CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520]
( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )
The San Joaquin River Conservancy is hereby established in the Resources Agency to acquire and manage public lands within the San Joaquin River Parkway, which shall consist of the San Joaquin River and approximately 5,900 acres on both sides of the river between Friant Dam and the Highway 99 crossing. Approximately 1,900 acres of the parkway shall be located in Madera County and 4,000 acres in Fresno County, of which approximately 1,250 acres are already in public ownership. The conservancy shall acquire and manage these lands in the parkway to provide a harmonious combination of low-impact recreational and educational uses and wildlife protection through the preservation of the San Joaquin River, existing publicly owned lands, the wildlife corridor, and natural reserves.
(Amended by Stats. 1994, Ch. 605, Sec. 1. Effective January 1, 1995.)
The conservancy shall be responsible for operation and maintenance of the parkway. The conservancy shall close to the public any lands or facilities which it is unable to maintain in a clean and safe manner and to adequately protect the wildlife and rights of adjacent property owners from the public, including areas downstream from the Highway 99 crossing affected by the use of the parkway.
(Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
The area under the jurisdiction of the conservancy includes that area of the parkway which is acquired by the conservancy.
(Amended by Stats. 1995, Ch. 610, Sec. 2. Effective January 1, 1996.)
The jurisdiction of the conservancy consists of land and water areas acquired for parkway use within the parkway whether by purchase or lease; other public lands operated by the conservancy on behalf of another public agency; and private lands which are in a land mitigation bank or which are adjacent to the parkway and downstream from the Highway 99 crossing and for which the owner desires the conservancy’s management and protection services or which are subject to a voluntary resource management agreement entered into with the conservancy.
(Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
The conservancy shall coordinate the activities of state and local agencies and private entities interested in the San Joaquin River and its resources. State and local agencies shall retain title to any land owned within the boundaries of the parkway. Local agencies may enter into an agreement to transfer responsibility for the management of the land to the conservancy. Where there is no state or local public agency with operating and management responsibility, the conservancy shall exercise that responsibility. All zoning or land use regulations shall remain the exclusive authority of the member agencies.
(Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
(a) The governing board of the conservancy shall consist of 16 voting members.
(b) The 16 voting members of the board shall consist of the following:
(1) One member of the Board of Supervisors of Fresno County appointed by a majority of the members of that board. A majority of the members of the Board of Supervisors of Fresno County may appoint an alternate member from that board.
(2) The Mayor of the City of Fresno or a member of the Fresno City Council designated by the Mayor of the City of Fresno. The Mayor of the City of Fresno may designate an alternate member from the Fresno City Council.
(3) One member of the Board of Supervisors of Madera County appointed by a majority of the members of that board. A majority of the members of the Board of Supervisors of Madera County may appoint an alternate from that board.
(4) The Mayor of the City of Madera or a member of the Madera City Council designated by the Mayor of the City of Madera. The Mayor of the City of Madera may designate an alternate member from the Madera City Council.
(5) (A) The Chairperson of the Board of Directors of the Fresno Metropolitan Flood Control District or the Chairperson of the Board of Directors of the Madera Irrigation District.
(B) The Chairpersons of the Fresno Metropolitan Flood Control District and the Madera Irrigation District shall rotate
appointments, with each chairperson serving for one term before rotating to the other chairperson. Notwithstanding Section 32517, each chairperson shall serve two-year terms.
(C) Each chairperson may appoint a designee to the board.
(6) Three public members, one of whom shall be a resident of Fresno County, one of whom shall be a resident of Madera County, and one of whom shall be a resident of the City of Fresno. The members shall be appointed according to all of the following procedures:
(A) The Senate Committee on Rules shall appoint the resident of Fresno County from a list of candidates that includes two or more individuals provided by the Board of Supervisors of Fresno County. The board of supervisors shall develop its list from a list submitted by nonprofit organizations that have a presence within that county
and support outdoor recreation, conservation, environmental justice, or social justice issues. The board of supervisors shall have one year from the end of a term or the creation of a vacancy to submit the list to the Senate Committee on Rules. If the board of supervisors does not submit the list within that time, the Senate Committee on Rules may appoint a resident of Fresno County nominated by nonprofit organizations that have a presence within Fresno County and support outdoor recreation, conservation, environmental justice, or social justice issues.
(B) The Speaker of the Assembly shall appoint the resident of Madera County from a list of candidates that includes two or more individuals provided by the Board of Supervisors of Madera County. The board of supervisors shall develop its list from a list submitted by nonprofit organizations that have a presence within that county and support outdoor recreation, conservation, environmental
justice, or social justice issues. The board of supervisors shall have one year from the end of a term or the creation of a vacancy to submit the list to the Speaker of the Assembly. If the board of supervisors does not submit the list within that time, the Speaker of the Assembly may appoint a resident of Madera County nominated by nonprofit organizations that have a presence within Madera County and support outdoor recreation, conservation, environmental justice, or social justice issues.
(C) The Governor shall appoint the resident of the City of Fresno from a list of candidates submitted by the Fresno City Council.
(7) One member of a California Native American tribe appointed by the Governor from a list of candidates submitted by local tribal organizations.
(8) (A) One youth member appointed
by the Governor from lists submitted by either of the following:
(i) Youth-serving nonprofit organizations that have a presence within Fresno County or Madera County.
(ii) Institutions of higher education within Fresno County or Madera County.
(B) The youth member shall be a resident of Fresno County or Madera County and 18 to 26 years of age, inclusive, and shall not be an elected official.
(9) The Executive Director of the Wildlife Conservation Board or a member of the executive director’s staff designated by the executive director.
(10) The Secretary of the Natural Resources Agency or a member of the secretary’s staff designated by the secretary.
(11) The Director of Fish and Wildlife or a member of the director’s staff designated by the director.
(12) The Director of Parks and Recreation or a member of the director’s staff designated by the director.
(13) The Director of Finance or a member of the director’s staff designated by the director.
(14) The Executive Officer of the State Lands Commission or a member of the executive officer’s staff designated by the executive officer.
(Amended by Stats. 2021, Ch. 171, Sec. 2. (AB 559) Effective January 1, 2022.)
A quorum shall constitute a majority of the voting members of the board. Meetings of the governing board shall be subject to 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).
(Amended by Stats. 2021, Ch. 171, Sec. 3. (AB 559) Effective January 1, 2022.)
The voting members of the board shall serve for four-year terms. Any member who is an elected or appointed official who ceases to hold that office shall automatically cease to be a member of the board. The office of any member of the board who is required to be a resident of a member agency shall become vacant upon that member ceasing to be a resident of the member agency.
(Amended by Stats. 1996, Ch. 1171, Sec. 2. Effective January 1, 1997.)
Members who are not elected or appointed officials shall receive compensation in an amount set by the board, not to exceed seventy-five dollars ($75) for each day, or portion thereof, and not to exceed four hundred fifty dollars ($450) in any year, while attending meetings of the board, or engaged upon official business of the board. All members shall receive reimbursement for actual, necessary, and reasonable expenses. Any member may waive compensation.
(Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
The voting members of the board shall annually elect from among the voting members a chairperson and a vice chairperson. If the office of the chairperson or vice chairperson becomes vacant, a new chairperson or vice chairperson shall be elected by the voting members of the board to serve for the remainder of the term. A person shall not serve as chairperson for more than two consecutive terms.
(Repealed and added by Stats. 2021, Ch. 171, Sec. 5. (AB 559) Effective January 1, 2022.)
The conservancy shall obtain and maintain adequate liability insurance or its equivalent, and defend and indemnify the member agencies for acts or omissions of the conservancy’s agents, employees, volunteers, and servants.
(Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)