SECTIONS 5620-5623 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5620-5623

5620. This chapter shall be known, and may be cited as, the
Roberti-Z'berg-Harris Urban Open-Space and Recreation Program Act.

5621. As used in this chapter:
(a) "City" and "county" both include the City and County of San
Francisco; "county" does not include a county service area, or zone
therein, within the County of San Bernardino empowered to provide
public park and recreation services pursuant to the County Service
Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of
Division 2 of Title 3 of the Government Code).
(b) "Districts" means regional park districts formed under Article
3 (commencing with Section 5500) of Chapter 3; recreation and park
districts formed under Chapter 4 (commencing with Section 5780); any
public utility district formed under Division 7 (commencing with
Section 15501) of the Public Utilities Code in a nonurbanized area
that employs a full-time park and recreation director and offers
year-round park and recreation services on lands and facilities owned
by the district; any community services district formed under
Division 3 (commencing with Section 61000) of Title 6 of the
Government Code in a nonurbanized area which is authorized to provide
public recreation as specified in subdivision (e) of Section 61600
of the Government Code; any memorial district formed under Chapter 1
(commencing with Section 1170) of Division 6 of the Military and
Veterans Code that employs a full-time park and recreation director
and offers year-round park and recreation services on lands and
facilities owned by the district; the Malaga County Water District
exercising powers authorized under Section 31133 of the Water Code;
and any county service area, or zone therein, within the County of
San Bernardino which is empowered to provide public park and
recreation services pursuant to the County Service Area Law (Chapter
2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title
3 of the Government Code), which is actually providing public park
and recreation services, and which was reorganized prior to January
1, 1987, from a park and recreation district to a county service area
or zone.
(c) "Urbanized area" consists of a central city or cities and
surrounding closely settled territory, as determined by the
Department of Finance on the basis of the most recent verifiable
census data. "Urbanized county" means any county with a population of
200,000 or more, as determined by the Department of Finance on the
basis of the most recent verifiable census data.
(d) "Heavily urbanized area" means a large city with a population
of 300,000 or more and a large county or regional park district with
a population of 1,000,000 or more, as determined by the Department of
Finance on the basis of the most recent verifiable census data.
(e) "Nonurbanized area" means any city, county, or district which
does not qualify as an urbanized area or urbanized county under the
definitions in subdivision (c).
(f) "Block grant" means the allocation of moneys for one or more
projects for the acquisition or development of recreational lands and
facilities.
(g) "Need basis grant" means the allocation of moneys for one or
more projects for the acquisition or development of recreational
lands and facilities on a project-by-project basis, based upon need.
(h) "Account" means the Roberti-Z'berg-Harris Urban Open-Space and
Recreation Program Account in the General Fund.
(i) "Special major maintenance project" means a rehabilitation or
refurbishing activity performed on an annual or more infrequent
interval, excluding capital improvements and routinized or other
regularly scheduled and performed tasks such as grounds mowing, hedge
trimming, garbage removal, and watering. Special major maintenance
project includes activities which will reduce energy requirements to
operate recreational lands or facilities.
(j) "Innovative recreation program" means specially designed,
creative social, cultural, and human service activities which by
their nature are intended to respond to the unique and otherwise
unmet recreation needs of special urban populations, including, but
not limited to, senior citizens, physically or emotionally
handicapped, chronic and "new" poor, single parents, "latchkey"
children, and minorities. The term includes special transportation
programs designed to facilitate access of these groups to parks and
recreational programs and facilities.

5622. The Legislature hereby finds and declares:
(a) The demand for recreation areas, facilities, and programs in
California is far greater than the present supply, with the number of
people who cannot be accommodated at the area of their choice or any
comparable area increasing rapidly.
(b) The demand for recreation areas, facilities, and programs in
the urban areas of our state are even greater: over 90 percent of the
present population of California reside in urban areas; there
continues to be approximately a 30-percent deficiency in open-space
and recreation areas in the metropolitan areas of the state; less
urban land is available, costs are escalating, and competition for
land is increasing; and lack of sufficient annual operating funds has
resulted in a general deterioration of existing facilities.
(c) There is a high concentration of urban social problems in
California's major metropolitan areas which can be partially
alleviated by increased recreational opportunities.
(d) Within the urban areas there reside a broad spectrum and heavy
concentration of special populations, including senior citizens,
physically and emotionally handicapped, chronic and "new" poor,
single parents, "latchkey children," and minorities, who typically
are unable, because of a variety of limiting circumstances, to avail
themselves of use of remote, nonurban state and national parks and
open spaces.
(e) The upward spiral in the cost of energy for private
automobiles and all forms of public transportation during the recent
period has further limited access to remote state and national parks
and open spaces, and this provides an additional emphasis to the
urgent need for close-to-home urban parks and open spaces.
(f) The need for local recreation areas, facilities, and programs
is doubling at 10-year intervals.
(g) Unless the lands and waters that currently have significant
recreation potential today are acquired or reserved for recreation as
soon as possible, and unless there is a means available to provide a
regularized, major rehabilitation program for existing facilities,
there will be a marked shortage of recreation lands and waters on a
local and regional basis.
(h) Cities, counties, and districts must exercise constant
vigilance to see that the recreation lands and facilities they now
have are not lost to other uses; they should acquire additional lands
as such lands become available; and they should take steps to
improve the facilities they now have.
(i) The state recognizes its partnership role with local
government agencies and officials, in support of acquisition,
development, and major rehabilitation of parks and open spaces in
urbanized areas and heavily urbanized areas, as a means of fulfilling
state support, and a proper level of response to the overwhelmingly
large percentage of state residents whose parks and open-space needs
can only be addressed in urban settings.
(j) The state further recognizes that every effort is necessary
and appropriate to find and utilize resources, other than those
secured exclusively through tax levies, in order to support and
maintain this significant urban program.
(k) In view of the foregoing, the Legislature declares that an
aggressive, coordinated, funded program for meeting existing and
projected local recreation demands must be implemented without delay.

5623. Grants to cities, counties, and districts pursuant to this
chapter are intended to supplement and not to supplant local
expenditures for park and recreation areas and facilities or to
diminish in any way then current efforts for providing parks and
recreation services.