreement with an agency of the United States, a city,
county, district, or other public agency, or any combination thereof,
for the care, maintenance, administration, and control of lands of
the state park system.
This bill would require the department to enter into an operating
agreement with the City of Riverside for the development,
improvement, restoration, care, maintenance, administration, and
control of California Citrus State Historic Park. The bill would
require that the agreement contain certain provisions. The bill also
would require that, notwithstanding the existence of the operating
agreement, the park remain eligible for any grants or funding for
which the park was eligible prior to the agreement.
This bill would make a statement of legislative findings and
declarations, including the intent of the Legislature to encourage
the department to actively seek to negotiate operating agreements
with local governments, who have the interest and capacity to assist
the state in operating a state park, to minimize the number of state
parks that could otherwise be subject to closure due to the budget
challenges facing the state.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5080.30.1 is added to the
Public Resources Code , to read:
5080.30.1. The Legislature finds and declares all of the
following:
(a) With possible future state budget reductions, the Department
of Parks and Recreation may be closing parks across the state.
Intergovernmental partnerships, including operating agreements with
local governments, is one tool that can assist the state in keeping
parks open and accessible to the public.
(b) In light of the budget challenges facing the state that could
lead to state park closures, it is the intent of the Legislature to
encourage the Department of Parks and Recreation to actively seek to
negotiate operating agreements with local governments, wherever they
may be located in the state, who have the interest and capacity to
assist the state in operating a state park, to minimize the number of
state parks that could otherwise be subject to closure.
SECTION 1. The Legislature finds and declares
all of the following:
(a) California Citrus State Historic Park located in the City of
Riverside opened to the public in 1993 and its visitor center opened
to the public in 2003.
(b) The City of Riverside worked in conjunction with the
Department of Parks and Recreation, with the city as lead, in
administering the design and construction of Phase I and Phase II of
the visitor center.
(c) With possible future state budget reductions, the Department
of Parks and Recreation may be shuttering parks across the state and
California Citrus State Historic Park is anticipated to be on the
closure list.
(d) The City of Riverside is prepared to prevent even a short-term
closure of California Citrus State Historic Park by assuming full
responsibility for the maintenance and operation of this significant
regional asset.
(e) The City of Riverside is willing to memorialize its long-term
commitment to operating and investing in the long-term enhancement of
California Citrus State Historic Park by entering into a 25-year
operating agreement to assume all responsibilities for the park.
(f) The City of Riverside will ensure consistency with the state's
mission statement for the ongoing operation of California Citrus
State Historic Park. The city is uniquely suited to enhance the
visitor experience at California Citrus State Historic Park by
expanding highly successful programming to that location to include
summer concerts, special events, walking groups, and expansion of
education programs in conjunction with the city's museum department.
(g) The City of Riverside is confident that California Citrus
State Historic Park will become an even more significant regional
attraction under the city's stewardship. The city's commitment to
assist the State of California in achieving the full potential for
California Citrus State Historic Park will complement the state's
overall success in providing park experiences of nationwide renown.
SEC. 2. Section 5080.42 is added to the Public
Resources Code, to read:
5080.42. (a) Notwithstanding any provision of this article, the
department shall enter into an operating agreement with the City of
Riverside for the development, improvement, restoration, care,
maintenance, administration, and control of California Citrus State
Historic Park. The agreement shall include, but is not limited to,
all of the following:
(1) Execution of an operating agreement granting control of the
park to the city for one dollar ($1) per year for a term of 25 years
with an automatic renewal of the operating agreement after each
25-year period, unless the department or the city decides not to
renew the operating agreement at least six months before the
expiration of the existing operating agreement. The terms of renewal
shall take into consideration the state's ability to assume
operations and maintenance at the levels achieved under the city's
stewardship at the time of the operating agreement termination.
(2) Imposition of full and complete responsibility on the city for
all costs of maintenance of the park, including existing and future
facilities, fixtures, grounds, and amenities, throughout the term of
the operating agreement and periods of extension.
(3) A requirement that the city, the department, and the
California Citrus State Historic Park Nonprofit Management
Corporation collaborate on programming at the park, for example,
recreational activities, educational programs, facility rentals, and
special events.
(4) A requirement that the city obtain the department's approval
before making a capital improvement to, or changing the physical
space of, the park, that is not consistent with the California Citrus
State Historic Park general plan.
(5) A requirement for appropriate reciprocal indemnifications.
(6) A requirement that the park continue to be designated and
promoted as a unit within the state park system.
(7) A requirement that the city not impose a charge for general
admission to the park.
(b) Notwithstanding the existence of the operating agreement, the
park shall be eligible for any grants or funding for which the park
was eligible prior to the agreement.
(c) The department and the city shall consider the impact on park
vendors of a proposed closure of the park or a proposed alteration of
the operating agreement.
(d) The operating agreement does not affect the classification of
the park as a unit of the state park system. The signs for the park
shall continue to reflect the state park nature of the park.
