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SB-1028 State parks: Villa Montezuma: City of San Diego.(2021-2022)



Current Version: 04/06/22 - Amended Senate

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SB1028:v97#DOCUMENT

Amended  IN  Senate  April 06, 2022
Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1028

Introduced by Senator Hueso

February 15, 2022

An act to add Section 5021.1 to the Public Resources Code, relating to state historic parks.


LEGISLATIVE COUNSEL'S DIGEST


SB 1028, as amended, Hueso. State historic parks: Villa Montezuma. Montezuma: City of San Diego.
Existing law establishes in the Natural Resources Agency the Department of Parks and Recreation. Existing law establishes the State Historical Resources Commission and requires the commission to, among other things, recommend to the department the criteria and standards for acceptance of historical buildings, structures, sites, or places for registration as historical landmarks or points of historical interest. Existing law requires the department to consider all recommendations for registration made by the commission, and requires the department to register, as state historical landmarks, those buildings, structures, sites, or places that the department deems to be important historical resources, as provided. Existing law authorizes the department to enter into contracts with individuals or with other governmental agencies or departments for the lease of lands, for park and recreational purposes, and for the development and expansion of park and recreational areas, as provided. Existing law requires all units that are, or shall become a part of, the state park system to be classified by the State Park and Recreation Commission, as provided. Following classification of a unit by the commission, existing law requires the department to prepare a general plan for the unit, as provided. Existing law authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as provided.
This bill would authorize the department to enter into a lease agreement with the City of San Diego for purposes of leasing the property known as Villa Montezuma from the city. The bill would require the commission to classify the property as a unit of the state park system. The bill would require the department to prepare a general plan for the unit. The bill would authorize the department to enter into an operating agreement with a specified qualified nonprofit organization for purposes of running and maintaining the property. The bill would require the department to designate the property as a state historic park. the development, improvement, restoration, care, maintenance, administration, or operation of the unit, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for Villa Montezuma in the City of San Diego.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 5021.1 is added to the Public Resources Code, to read:

5021.1.
 (a) For purposes of this section, the term “property” shall mean the property known as Villa Montezuma in the City of San Diego.
(b) The department is authorized to may enter into a lease agreement agreement, pursuant to Article 5 (commencing with Section 5060), with the City of San Diego for purposes of leasing the property from the city.
(c) After entering into the lease agreement, the department State Park and Recreation Commission shall, notwithstanding any other law, designate classify the property as a state historic park. unit of the state park system.
(d) Following classification of the property as a unit of the state park system pursuant to subdivision (c), the department shall prepare a general plan for the unit pursuant to Section 5002.2.
(e) Following approval of a general plan for the unit by the State Park and Recreation Commission, the department may enter into an operating agreement with a qualified nonprofit organization pursuant to Section 5080.42 for the development, improvement, restoration, care, maintenance, administration, or operation of the unit. The operating agreement shall be compatible with the general plan.

(d)The department is authorized to enter into an operating agreement with the nonprofit organization, Friends of the Villa Montezuma, to run and maintain the property.

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 necessity to ensure in perpetuity the unique historical and cultural significance of Villa Montezuma in the City of San Diego.