Bill Text

Bill Information


Add To My Favorites | print page

AB-2674 State park system: Asilomar Conference Grounds: Hollister Hills State Vehicular Recreation Area.(1993-1994)

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB2674:v90#DOCUMENT

Assembly Bill No. 2674
CHAPTER 798

An act to add Sections 5080.24 5080.25, and 5090.41 to the Public Resources Code, relating to the state park system, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 27, 1994. Approved by Governor  September 25, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2674, Cortese. State park system: Asilomar Conference Grounds: Hollister Hills State Vehicular Recreation Area.
(1)  Under existing law, the Department of Parks and Recreation may enter into contracts for the operation of concessions within units of the state park system subject to specified requirements. On March 22, 1994, the department canceled a contract between the state and the Pacific Grove-Asilomar Operating Corporation for the operation of concessions at the Asilomar Conference Grounds, effective January 31, 1995.
This bill would authorize the department to enter into an interim agreement, based on the prior contract, modified as prescribed, until the department awards a contract, as described.
The bill would require the department to enter into a concession contract for the Asilomar Conference Grounds subject to the requirements imposed by existing law governing concession contracts, except as otherwise specified. The bill would prohibit the contract from being advertised for bid, negotiated, renegotiated, or amended in any material respect unless it has been submitted to the Legislature for review. The bill would set forth various terms of the contract. The bill would require the contract to provide for open meetings and to provide that records be public, as described.
The bill would also require the department, for the purpose of ensuring that all bidders are afforded an equal opportunity to compete for the contract, to consider the estimated amount of fees or taxes that might be paid to the state or to a local government by a bidder as a result of the contract among those factors used to evaluate the bidder’s bid or proposal for the contract. The bill would require the department to consult with the Department of Finance and the Board of Equalization to obtain information necessary to estimate the amount of fees or taxes that might be paid by a bidder as a result of the contract.
The bill would require any revenues received by the department pursuant to the contract that are identified by the department as funds in excess of the approved operating and capital improvement budgets to be deposited in the State Parks and Recreation Fund. The bill would require the department to submit a request for proposal for the contract to certain committees of the Legislature for review. (2)  The Off-Highway Motor Vehicle Recreation Act of 1988 provides for the acquisition, operation, and funding of state off-highway vehicular recreation areas and trails in the state park system.
This bill would require certain lands within the Hollister Hills State Vehicular Recreation Area to be managed, as specified.
(3)  The bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:


SECTION 1.

 Section 5080.24 is added to the Public Resources Code, to read:

5080.24.
 (a)  The department may enter into an interim agreement with the Pacific Grove-Asilomar Operating Corporation on the same basis as the cancelled contract, except that it shall be modified as specified by subdivisions (b) to (e), inclusive, until the department awards a contract pursuant to Section 5080.25.
(b)  Any interim agreement pursuant to subdivision (a) shall provide that the amount of compensation received by the general manager of the Pacific Grove-Asilomar Operating Corporation shall be subject to determination by the Legislature in the annual Budget Act.
(c)  Any interim agreement pursuant to subdivision (a) shall require the Pacific Grove-Asilomar Operating Corporation to continue to set rates and to take reservations for dates beyond the date for which the interim agreement is operative.
(d)  Any interim agreement pursuant to subdivision (a) shall provide that the meetings of the board of directors of the Pacific Grove-Asilomar Operating Corporation shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 or Part 1 of Division 3 of Title 2 of the Government Code) and the board of directors shall be considered a state body under Section 11121.2 of the Government Code.
(e)  Any interim agreement pursuant to subdivision (a) shall provide that all business and financial records of the Pacific Grove-Asilomar Operating Corporation, including existing records, but not including records that would be personal information under Section 1798.3 of the Civil Code if maintained by an agency, shall be treated as public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The term “employment contract” as used in Section 6254.8 of the Government Code shall be deemed to mean an employment contract between the Pacific Grove-Asilomar Operating Corporation and its employee.

SEC. 2.

 Section 5080.25 is added to the Public Resources Code, to read:

5080.25.
 (a)  The department shall enter into a contract for the construction, maintenance, and operation of concessions at the Asilomar Conference Grounds. The contract shall be awarded pursuant to this article, except this section shall prevail in case of conflict between this section and this article.
(b)  The contract shall not be advertised for bid, negotiated, renegotiated, or amended in any material respect unless it has been submitted to the Legislature for review.
(c)  The contract shall require the concessionaire to pay for administrative costs, capital expenditures, and department staff necessary for the operation of, and improvements to, the Asilomar State Beach and Conference Center, including restoration projects.
(d)  The contract shall require all capital improvements to the Asilomar State Beach and Conference Center to be solely the property of the state.
(e)  The contract shall require the concessionaire to honor all rates and reservations made by the Pacific Grove-Asilomar Operating Corporation under the interim agreement described in Section 5080.24.
(f)  The contract shall require the concessionaire to give preference to the employees of the Pacific Grove-Asilomar Operating Corporation when staffing the operation of the concessionaire.
(g)  The contract shall emphasize the importance of protecting the natural and cultural values of the Asilomar State Beach and Conference Center.
(h)  In awarding the contract, the department shall consider bids or proposals from both nonprofit and for-profit entities.
(i)  If the contract is awarded to a concessionaire governed by a board of directors, the contract shall require the department to be present at meetings of the board of directors relating to the construction, maintenance, finances, or operation of concessions at the Asilomar Conference Grounds, and shall require those meetings to be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). If the contract is awarded to a concessionaire that is not governed by a board of directors, the contract shall require the concessionaire to hold quarterly meetings at the Asilomar Conference Grounds, relating to the construction, maintenance, finances, or operation of concessions at the Asilomar Conference Grounds, at which the department shall be present, that shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(j)  The contract shall provide that all business and financial records of the concessionaire relating to the construction, maintenance, or operation of concessions at the Asilomar Conference Grounds, including existing records, but not including records that would be personal information under Section 1798.3 of the Civil Code if maintained by an agency, shall be treated as public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The term “employment contract” as used in Section 6254.8 of the Government Code shall be deemed to mean an employment contract between the concessionaire and its employee.
(k)  In awarding the contract, the department shall consider without prejudice any bid or proposal submitted by the Pacific Grove-Asilomar Operating Corporation.
( l)  The department shall, for the purpose of ensuring that all bidders are afforded an equal opportunity to compete for the contract, consider the estimated amount of fees or taxes that might be paid to the state or to a local government by a bidder as a result of the contract among those factors to be used to evaluate the bidder’s bid or proposal for the contract. The department shall consult with the Department of Finance and the Board of Equalization to obtain information necessary to estimate the amount of fees or taxes that might be paid by a bidder as a result of the contract.
(m)  Any revenues received by the department pursuant to the contract that are identified by the department as funds in excess of the approved operating budget and the approved capital improvement budget for the Asilomar Conference Grounds shall be deposited in the State Parks and Recreation Fund.
(n)  On or before January 1, 1995, the department shall submit a request for proposal for the contract to the Assembly Water, Parks, and Wildlife Committee, the Senate Natural Resources Committee, the Assembly Ways and Means Committee, and the Senate Budget and Fiscal Review Committee for review.

SEC. 3.

 Section 5090.41 is added to the Public Resources Code, to read:

5090.41.
 The following lands within the Hollister Hills State Vehicular Area shall be managed, as follows:
(a)  The division shall designate and set aside 280 acres for nature study, which shall be closed to the operation of off-highway motor vehicles. The division shall, in carrying out this subdivision, protect the natural and cultural values of the designated lands by taking appropriate measures, which may include the erection of physical barriers to off-highway vehicle use.
(b)  The division shall identify approximately 395 acres as a “Buffer Zone” on the Record of Survey filed by the State of California with the County Recorder of San Benito County, California, on April 2, 1990, in the Book of Maps, Number 10, Page Number 79, plus the three southernmost areas, consisting of approximately 196 acres identified on Figure I-2, Page 5, Appendix, Environmental Impact Report for Acquisition of Additional Land at Hollister Hills SVRA, State Clearinghouse Number 88051716, which shall be closed to the operation of off-highway motor vehicles.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the interests of the people of the state of California at the Asilomar Conference Grounds, and to ensure that the public and the state park system receive a benefit from the operation of the Asilomar Conference Grounds, it is necessary that this act take effect immediately.