SECTIONS 5096.71-5096.102 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5096.71-5096.102

5096.71. This chapter may be cited as the State Beach, Park,
Recreational, and Historical Facilities Bond Act of 1974 or as the Z'
berg-Collier Park Bond Act.

5096.72. The Legislature of the State of California hereby finds
and declares that:
(a) It is the responsibility of this state to provide and to
encourage the provision of outdoor recreation opportunities for the
citizens of California;
(b) When there is proper planning and development, open-space
lands contribute not only to a healthy physical and moral
environment, but also contribute to the economic betterment of the
state, and, therefore, it is in the public interest for the state to
acquire areas for recreation, conservation, and preservation and to
aid local governments of the state in acquiring and developing such
areas as will contribute to the realization of the policy declared in
this chapter.

5096.73. The Legislature further finds and declares that:
(a) The present public outdoor recreation areas and facilities in
the state are inadequate to accommodate the demands made on them at
the present time and will become critically inadequate as time
progresses.
(b) Land values are increasing at a steady rate and any delay by
the state in securing additional lands for park and recreation
purposes will result not only in the loss of suitable lands for
recreation purposes, but also will reduce the economic ability of the
state to acquire such lands.
(c) At a special election consolidated with the 1974 direct
primary election, the people of the State of California will vote
upon a proposition authorizing a state bond issue in the amount of
two hundred fifty million dollars ($250,000,000) to provide the
moneys for the acquisition and development of lands needed for
recreation purposes.
(d) It is desirable for the people of this state to have prior
notice of the proposed disposition and allocation of the proceeds of
this bond issue.

5096.74. Bonds in the total amount of two hundred fifty million
dollars ($250,000,000), or so much thereof as is necessary, may be
issued and sold to provide a fund to be used for carrying out the
purposes expressed hereinafter, and to be used to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. Said bonds shall, when sold, be and
constitute a valid and binding obligation of the State of California,
and the full faith and credit of the State of California are hereby
pledged for the punctual payment of both principal and interest on
said bonds as said principal and interest become due and payable.

5096.75. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected such sum in
addition to the ordinary revenues of the state as shall be required
to pay the principal and interest on said bonds maturing in said
year, and it is hereby made the duty of all officers charged by law
with any duty in regard to the collection of said revenue to do and
perform each and every act which shall be necessary to collect such
additional sum.

5096.76. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this act, such an amount as will
equal the following:
(a) Such sum annually as will be necessary to pay the principal
and interest on bonds issued and sold pursuant to the provisions of
this chapter, as said principal and interest become due and payable.
(b) Such sum as is necessary to carry out the provisions of
Section 5096.77, which sum is appropriated without regard to fiscal
years.

5096.77. For the purposes of carrying out the provisions of this
chapter the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which have been authorized to
be sold for the purpose of carrying out this chapter. Any amounts
withdrawn shall be deposited in the State Beach, Park, Recreational,
and Historical Facilities Fund of 1974 which fund is hereby created.
Any moneys made available under this section shall be returned to the
General Fund from moneys received from the sale of bonds sold for
the purpose of carrying out the provisions of this chapter.

5096.78. The proceeds of bonds issued and sold pursuant to this
chapter shall be deposited in the State Beach, Park, Recreational,
and Historical Facilities Fund of 1974. The money in the fund may be
expended only for the purposes specified in this chapter and only
pursuant to appropriation by the Legislature in the manner
hereinafter prescribed.

5096.79. All proposed appropriations for the program contemplated
by this chapter shall be included in a section in the Budget Bill for
each fiscal year for consideration by the Legislature, and shall
bear the caption "State Beach, Park, Recreational, and Historical
Facilities Bond Act of 1974 Program." The section shall contain
separate items for each project for which an appropriation is made.
Such appropriations shall be subject to all limitations contained
in the Budget Bill and to all fiscal procedures prescribed by law
with respect to the expenditure of state funds. The section shall
contain proposed appropriations only for the program contemplated by
this chapter, and no funds derived from the bonds authorized by this
chapter may be expended pursuant to an appropriation not contained in
that section of the Budget Act.

5096.80. The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid and redeemed as provided in the State
General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3, Division 4, Title 2 of the Government Code) and all
of the provisions of that law are applicable to the bonds and to
this chapter, and are hereby incorporated in this chapter as though
set forth in full herein.

5096.81. The State Park and Recreation Finance Committee is hereby
created. The committee consists of the Governor, the State
Controller, the Director of Finance, the State Treasurer, and the
Secretary of the Resources Agency. For the purposes of this chapter
the State Park and Recreation Finance Committee shall be "the
committee" as that term is used in the State General Obligation Bond
Law. The Secretary of the Resources Agency is hereby designated as
the board for the purposes of this chapter and for the purposes of
the State General Obligation Bond Law.

5096.83. All money deposited in the State Beach, Park,
Recreational, and Historical Facilities Fund of 1974 which is derived
from premium and accrued interest on bonds sold shall be reserved in
the fund and shall be available for transfer to the General Fund as
a credit to expenditures for bond interest.

5096.84. As used in this chapter and for the purposes of this
chapter as used in the State General Obligation Bond Law, the
following words shall have the following meanings:
(a) "State grant" or "state grant moneys" means moneys received by
the state from the sale of bonds authorized by this chapter which
are available for grants to counties for acquisition and development
of real property for park and recreation purposes.

5096.85. Except as otherwise provided herein, all money deposited
in the State Beach, Park, Recreational, and Historical Facilities
Fund of 1974 shall be available for appropriation as set forth in
Section 5096.79 for the purposes set forth below in amounts not to
exceed the following except as may be provided hereafter:

(a) For grants to counties, cities, or
cities and
counties for the acquisition,
development, or
acquisition and development, of real
property for
park, recreation area, beach, and
historical
purposes including state administrative
costs................................... $90,000,000
(b) For development of real property
for the state
park system, including costs for
planning and
interpretation.......................... $45,000,000
(c) For development of historical
resources for the
state park system, including costs for
planning
and interpretation...................... $15,000,000
(d) For the acquisition, development,
or acquisition
and development, of real property for
wildlife
management in accordance with the
provisions
of the Wildlife Conservation Law of
1947
(Chapter 4 (commencing with Section
1300),
Division 2, Fish and Game Code) and in
accordance with a master plan drafted
as an
element of the State Environmental
Goals and
Policy Report, including costs for
planning and
interpretation.......................... $10,000,000
(e) For the acquisition of real
property for the state
park system, and the costs of planning
and
interpretation, of which not less than
fifteen
million dollars ($15,000,000) shall be
expended
for acquisition of privately owned
lands inside the
boundaries of existing units and for
additions to
existing units.......................... $90,000,000

It is the intent of the Legislature that funds expended pursuant
to subdivisions (a) and (e) of this section may be used for the
acquisition of open-space lands, development rights, and scenic
easements in connection with the state park system or, in the case of
counties, cities, or cities and counties, in connection with park
and beach purposes. For the purpose of acquiring such open-space
lands or scenic easements the state and counties, cities, or cities
and counties may exercise the power of eminent domain.

5096.86. The ninety million dollars ($90,000,000) authorized by
Section 5096.85 for grants shall be allocated to the counties, such
allocation to be based upon the estimated population of the counties
on July 1, 1980, as projected by the Department of Finance.
Each county's apportionment will be in the same ratio as the
county's population is to the state's total population; provided,
however, that each county shall be entitled to receive an allocation
of not less than two hundred thousand dollars ($200,000); and
provided, further, that any grant made to a city, district, or
regional public agency shall be subtracted from the total otherwise
allocable under the provisions of this chapter to the county or
counties in which the city, district, or regional public agency is
located. Advance grants may be made for development projects.
However, 10 percent of the grant funds shall be withheld until the
project is audited by the state.
Each county shall consult with all cities and districts within the
county which are authorized to provide park and recreation services
and shall develop and submit to the state a priority plan for
expenditure of the county's allocation, including expenditures for
city and district projects, by June 30, 1975. The priority plan for
expenditure of the total county allocation shall be approved by at
least 50 percent of the cities and districts representing 50 percent
of the population of the cities and districts within the county, and
by the county board of supervisors. Failure to submit an approved
priority plan by June 30, 1975, shall result in a 10-percent annual
reduction in the total county allocation until the priority plan is
submitted. Any funds not allocated to a county shall remain in the
bond fund and shall be expended under the same conditions as set
forth in Section 5096.87 in 1980. By June 30, 1977, if agreement on
the priority plan for expenditure has not been submitted to the
state, the board of supervisors shall petition the Secretary of the
Resources Agency to distribute to high-priority projects the
remaining 80 percent of the county's total allocation.
Applications for individual projects appearing on the priority
plan for expenditure may be submitted directly to the state by the
individual jurisdictions. In the event that any particular
jurisdiction's project is withdrawn from funding because of
circumstances beyond its control, the application for any substitute
project by such jurisdiction not originally appearing on the approved
priority plan for expenditure shall be approved by the county board
of supervisors.

5096.87. On July 1, 1980, the Secretary of the Resources Agency
shall cause to be totaled the unencumbered balances remaining in the
State Beach, Park, Recreational, and Historical Facilities Fund of
1974. A program shall be submitted in the budget for the 1981-1982
fiscal year to appropriate this balance. Unencumbered funds under
subdivision (a) of Section 5096.85 shall be reappropriated for grants
to local jurisdictions only. The remainder of the program shall
consist of projects deemed to be of highest priority from among the
purposes expressed in subdivisions (b) to (e), inclusive, of Section
5096.85 and shall not be subject to the maximum amounts allocated to
those purposes in Section 5096.85.

5096.88. Projects involving state funds only, pursuant to
subdivisions (b), (c), and (e) of Section 5096.85, shall originate by
legislative resolution, resolutions, or resolutions of the State
Park and Recreation Commission directing studies of the projects
included therein or upon initiative of the Secretary of the Resources
Agency directing a study of the projects included therein.
The costs of these project studies shall be borne by the State
Beach, Park, Recreational, and Historical Facilities Fund of 1974.
Allocations for the purposes of subdivision (d) of Section 5096.85
that are authorized by the Legislature and approved by the Governor
shall be made from the State Beach, Park, Recreational, and
Historical Facilities Fund of 1974 and shall be expended in
accordance with the provisions of the Wildlife Conservation Law of
1947 (Chapter 4 (commencing with Section 1300), Division 2, Fish and
Game Code) and in accordance with a master plan drafted as an element
of the State Environmental Goals and Policy Report prepared pursuant
to Section 65041 of the Government Code. Local and state projects
pursuant to subdivisions (a), (b), (c), and (e) of Section 5096.85
shall be in accord with the California Outdoor Recreation Resources
Plan.

5096.89. An application for a state grant pursuant to subdivision
(a) of Section 5096.85 shall be submitted to the Secretary of the
Resources Agency. The application for the state grant shall be
accompanied by an adopted plan showing park and recreation lands and
facilities, existing and proposed, sufficient to enable the state to
determine the needs of the general public for recreation lands and
facilities in the applicant's jurisdiction and the quality and
quantity thereof. The project for which funds are being requested
shall appear on the applicant's plan. The applicant shall state that
the project is compatible with the land use plans of those
jurisdictions immediately surrounding the project. Where the project
land or facilities are located outside the political boundaries of
the applicant, such project lands or facilities shall appear on the
adopted plan of the jurisdiction in which the project is located.
Prior to the approval of any project, the applying jurisdiction's
park stewardship history will be reviewed for protecting existing
park and recreation and open-space resources and operating and
maintaining areas to acceptable standards. The Secretary of the
Resources Agency, in cooperation with the Office of Planning and
Research, shall review the material submitted by the county or
counties for completeness and conformity with the State Environmental
Goals and Policy Report. All applications shall contain an
environmental impact statement in compliance with the Environmental
Quality Act of 1970 (commencing with Section 21000 of the Public
Resources Code).
Upon completion of the review by the Secretary of the Resources
Agency, approved projects shall be forwarded to the Governor for
inclusion in the Budget Bill.

5096.90. Projects proposed pursuant to subdivisions (b), (c), (d),
and (e) of Section 5096.85 shall be submitted to the office of the
Secretary of the Resources Agency for review. The Director of Parks
and Recreation shall provide the Secretary of the Resources Agency
with a statement concerning each project originated pursuant to
subdivisions (b), (c), and (e) of Section 5096.85, which statement
shall include the priority of the project in regard to the following
needs:
(a) Deficiencies in preserving history.
(b) Deficiencies in preserving scenery and landscapes.
(c) Deficiencies in providing recreation.

5096.91. The Secretary of the Resources Agency, after completing
his review, shall forward those projects recommended by the
appropriate board or commission together with his comments thereon to
the Governor for inclusion in the Budget Bill.
In submitting the list of projects recommended for inclusion in
the annual budget, the secretary shall organize the projects on a
priority basis within each of the purposes as set forth in
subdivisions (b), (c), (d), and (e) of Section 5096.85. This priority
ranking shall take into account and be based upon the needs
specified in Section 5096.90.
In addition, the statement setting forth the priorities shall
include the relationship of each separate project on the priority
list to a proposed time schedule for the acquisition and development
expenditures associated with the accomplishment of the projects
contained in such list. All projects proposed in the Governor's
Budget of each fiscal year shall be contained in the Budget Bill as
provided in Section 5096.79.

5096.92. Projects authorized for the purposes set forth in
subdivisions (b), (c), and (e) of Section 5096.85 shall be subject to
augmentation as provided in Section 16352 of the Government Code.
The unexpended balance in any appropriation heretofore or hereafter
made payable from the State Beach, Park, Recreational, and Historical
Facilities Fund of 1974 which the Director of Finance, with the
approval of the State Public Works Board, determines not to be
required for expenditure pursuant to the appropriation may be
transferred on order of the Director of Finance to and in
augmentation of the appropriation made in Section 16352 of the
Government Code.

5096.93. The Director of Parks and Recreation may make agreements
with respect to any land acquired pursuant to subdivision (e) of
Section 5096.85 of this chapter for continued tenancy of the seller
of the property for a period of time and under such conditions as
mutually agreed upon by the state and the seller so long as the
seller promises to pay such taxes on his interest in property as
shall become due, owing or unpaid on the interest created by such
agreement and so long as the seller conducts his operations on the
land according to specifications issued by the Director of Parks and
Recreation to protect the property for the public use for which it
was acquired. A copy of such agreement shall be filed with the county
clerk in the county in which the property lies. Such arrangement
shall be compatible with the operation of the area by the state, as
determined by the Director of Parks and Recreation.

5096.94. Notwithstanding any other provisions of law, for the
purposes of this chapter acquisition may include gifts, purchases,
leases, easements, eminent domain, the transfer of property for other
property of like value, purchases of development rights, and other
interests unless the Legislature shall hereafter otherwise provide.
Acquisition for the state park system by purchase or by eminent
domain shall be under the Property Acquisition Law (commencing with
Section 15850 of the Government Code), notwithstanding any other
provisions of law.

5096.95. All grants, gifts, devises or bequests to the state,
conditional or unconditional, for park, conservation, recreation or
other purposes for which land may be acquired and developed pursuant
to this chapter, may be accepted and received on behalf of the state
by the appropriate department head with the approval of the Director
of Finance. Such grants shall be available, when appropriated by the
Legislature, for expenditure for the purposes provided for in Section
5096.85 of this chapter.

5096.96. There shall be an agreement or contract between the
Department of Parks and Recreation and the applicant in the case of a
state grant project which shall contain therein the provisions that
the property so acquired shall be used by the grantee only for the
purpose for which the state grant funds were requested and that no
other use of the area shall be permitted except by specific act of
the Legislature.

5096.97. Lands acquired by the state shall consist predominantly of
open or natural lands, including lands under water capable of being
utilized for multiple recreation purposes, and lands necessary for
historic preservation. No funds derived from the bonds authorized by
this section shall be expended for the construction of any reservoir
designated as a part of the "State Water Facilities," as defined in
subdivision (d) of Section 12934 of the Water Code, but such funds
may be expended for the acquisition and development of beaches,
parks, recreational facilities and historical monuments at or in the
vicinity of any such reservoir.

5096.98. (a) The appropriation made by Item 379(c) of the Budget
Act of 1973 for the acquisition of Century Ranch for the state park
system is hereby validated and confirmed; provided, that before any
funds are expended for such acquisition, the Century Ranch project
shall be recommended by the State Park and Recreation Commission and
reviewed by the Secretary of the Resources Agency.
(b) Moneys deposited in the State Beach, Park, Recreational, and
Historical Facilities Fund of 1974 shall be used to reimburse the
General Fund for any expenditure of moneys for the acquisition of
Century Ranch for the state park system made pursuant to the
enactment of Senate Bill No. 1194 of the 1973-74 Regular Session of
the Legislature; provided, that the Century Ranch project shall have
been recommended by the State Park and Recreation Commission and
reviewed by the Secretary of the Resources Agency prior to such
General Fund expenditure.

5096.99. Moneys deposited in the State Beach, Park, Recreational,
and Historical Facilities Fund of 1974 shall be used to reimburse the
General Fund for any expenditure of moneys for the acquisition of
lands located between Newport Beach and Laguna Beach for the state
park system made pursuant to the enactment of Senate Bill No. 1089 of
the 1973-74 Regular Session of the Legislature; provided, that such
project shall have been recommended by the State Park and Recreation
Commission and reviewed by the Secretary of the Resources Agency
prior to such General Fund expenditure.

5096.100. The appropriation from the State Beach, Park,
Recreational, and Historical Facilities Fund of 1974 made by Section
9.3 of Assembly Bill No. 1944 of the 1973-74 Regular Session shall
not be subject to the provisions of Section 5096.79 relating to
inclusion of proposed appropriations in a section in the Budget Bill
and Budget Act.

5096.101. Notwithstanding Section 5096.87, the first four million
four hundred thousand dollars ($4,400,000) that is available in the
total unencumbered balance remaining in the State Beach, Park,
Recreational, and Historical Facilities Fund of 1974, as provided in
Section 5096.87, shall be submitted by the Secretary of the Resources
Agency for appropriation, in the budget for the 1981-82 fiscal year,
for acquisition and development at the Baldwin Hills Park project.
The Department of Parks and Recreation shall cooperate with the
County of Los Angeles, the City of Los Angeles, and the City of
Culver City in obtaining federal or state local grants for the
Baldwin Hills Park project.

5096.102. Pursuant to Section 5096.96, the City of Palm Springs may
authorize the use, for flood control structures, of the part of
Tahquitz Regional Park adjoining Tahquitz Creek, which was acquired
with a grant of state funds appropriated in Item 412A (200) of the
Budget Act of 1974 (Chapter 1522, Statutes of 1974) and disbursed
pursuant to Agreement Number 33-0007, subject to all of the following
conditions:
(a) The City of Palm Springs and the Riverside County Flood
Control and Water Conservation District shall jointly fund the
construction of a storage, curatorial, and interpretive facility
within Tahquitz Regional Park. The plans and specifications of the
facility shall be agreed upon by the city, the district, and the Agua
Caliente Band of Cahuilla Indians, acting through its Tribal
Council.
(b) The city shall enter into an agreement with the Agua Caliente
Band of Cahuilla Indians, acting through its Tribal Council, that
requires the city to transfer title to the remainder of Tahquitz
Regional Park to the United States in trust for the Agua Caliente
Band of Cahuilla Indians and requires the Tribal Council on behalf of
the tribe to maintain and operate, at no cost to the city, except as
specified in the agreement, any recreational facilities at the park
and the storage, curatorial, and interpretive facilities in
perpetuity and for the use and benefit of the general public. This
agreement shall be made part of the deed or other instrument
transferring title. No consideration shall be paid for the real
property consisting of Tahquitz Regional Park and all improvements
thereon, but the city shall be reimbursed by the Agua Caliente Band
of Cahuilla Indians, acting through its Tribal Council, for all
reasonable costs directly incurred in making the transfer, as
specified in the agreement.
(c) Prior to entering into the agreements specified in
subdivisions (a) and (b), the City Council of Palm Springs shall hold
at least one public hearing on using part of Tahquitz Regional Park
for flood control structures and on the proposed storage, curatorial,
and interpretive facility and any proposed recreational facilities.
(d) The Department of Parks and Recreation shall review and
approve the agreement specified in subdivision (b) and the plans and
specifications for the proposed storage, curatorial, and interpretive
facility, as agreed to pursuant to subdivision (a).