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AB-3028 State parks: Will Rogers State Beach and Dockweiler State Beach: County of Los Angeles: grants in trust of state beaches.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3028:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3028


Introduced by Assembly Member Bloom

February 21, 2020


An act to add Section 5002.65 to the Public Resources Code, relating to state parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 3028, as introduced, Bloom. State parks: Will Rogers State Beach and Dockweiler State Beach: County of Los Angeles: grants in trust of state beaches.
Existing law requires the Director of Parks and Recreation, upon the adoption of a specified resolution by the County of Los Angeles, to grant to the County of Los Angeles, in trust for the people of California, all of the rights, title, and interest of the State of California in specified state beach property.
This bill would, upon adoption of a resolution of acceptance by the Board of Supervisors of the County of Los Angeles, require the director to grant to the County of Los Angeles, at no cost to the county, in trust for the people of the State of California, and subject to specified conditions, all of the rights, title, and interest of the state in Will Rogers State Beach and Dockweiler State Beach. The bill would condition that grant upon the express condition that the county use, operate, and maintain the beaches for public access, recreation, and beach purposes in perpetuity. The bill would provide for the power of termination of the grant for a material breach of conditions, as provided. The bill would provide that any operating agreement between the state and the City of Los Angeles pertaining to the beaches, in existence at the time of the grants, shall be terminated by operation of law upon the conveyance of the beaches to the county.
This bill would make legislative findings and declarations as to the necessity of a special statute pertaining to Will Rogers State Beach and Dockweiler State Beach and the County of Los Angeles.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 5002.65 is added to the Public Resources Code, immediately following Section 5002.6, to read:

5002.65.
 (a) Upon the adoption of a resolution of acceptance pursuant to subdivision (g), the director shall grant to the County of Los Angeles, at no cost to the county, in trust for the people of the State of California, and subject to the conditions set forth in this section, all of the rights, title, and interest of the State of California in lands, and improvements thereon, generally described as follows, and more particularly described in the deed:
(1) Parcel 1. Approximately ____ acres of improved land, known as Will Rogers State Beach.
(2) Parcel 2. Approximately ____ acres of improved land, known as Dockweiler State Beach.
(b) (1) The grants in trust for the people of the State of California made pursuant to subdivision (a) shall be made upon the express condition that the County of Los Angeles shall use, operate, and maintain the granted lands and improvements thereon for public access, recreation, and beach purposes in perpetuity. The County of Los Angeles shall not make or permit any other use of the granted lands and improvements. Any violation of this prohibition or any violation of subdivision (e) shall constitute a breach of conditions for purposes of paragraph (2).
(2) Upon a material breach of any condition of a grant made pursuant to this section that is determined by a court of competent jurisdiction to have been made intentionally, the State of California shall terminate the interest of the County of Los Angeles in the granted lands and improvements pursuant to Chapter 5 (commencing with Section 885.010) of Title 5 of Part 2 of Division 2 of the Civil Code. Upon exercise of the state’s power of termination in accordance with Section 885.050 of the Civil Code, all rights, title, and interest of the County of Los Angeles in the granted lands and improvements shall terminate and revert to, and rest in, the state.
(3) Notwithstanding Section 885.030 of the Civil Code, the state’s power of termination pursuant to paragraph (2) shall remain in effect in perpetuity.
(c) Any operating agreement between the State of California and the City of Los Angeles pertaining to the real property described in subdivision (a), in existence at the time of the grants, shall be terminated by operation of law upon the conveyance of the real property to the County of Los Angeles.
(d) There is hereby excepted and reserved to the State of California from the grants made pursuant to subdivision (a) all mineral deposits, as defined in Section 6407, that lie below a depth of 500 feet, without surface rights of entry.
(e) The transfer of all rights, title, and interest in the lands and improvements described in subdivision (a) shall be subject to both of the following restrictions, which shall be specified in each deed:
(1) Any new or expanded development shall be limited on the granted property to projects that provide for the convenience of the general public in the use and enjoyment of the granted property and shall be consistent with the use, operation, and maintenance of the granted lands and improvements as required pursuant to subdivision (b). For purposes of this paragraph, “project” means the whole of an action that constitutes the entirety of the particular type of new construction, alteration, or extension or betterment of an existing structure.
(2) The granted lands and improvements may not be subsequently sold, transferred, or encumbered. For purposes of this paragraph, “encumbered” includes, but is not limited to, mortgaging the property, pledging the property as collateral, or any other transaction under which the property would serve as security for borrowed funds. Any lease of the granted lands or improvements shall only be consistent with the public recreation and beach purposes of this section.
(3) Notwithstanding paragraphs (1) and (2), the deed for the conveyance of Will Rogers State Beach shall contain a provision that permits the continued operation and future redevelopment of a food service concession in the location of the current, as of January 1, 2020, concessionaire known as Gladstones Restaurant.
(f) As an alternative to the exercise of the power of termination for a material breach of conditions, each condition set forth in this section shall be enforceable as a covenant and equitable servitude through injunction for specific performance issued by a court of competent jurisdiction.
(g) This section shall become operative only if the Board of Supervisors of the County of Los Angeles adopts a resolution accepting the fee title grants, in trust for the people of the State of California, in accordance with this section, of the lands and improvements described in subdivision (a).

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable to Will Rogers State Beach and Dockweiler State Beach and the County of Los Angeles.