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HomeMy WebLinkAboutReso 1980-10298 .4. ~ RESOLUTION NO. 10298 . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA . VISTA ENDORSING PROPOSITION 1, THE CALIFORNIA PARKLANDS ACQUISITION AND DEVELOPMENT PROGRAM BOND ISSUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Governor of the State of California has signed into law the State Parklands Acquisition and Development Program Act of 1980 (adding Chapter 1.69 commencing with Section 5096.141 to Division 5 of the Public Resources Code); and WHEREAS, the Act makes findings regarding the need for parks, beaches, recreation areas, recreational facilities and historical preservation projects and, if enacted, would authorize State General Obligation bonds in the amount of $285 million for parklands acquisition and development purposes; and WHEREAS, the allocation to the County, the cities and the entitled districts in the County of San Diego is approximately $6,414,450 for parks and recreation; and WHEREAS, an additional allocation of $2,309,166 will be made available to the region under the Urban Parks and Open Space Program; and WHEREAS, the Act will provide additional funds for the State Park System and coastal resources which will benefit the region. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby endorse the State parklands and Renewable Resources Investment Program Act of 1980 and urges all citizens in the City of Chula Vista to vote YES for State Proposition 1 on November 4, 1980. Presented by Approved as to form by Emerson Hall, Director of Parks and Recreation orney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHUl..A VISTA, CALIFORNIA, this 14th 19'11 0 , by the following vote, to-wit: day of October AYES: NAVES: ABSTAIN: ABSENT: Councilmen Scott, Gi11ow, Hyde, Cox, McCand1iss Councilmen None Councilmen Councilmen None None &.J~ ~(M ~ _ of me COy of """" - ATTES A'~' rb;~A~.4J--- City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHUlA VISTA ) I, JENNIE M. FULASZ. CMt, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10298 ,and thot the some has not been amended or repealed. DATED City Clerk (seol) CC-660 !D29 'l/ ,''::~~ .,- 9>> COMPREHENSIVE PLANNING ORGANIZATION Suite 524, Security Pacific Plaza . , 1200 3rJ Avenue, San Diego, CA 92101 RESOLUTION No. 80-185 '': p ENIDRSIN3 AND ENXXJRAGIl13 mBLIC SUPFQRr OF POOroSITIaJ 1 ON THE NOVEMBER 4, 1980 BI\LLOT WHEREAS, the Governor of the State of California has signed into law the State Parklands Acquisition and Develcpment Program Act of 1980 (adding Chapter 1.69 ccmmencing with Section 5096.141 to Division 5 of the Public Resources Code); and WHEREAS, the Act makes findings regarding the need for parks, beaches, recreation areas, recreational facilities and historical preservation projects and, if enacted, would authorize State General Obligation bonds in the amount of $285 million for parklands acquisition and development purposes; and WHEREAS, the allocation to the County, the cities and the entitled districts in the County of San Diego is approximately $6,414,450 for parks and recreation; and WHEREAS, an additional allocation of $2,309,166 will be made avail- able to the region under the Urban Pad".s and Open Space Program; and WHEREAS, the Act will provide additional funds for the State Park System and =astal resources which will benefit the region; NCW 'll1EREFORE BE IT RESOLVED that the Canprehensive Planning Organization Board of Directors endorses the State parklands and Renewable Resources Investment Program Act of 1980 and en=urages all citizens of the County of San Diego to vote affirmatively on State Proposition Number 1 November 4, 1980. PASSED AND AIXlPTED this 22nd day of September, 1980. ", " ,,-'.', i;;il:f ~ q, i ATTEST: (0 CHAIRMAN SECRETARY SAN DIEGO REGION'S COUNCIL OF GOVERNMENTS MEMBER AGENCIES. Cities of Carlsbad. Chula Vista. Coronado. Del Mar, EI Cajon. Imperial Bf:ach. La Meso. Lemon Grove, National City. Oceanside. San Diego, San Marcos, Vista. and CounTY of Sail Diegn/E~ Ofiicio Member California DepartfJWnl of Transportation/Honorary Member; Tijuana, B, CFA. _.~- ~."","'."".,,,_.,,..;... extent that the bonds are purehas",d by California tax- payeICs in lieu of taxable bonds, the state would experi- ence a loss of income tax revenue. . State and local agencies would receive minor operat- ing revenues from the facilities acquired or constructed 'with the bond funds. These operating revenues proba- bly would not be sufficient to cover in full the continu- ing operating and. maintenance costs which would result from the acquisition or development of park or recreation facilities. . To the extent privately owned lands are acquired by the state under this measure, local governments would experience a reduction in property tax revenues. This . .,loss would depend on (1) the location of such acquisi- tions and (2) the assessed value of lands purchased by the state. Under existing law, state payments to school districts would increase to cover the revenue loss of the school districts. " Text of Proposed Law . . ~ This la~ proposed by' Senate Bill 624 (Statutes of 1980, Ch. 250) is submitted to the people in accordance with the provi- sions of Article XVI of the Constitution. This proposed law adds sections to the Public Resources Code; therefore, new provisions proposed 'to be added arc printed in italic type to indicate that they are,new. PROPOSED LAW :'SECfION 1. Chapter 1.69 (commencing with Section 5096.141) is added to Division 5 of the Public Resources Code, to ,read: CHAPTER 1.69. CALIFORNIA PARKLANDS ACT OF 1980 ArHcle 1: General Provisions .", 5096.141. 'This chapter sh:lll he known and m.1Y be cited as the C'1.liIornia Parklwlds Act of 1980. 5096.142. The Legislature hereby finds and declares that: (a) It is the responsib1lity of this state to provide and to enCOUT:lge the provision of recre/lliona] opportunities and f'.'1.c11ities for citizens of C:uifornia. . (b) It is the policy of the st.'1.te to preserve, protect, imd, where possible, restore coastal resources which are of signifi- cant recreational or environmental importance for the cnjo.v- ment of present and future genera Hans of persons of all income levels, il11 ages, fwd ai/social groups. (c) lVhen there is proper planning and development, p:lrks, beaches, recrc:ltion areas :wd recre,ltional facJ1ities, and historical resources preservation projects contribute not only to a healthy physical ,md Iflonll environment. but also contribute to the economic betterment of the. state, and, therefore, it is in the public interest for the state to :lequire, develop, and restore Hreas for recreation, conservation, and preserwltion and to aid local governments of the state in ,le- quiring, developing, and restoring such are,lS .'1.S will contrib- ute to the realization of the policy declared in this chapter. '. 5096.143, The Legishlture further finds and declares thtlt: (a) The demand {or parks. beaches, recreation areas and recreatiomil facilib'cs, and historical resources preservation projects in California is f:.lr greater than wlwt is presently av:u?able, with the number of people who c:wnot be .'1.ccom- modated at the :Ire:l of their choice or any comp/lrable area increasing mpidly. Further, the development of parks, be- ache...~ recrcation arcas :md recreiltionH.l fac11ities, and histori- cal resources preservation projects lws not proceedcd rapidly enough to provide for their [ullutl1izution by the public, (b) The demand for jJtlrks, beaches, recre.'1.b'on areas :wd recreational f.'1.cilities, and historic.'ll resources preservation projects in the urban tlreas of our state is even greater since Ol'er 90 percent of tJU] present population of CaJiforni:1 reside in lJrb:ln 1Ire:JS; there continues to be a serious deficiency in open space lrnd recretlfion arcas in the metrapolit:rn :lreas of the state; less urban land is avw1able, costs are esci/lating, and competition for l:md is increasing. (c) There is a high concentration of urban social problems in California s major metropolitan are.'1.5 which can be par- ..~, '. ' titdly alleviated by increased ~ecreational opportunities. (d) Cah'fornia s coast provides a great variety of recre.'1.h'on- ill opportunities not found at inland sites; it is he.'1.vily used because the state s major urban areas lie, and 85 percent of the state s population lives, within 30 ml1es of the Pacific Oce.'1.n; a shortage of facilih'es for almost every popular coastal recrea- tional activity exists; and there will be a conhl111ing high de- mand for popular coastal ach'vities such as fishing, swimming. sightseCll1g, general beach use, C8IlJp111g, and day use. fund- ing For the /lcquisitiolJ of a number of key coast.'ll sites is critical at this time. p.'1.rticuillr~v in metropolitan llreas where both the demand For and the deficiency of recreational facHi- tics is greatest. Development pressures in urbanized <Jreas threaten to preclude public acquisition of these key remain- ing undeveloped coastal parcels unless these sites <'ire ac- quired in the near future. (e) Increasing lmd often conflicling pressures on limited coastal land and water areas, escalaHng costs for coastal larid, and grOH7ng Cotlstal recreational de/nand requiie, as soon as possible, fundJng for, :wd the acquisih'an of, l<'1.nd and water are:lS needed to meet demunds [or coastal recreational oppor- tunities, to implement recommendations for acquisib'ons of , the Coastal Plan prep:Jred and adopted 111 accord/mce with the require/Dents of the Califorfl1~'1 CotlSt:ll Zone Conservation Act of 1972, and to implement local co.'1.stul programs required pursuant to the C<'1lifornia Coastal Act of 1976. (f) There is a pressing need to provide Iun(hng for a coor- dinated state progranl designed to provide expanded public access to the coast~ to preserve prime coastal agricultund lands. .'1.nd to restore .md enhtmce natural and manmade coastal environments pursuant to 8ctivities of the St.1.te CoastH.l Coiiservancy undertaken purswmt to Division 21 (commencIng with Section 31(00). (g) Cities, counties, and districts must exercise constant l'igil:mce to see that the parks, beaches, recrelltion .'1reas .'md recreah"onal facilities, and historical resources they now have .'1.re not lost to other uses; they should acquire :Jdditional lands as such ltmds become m'1ll1able; they should tilke steps to im- prove the facilities they now have. , (h) Past and current Funding programs have llOt and can- 110t meet present deficiencies. This condition has become more acute as a result of restrictions on 10c:1l governmental revenues. (i) In VIew of the foreg01l1g. the Legislature declares that .'1.n ilggressive, coordimlted, funded prognlm for Illeeting ex- isb'ng ill1d projected recreational demands mllst be Jlnple- mented without delay. ' 5096.144. As used in thJ~<; chapter, the follow1ng ternlS .s}wll ha ve tbe follmving mC:lJJJilgS: , (<'1.) "Coastal resources ,. means those hwd :wd wilter tlreas within the co,'1.stal zone, as defined in subdil'lsions (.1) and (b) of Section 31006, and within the Sant.7 Jfonica AfountmiJs Zone, as described In Section 33105. which :lre suitH.ble for public park, ,beach, or recreational purposes, includJilg, but Continued on page 48 5 ,-~. ~--~- , Parklands Acquisition and Development Program Official Title and Summary Prepared by the Attorney General FOR THE PARKLANDS ACQUISITION AND DEVELOPMENT PROGRAM. This act provides for meeting the urgent recreational requirements of the people of California through the acquisition, development, rehabilitation, and restoration of state and local parks, public beaches and other important coastal resources, recreation arcas and recreational facilities, and his- torical resources pursuant to a bond issue of two hundred eighty-five million dollars ($285,000,000). AGAINST THE PARKLANDS ACQUISITION AND DEVELOPMENT PROGRAM. This act provides for meeting the urgent recreational requirements of the people of California through the acquisition, development, 'rehabilitation, and restoration of state and local parks; public beaches and other important coastal resources, recreation areas and recreational facilities, and his- torical resources pursuant to a bond issue of two hundred eighty-five million dollars ($285,000,000). FINAL VOTE CAST BY THE LEGISLATURE ON SB 624 (PROPOSITION 1) Assembly-Ayes, 56 Senate-Ayes, 27 Noes, 16 Noes, 10 Analysis by the Legislative Analyst I I I. Background: In past years, the state has financed much of the ac- quisition and development of state and local parks, his- torical properties, and recreational facilities through the sale of general obligation bonds. (A general obliga- tion bond is backed by the full faith and credit of the government that issues it.) The 1964, 1970, 1974 and' 1976 Park Bond Acts provided a total of $740 million, of which approximately $683 million was for state park acquisition, development and restoration projects and grants for local park projects. By July 1981, it is an- ticipated that most of these funds will have been spent or encumbered. The state has also financed state and local parks on a "pay as you go" basis, using state tax and other reve- nues. Proposal: This proposition would authorize the sale of $285 mil- lion in state general obligation bonds to finance the acquisition, development, and restoration of state and local parklands, coastal lands and historical resources. The proceeds of this bond issue would be deposited in the Parklands Fund of 1980. These proceeds would be available for appropriation by the Legislature' for the following purposes: (a) Grants to counties, cities and dis- tricts for acquisition, develop- ment, rehabilitation or restora- tion of real property for parks, beaches, recreational and histo- rical resources ................................ (b) Acquisition, development, reha- bilitation or restoration of real property for the state park sys- tem (including $10 million for $85,000,000 4 (o~9i " historical resources) ...................... (c) Coastal resources (consisting of $60 million for acquisition or de- velopment of real property for the state park system, and $30 million for (1) grants to counties, cities, and districts to finance lo- cal coastal programs, and (2) projects in the San Francisco Bay area and the Santa Monica Moun- tains zone) ...................................... (d) Coastal agricultural protection, area restoration and resource en- hancement to be expended by the State Coastal Conservancy.. (e) State grants to local agencies pri- marily for urban parks.................. Total ......................................................... 70,000,000 90,000,000 10,000,000 ~OOO,OOO $285,000,000 The bond act contains provisions to limit or guide the state and local agencies in the expenditure of their por- tions of the bond proceeds. These provisions are too extensive to be summarized. Fiscal Effect: Assuming an intere.st rate of 7 percent and a 20-year repayment period, the interest on $285 million of gen- eral obligation bonds would be approximately $210 mil- lion. The principal and interest cost of paying off the bonds authorized by this measure, therefore, would to- tal $495 million. This cost would be paid by the State General Fund. In addition, state and local bond interest costs could be increased by an unknown, but probably moderate, amount if the sale of the parklands bonds results in higher interest rates for state and local bonds. The interest paid on these bonds would be exempt from the state personal.income tax. Therefore, to the '-:'..' ,'~ '..... '. Parklands Acquisition and Development Program " 1 Argument Again~t Proposition 1 Proposition 1 is an attempt to prove the old adage- .. Land that is purchased through moneys allocated in ''If at first you don't fool the voters then try, try again." this measure is taken off the tax roll, thereby increasing Proposition 1 on the last June ballot was rejected by the ., the taxes of the rest of us. Additionally, this is not a voters of the State of California. Now a few months later revenue bond proposition. The principal and interest we have "the Son of Proposition 1," and "Junior" is a will be repaid from the General Fund, which is your $500 million bundle of debt. . taxpayer dollars. This increased debt for taxpayers The proponents of "Junior" argue they have taken '.. comes at a time when we can least afford it. Economic out the controversial and objectionable parts which vot- predictions throughout the country suggest this is the ers rebelled against in "Papa" Proposition 1 last June 3. worst possible time for taxpayers to incur additional They specifically mention the provisions relating to ~ec- ", debt. The proponents of this measure easily cast aside . reational boating, Lake Tahoe land acquisitions, wildlife such concerns and propose sending the taxpayers a $500 habitat improvement, fishery management, water con- million debt bilL ' servation, or wastewater treatment. They also attempt. This proposition is neither needed nor desired. If fur- to argue the emphasis of the proposition has now been ther moneys are required to develop existing parks in shifted to development of existing parks, which is only the future they should be requested and approved marginally true. Nowhere in the proposition does it through the budget process, not by this blatant attempt declare that cities, counties and districts, or for that to seduce the voters into voting for a measure that flies matter the state park system itself, are required to use _.in the face of taxpayer demand for reduced govern- the allocated moneys for development. Rather the ment and government spending. This measure is ap- proposition gives the individual governing body the op- . propria tell' called "Son of Proposition 1," and should be lion of developing existing structures or acquisition of given the same strong rejection as "Papa" Proposition additional lands. 1 received in June of this year. Don't be fooled by the This measure would allocate o~'er $220 million for little S.O.P. L land acquisition when better than 50 percent of Califor- Vote NO on Proposition 1. 'nia is already owned by the government. If the state keeps acquiring more land we will soon be one big park tied together by bicycle trails. Proposition I, like its predecessor which was just defeated, is also a "pork barrel" bond issue that will actually cost taxpayers ap- . proximately $500 million when bond interest payments are included. H. L. RICHARDSON Stute SemI tor, 25th lJjstrict . JUcmber, Se/111te Committee 'on Naturtll Resources Bnd n'jJdlife JOlIN SCI!MITZ Stutc Selwtor, 36'th JJjstrict Hebuttal to Argument Against Proposition 1 The opponents' argument overlooks the fact that Proposition 1 responds directly to current public de- mand for morc campsites, trails, beach access, and other development at state and local parks. They do not dispute the need for better recreational opportunities closer. to population centers, \vhich Propositio'n 1 seeks to provide. Also, they are simply wrong when they say that more than $220 million will be allocated for acquisition. In fact, at least half of the money for the state park systen1 is required to be spent for development, and all funds in Proposition 1 Gin be spent for development of existing state and local parks. Present trends indicate that about 85 percent of local expenditures will be for development. Further, the opponents' assertion that about half of California is publicly owned is true, but meaningless. Over 96 percent of this property is owned by the fed- end government, I11ainly in arcas far away from citics. Obviously, a desert artillery range isn't useful for recre- ation. Only about 1)12 percent of California is state and local parklands. . . Proposition] pr<?vides for tight fiscal controls, con- trary to what the opponcnts say, Every cent authorized by Proposition 1 must be included in the annual State Budget Bill before it may be spent. (See Section . . 5096.206 of this measure, printed in this pamphlet.) Ac- cordingly, economic conditions can be taken into ac- count when making appropriations for parklands, and bonds cannot be solei without legislative approval. Preserve and iInprove your state and local park lands. Vote FO H Proposi tion 1. . JOlIN A. NEJEDLY. .' }{epllbliclm Stut(~ SelJHtor; 7th iJi~"lrict Clwirrmm, !-Jermte Committee on . NllIur:llliesourccs Bnd n.i'ldli{e . ANSEL ADAMS Photogrupher 1ll1d Nulumlist DAVID A. HOBEHTI DemocrJJtic StJlte SelJlltor, 2:Jrd lJ/<;trict SCIJllte '~(JJjority LeJldcr ..' . . I . rr. . I 7 Arguments printed on this page arc the opinions of the authors and have not heen c11~c~ed for nccurac)' hy any () ICla agency , Parkl;mds Acquisition and Development Program Argument in Favor of Proposition 1 Your vote FOR Proposition 1 will enable your com- munity and the state to continue to satisfy YOllr needs for recreational opportunities and facilities. In recent years, California's population growth rate has slowed. But shifts in population to new communities and the high cost of' gasoline have resulted in an in- creased need to provide local and state parks, open- space areas, camping opportunities, and other recrea- tion facilitie, closer to the people who use them. Recreational preferences are changing, too. :lvtore people than ever before are jogging, taking short day hikes, and bicycling. Many communities simply do not have the trails and other facilities to accommodate resi- dents who pursue these inexpensive and healthful ac- tivities. Changes in population groups have created new demands for facilities; in many neighborhoods, facilities for senior citizens and other special groups are unavailable. With rising costs, state and local governnlents are increasingly unable to finance urgently needed rehabilitation, maintenance, and expansion of existing facilities. State parks are overcrowded, and improve- ments have been deferred repeatedly. During the sum- mer of 1980, it is expected that the state park system will have to turn away more than 1,000,000 people who want to visit state parks and beaches. Many local facilities will also be overused. Your vote FOR Proposition 1 will make possible: . Expanded and improved neighborhood recreation facilities financed through state grants to your local gov- ernment or park district. . tvfore campsites, renovation of rundown facilities, and further improvements of the state park system. . New and expanded state parks near population cen- ters, and in scenic coastal areas. . Projects for enhancing yo~r access to and enjo ment of coastal and waterfront areas, through a pr gram of grants to local government. . Preservation of rapidly disappearing historic Ianl marks in your community, for the enjoyment and edl cation of present and future generations. Proposition I makes economic sense~ Inflation an rapid residential and commercial development will il creasingly restrict the opportunifies to develop and a, quire parklands. These opportunities will becoITI prohibitively expensive, and will be lost forever if '" wait. The bond issue proposed in Proposition 1 will en; ble these costs to be spread prudently over a period ( years. Expenditures for parks help the local economy' well. A recent study determined that every dollar spei by local government for park improvements generatE $3.46 in economic activity in the community. Proposition 1 has bipartisan support; it has been er clorsed by many statewide organizations representin business, labor, conservation, park users, and local gO\ ernment. Vote FOR Proposition 1: Vote to assure more ani better recreational oppor~unities for all Californians. JOlIN A. NEJEDLY Republican Stllte Scnntor, 7th Distnct Chmrmnn, Senate Committee on Nllturllj Resources IlI1d Wildlife ANSEL ADAMS Photo!:rJlpher IlI1d JVnlurali<;t . DAVID A. HOBERT! . JJcmocmtic St/lle Senlltor, 2.1rd Distdct Senate Jlfajodty Leader Rebuttal to Argument in Favor of Proposition 1 " , The proponents of Proposition 1 must think the own arguments talk about money "to finance urgentl) people of California have extremely short memories. needed rehabilitation." Maybe we need to improve thE The voters just turned down the predecessor of Propo- crime and vandalism problem before we think about sition 1 on June 3rd. Now, those who like to spend our more urban parks. . money are right back again. This time they have put a The State Legislative Analyst's office has advised as oj new face on the pig-in-a-poke they are trying to sell us. June 30 we still haven't dispensed $244 million of 1974 This pork barrel will only cost us approximately $500 and 1976 Bond Act moneys for land acquisition and million. For anyone who thinks we can go into debt for development. We simply can't afford to go another $500 anothcr $500 million wiLh Our current ccononlY, wc million into debt. Vote NO <?n Proposition l. have sOIne ocean front property in Phoenix we'd like to sell them. For example. one of the things Proposition 1 is sup- posed to provide is more urban parks. Unfortunately, many of Our current urban parks are frequently vandal- ized and are not even safe to be in. The proponents' II. L. HICIIAHDSON Slate Scnator, 25th Distnct Jlft-'mber, Senate Committee on l\'lIturlIlliesources IlI1d WI'ldliFe JOlIN SCIIMITZ Slale Senator, 36th Distdcl IOL.-cr <I 6 Arguments printed on this pa~e are the opinions of thc allthor.~ and havc not been chccked for aCCUrllcy by any official a~ency "'l-'!""" (d) The priority plan shall be submitted prior to January 1, 'fS2, to the Director of Parks .md Recreah.onfor approvaJ.,~"':;.... r;'aillJre to submit a priority plan by JaJ1U<lry 1, 19812, shall result 'n a 10 percent annual ieducHon of the lotal county :ulocation mtil the priority plan is submitted. ByJanuary 1,1984, iFthe Jriority plan has not been submitted to the Director of Parks wd RecreaHon, the county board of supervisors shall petition he Director of Parks and Recreation to distribute to high- Jriority projects the remaining 80 percent oFthe total cOlmty rJlocatioIl. Any funds not allocated to a cOlm~v shall remain in -l},e fund and shall be e.\pended in the m~mner provided in 'lection 5096.211. In :lddition, with the consent of all the ciHes If,~! districts in the county, the coun~v board of supervisors nay reject all or part of the state grant moneys allocated to t pursuaJlt to this section. and such moneys sh:ul be e,\pended n the nlaJmer provided in Section 5096.211. . (e) Local assistance grants made pursuant to this article For he acquisition of real property shall be on the basis of 75 Jercent state grants nlOneys and 25 percent loc;u matching n:9ney for the project. Grants shall be matched on~v by noney or property donated to be part of the acqwsitiol1 J~oject. The grant recipient shall cerhfy to the Department Jf.Parks and Recreation that there IS available, or will become 'v.ailable pdor to the commencement of any work on the Jruject For which application [or a grant has been nlade, natcmIlg Inoney from a nonshlle source. The cerHfication of Jle source and amount of the nmds shall be set forth in the Ipplication for a grant submitted to the department. Local natching monex sh:ul not be required with respect to a grant 'ccipient that has urgent Wlmet needs [or recreaHon,v lands tnd lacks the financi;u resources to acquire recreational lands, rs -determined pursuant to a formula set forth in regulations. tdopted bX the Director of Parks and Recreation after a pub- ic hearing. , (I) Applications for 'individual projects may be submitted Iirectly to the Director of Parks and Recre:ltion by individwu urisdictions. 5096.157. (a) An application for a local as,<;lstance grant JUrsuant to this article shall be submitted to the Director of ~:lrks and Recreation for review. The applicution shall be rccompanied by certification from the planning agency of the tpplicant that the project IS conSIstent with the park and 'ecreation plan for the applicant'sjurisdiction and would sat- 5f;~a demonstrated need. (b) The minimum anlOunt that may be applied For any ndividual project is twenty thous;1l1d dol1<irs ($2O,(){)()). (L~) Every application for a grant shall comj)b. with the }rovisions of the California EllvironInental Quality Act (Divi~ 'ion 13 (commenclIJg with Section 21(){)())). (d) Upon completion of the review of applications submit- ed pursu:mt to subdi~'I!'ion (a), approved projects shall be orwardcd to the Director of Finance for inclusion in the 1ucfget Bill. 5096.158. (a) No state grant funds Inay be disbursed until he a'pplicant agrees that ~'1Ily property acquired or developed vith slich funds shall be used by the applicant only for the mrpose for which the funds were requested and th.'lt no other Ise of the property shall be permitted except b)' specific act !f the Leg1~jature. (b) No state gT.'1I1{ nmds may be disbursed unless the appli- 'ant agrees to maintain and operate the property acquired or leveloped pursu:mt to this article For a period COInmensunlte vith the type of project and the proportion of state grant i111ds and local funds allocated to the clJpital costs of the . Jroject. Article 4. State Park SystelD 5096.161. The LegisL'lture recognizes (hat public financial ~~:c ~'~~L::c~:i' , resources are inadequate to meet all capitlIl'outlay needs of the state'park system and that the developInent of recently acqwred um.ts oFthe state park system has proceeded at /1 rate that has prevented their full potenHal for public use from being realized. Accordingly, it IS declared to be the policy of the state that funds allocated pursuant to subdivision (b) of SecHon 5096.151 shall be appropn"ated priman1y for projects that accomplish the following: (a) Serve metropolitan population centers and accommo- date day~use and weekend-overmght VIsits. (b) Provide for the development of eXIsting units with the minimwn faciliHes necessary for accessibility, use, and inter- pretaHon. . (c) Rehabilitate faciJiHes at eXIsHng units that:will provide For more efficient management and reduced operaHonal costs. (d) Minimize dependence on motor vehicles and reduce other forms of energy and water conswnpb"on through appro- priately designed facilities. (e) Preserve examples of hIstorical resources and natural landscapes that are underrepresented in the state park sys- tem. 5096.162. (a) An)' Member of the Legislature, the State Park and Recreation CommIssion, the CaliFornia Coastal Commission, or the Secretary of the Resources Agency may nominate any project to be funded under this article for study by the Department of Parks and Recreation. Any of the conl- lll1ssions shall make nominations by vote of its menlbership. (b) The Department of Parks and Recrelltion shaIl study any project so nominated. In addih"on to the procedures re~ quiredby Section 5{){)6, the Department of PlI.rks and Recrea- Hon shall submit to the Legislature -8nnual~v a report consIsting of a pdoritized hsting and compartlt1ve evaluation of all projects nominated For stud}~ in accordance .rn.th the following schedule: (1) A-farch 1, 1981, for projects nominated prior to j.wuary 15, 1981. (2) ^'ovember 1, 198/. for projects nominated prior to June 3D, 1981, and lifter JllIwllr)' 15, 1981. (3) November 1,1982. and e.-wh November 1 thereafter for projects nominated during the 12 Inonths ending ]une 30, 1982, and each ]!.1ne 30 thereafter. (c) Projects proposed for appropriation for the state park system pursuant to subdivIsion (b) of Section 5096.151 shall be subject to the favorable recommendation of the State Park and Recreation CommIssion. 'Projects recommmended by the commIssion shall be forwarded to the Director of Finance for inclusion in the Budget Bill. 5096.163. Acquisihon for the state park system by pur- chase or by elllinent dOInain sh:ill be under the Property Acquisihon L,-lw (comInencing with Section 15850 of the Gdv- ernment Code). Article 5. Coastal Resources 5096.171. Funds available pursu:wt to subdivision (c) of Section 5096.151 shall be expended purswwt to this article. .5096.172. (ll) An)' Member of the LegisJllture, theClliifor- nl~7 Coastlli CommIssion, the Sl<'itc Coastal Conservancy, the S:w FrancL'ico Bay Conservtlb.on and Development ConlIms~ sion, the State Park and Recre.1tion ComInission, or the Secre- tary of the Resources Agency may nominate, for study by the Department of Ptirks and Recreation, any project within the cotlstal zone for acqwsition with funds made aVc'vlable for the state park system pursuant to category (1) of subdi""'1sion (c) of Section 5096.151. Anv of the commissions, and the conserv~ aJ1CJ'~ shall Inake noml"nab"ons by vote of its membership. (b) The Department of Parks and Recreati9n shall study any project so nominated. In addition to ~he procedures re- I !i 'i .,:i 49 ~- , \ Text of Proposed Law-Pr:oposition I-Continued from page 5 not limited to. areas of historical significance and areas of open sp:lce that complement park, beach or recreaHonal areas, or which <:1re suitable For the preservaHon of coastal resource values. (b) <District" means any district authorized to provide park, recreation or open space services, or a combination of such services, except a school district. (c) "Fund" means the Parklands Fund of 1980. (d) "Historical resource" 1ilCludes, but is not limited to, EllJ)' buildJilg, structure, site, area, or place which is historicalfv or archaeological~v significant, or is significant in the architec- tural, engineenilg, scientific, economic, agricultural, educa- Honv. social, political. mJ1itary, or cultural annals of C7.lifornia. . (e) '7Iistorical resources preserFation project "is a project designed to preserve an historical resource which is either listed hI the National Register of Historic Places or is regis- tered as either a state historical landmark or point of historical interest pursuant to Section 5021. (I) "Program H means the Parklands Acquisition and De- velopment Program est.1blished by this chapter. Arh'cle 2. Parklands AcquisiHon and Development Program 5096.151. AIl money deposited in the Parklands Flll1d of 1980 shall be aV811able for appropriahon in the manner set forth in Section 5096.206 [or the purposes set Forth below in amounts not to exceed the following: (a) FOT grants to counHes, cities, and districts for the acquisih'on development, rehabJ1i- tation, or restoraHon of real property For park, beach, recreational. and historical re- sources preservation purposes, including state administrative costs .............................. $85,()(J(},fX){) (b) For acquisition, development, rehahl1ita- tion, or restoration of real property for the state park system in accordance with the following schedule.......................................... $7o,OOOJJ()() Schedule: (I) Six(v miJJion dollars ($6D,ooo,()()(}) for ac- quisition, development, and rehabJ1itation and for cost of planning and interpretaHotl, of which not less than thirtv mI1lion dollars ($3o,ooo,()()(}) shaJJ be for d~velopment and rehabJ1itah'on of structures and facl1ities in existing units of the state park system. (2) Ten miJJion doJJars ($lo,ooo,()()(}) for acqui- sib'on, development, and restoration oFhis~ todCM. resources and for historical resources preservation projects and costs of planning and interpretation. (c) For expenditure for coastal resources in ac. cordance with the following schedule ,..... $9(J,{}()(J,()()(} Schedule: (1) Six(v million doJJars ($6D,ooo,()()(}) for ac- quisition or development of real property for the state park system and costs of plan. ning. (2) Thirty million dollars ($30,ooo,()()(}) for grants to counHes, cities, and distn'cts For the acquisition, development, rehabl1ita- tion, or restorah'on of real property. or the acquisition of any interest in real property, necessary for the implementation of local coastal programs; for the implementation of projects in San Francisco Bay. as defined 48 t 02-91 jn subdivisions (a) and (b) of Section 31006. and in the Santa Monica A.foUIltams Zone, as described in Section 33105; and FOT state administrative costs in connection therewith. (d) For expenditure by the State Coastal Con- servanc.v for purposes set forth in Division 21 (commencing with Section 3/()()(}), and for state administrah've EllId planning costs in connection therewith................................ $10/JOO,ot (e) For expenditure by the Department of Parks and Recreation for the purposes of the Roberti-Z'berg Urban Open-Space and Recreahon Program Act (commencing with Section 5620 of the Public Resources Code) ........... ...... ...... .........................:............. .... $3o,ooo,lX provided, however, that notlvithstanding the provisions of Section 5627, Fund~ made avm1- able pursuant to this category may be expend- ed only for capital olltlay purposes. Article J. Local Assistance Grant,; 5096.155. (a) Funds available for appropriation for loea. assistance grants pursuant to subdivision (a) of SectioL 5096.151 may be expended For the acqmsition of parks, be. ache".., open-space lands, recreational tr811s, recreation facili ties and areas, and historical resources, and For developmen~ rights and scenic easements in connection with such lands an,:;, resources. (b) Funds granted pursuant to subdivision (a) 0/8ecb'on 5096.151 /na;v be expended for development, rehabilitab'onJ 0/ restoration only on lands owned bJ~ or subject to a lease or other interest held bJ~ the applicant city. county, or distn'ct. If such IElllds are not owned by the applicant, the applicant shall first demonstrate to the sabsFaction of the Director of Parks andRecreation that the development, rehabJ1itabon, or restoration wJ1l provide benefits commensurate with the tJpe and duration of interest hl land held by the appliCElllt. 5096.156. (a) AIl of the funds authorized in subdivision (a) of SecHon 5096.151 for local assistance grants shall be al- located among the counties on the basl~<; of their populations as most recently projected by the Department of Finance for 1980. (b) Each tot,j county allocation of such funds shall be in the same ratio as the coun~vs population l:f to the states total population;prot'lded. however, that each county shall be enb.... tled to a minimum allocation of one hundred thousand dollars ($10D,()()(}). . (c) Each coun~v shall consult with all cities Ellld dIstn'cts. within the coun(v and shall develop and submit a priorityplan For expenditure of the total county allocabon to the state For approval The priority plan shall consist of an apportionment;' of the total county allocation to the COUl1~V, ciHes, and dis~. tricts. The priori~v plan may include the names of individual projects under each jurisdiction and shall reflect considera.~ Hon of deficiencies within the county in the preservation of hIstorical reSOurces and natural landscapes as well as in the prOVIsion of recreational areas and facilities. The prjority plan shall be approved by at least 50 percent of the cities and j districts representing 50 percent of the populaHon of the cit~ ies and districts f'vithin the count}~ and by the county board of supervisors. Recognizlng the f.1ct that the boundaries of. some ciHes and districts overl.1p, only the jurisdicbons that will actualJ.y provide the facilities contemplated in the prior- ity plan may parHcipate in the approval process. In any. county in rvhich a regional park or open-space district is whol-, , Iy or partially located, the priori~v plan shall reflect regional park or open-space needs as well as community and neighbor- hood park and recreah'on needs. . ~." mbdivision. (b), category (1) ofsubdivI:<;ion (c)~ and subdivi- riOIl (d) of Section 5096.151 shall be subject to augmentation lis.provided in Section 16352 of the Government Code, as limited by any pronsion of the Budget Act. The unexpended bal:mce in any llppropriation made Pllyable frOIn the fund which the Director of Finance, with the l?pproval of the State Public IVorks Board, determines not to be required for ex- uenditure pursuant to the llppropri:.ltion, Inay be tnmsferred on order of the Director of Finance to, lmd in augmentation DE. rhe appropriation made in Section 16352 of the Govern- ment Code. ,5096.192. The Director of Pllrks and IieCrelltionlnay make rJgreements with respect to an)' real property acquired pursu- wt to subdivIsion (b) lwd catcgor.Y'(1) o[subdivIsion (c) of ,ection 5096.151, and the Executive Officer of. the State Cpastal Conservancy may make agreements tdth respect to 'lay relli property acquired pursuant to suhdivi<;ion (d) of ,ection 5096.151 for the continued telllUlCV of the seller of the DrOper~y [or a period of time and unde; such condiHons tiS mutl1tll~y agreed upon by the state and the seller so long as the 'iclJer promises to pay such taxes on hIS interest in the prop- rnty'as shall become due, DIving, or unpaid on the interest 7reated by such IlgreeInent, lwd so long as the seller conducts ~is opera tions on the land according to specificll tions Issued 'Jy the appropriate director or officer to protect the property ror the public use for which it was acquired. A copy of such 19reement shall be filed with the county clerk in the county TI' which the property Jies, Such arrangement shall be com- 'Jatible with the openlhon of the area by the stH.te, as deter- 'nined by the appropriate director or officer. ,5096.193. All relll property acquired purswmt to thIS ChHP- 'eI; shall be acquired in cOInpliance with the provisions of '::hapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. The Department of Parks UJd Recreation or the State Coastal Conservancy. as the case n,'lY be, shall prescribe procedures sufficient to assure such :ol?lpliance by local public agencies, 5096.194. For the purposes of thIS chllpterracquisition mtl)' nclude gifts, purchases, leases, CtlSements, the exercise of ~mincnt domain if exprcss~v ,'luthorized, the trtwsfer or ex- :hange of proper~v [or other property of like value, and pur- ~hases o[ development rights and other interests.' 5096.195. All grtlllts, gifts, devi<;e,~~ or bequests to the state, ~ondih'onal or llllcondih'onal, [or park, conservtlhon, recrea- ion,. or other purposes [or which real proper~v may be ac- luired or developed purslllmt to thIS ch,1pter, m,I.Y be lccepted and received on behalf o{the sttlte by the appropri~ Ite departmental director with the ,1pproval of the Director )f 10.luUlce. Such grants, gifts, devises, or bequests s}wll be rVtlilable, when appropriated by the LC[f1:<;lature, for cxpendi- ure for the purposes specified in Section 5096.151. 5096.196. Real property acquired by the st:lte s11.'lil consIst )redo1l1iIlll11t~v of open or Illltural lands. including lands un~ ler wClter cllpable of beIlIg utilized for multiple recre;lb"onal wrposes, and l:wds neceSStllY for the preservation .of cotlstal Ir historical resources, lVO {unds derived {rOIn the bonds llU- horized by this division !>hall be e.\pended for the construc- ion of,'lny reservoir designated ,'1S;J pllrt of the "State tv"ller <:1cilities," ,'IS defined in subdivision (d) of Section 12934 of he' H>'atcr Code, bllt such funds may be expended for the 'cqllisilion or development of bellches, p<lrks, recre,ltion<ll acilities, and hIstorical resources at or in the ViC1l1ity of tmy uch reservoir. . 5096.191 (a) Prior to recommending the acqlJJsition of ~nds that are located on or near tidelands, submerged lands, Wc'lmp or overflowed i.?J1ds, or other wetlands, whether or not uch lemds have been granted in trust to a local public agenc}~ he Director of Parks and Recreation or,. the nxccutive Offi- , , " cer of tHe State Coastal Conserv;mcy, or the ExecuHve Direc~ tor of the San Francisco Bay Consen,'ation and Development Commission, as the Cllse may be, shall submit to the State Lands ComlIlission any proposal by a stllte or local public agency for the acquisition of such lands pursuant to thIS chap- ter. The State Lands Commission shall, within three months of such submittal. review such proposed acquisition, make a detennilllltion as to the states eXIsting or potentiill interest in the lands, and report its findings to the person making the submitt,'li and to the Department of-General Services. (b) lVO provision of thlS chapter shall be construed as all- thorizIlJg the condenlIl..ltion of state hmds. Article 1 Fiscal ProvIsions 5096.201. Bonds in the total ..lmount of two hundred eighty-five million dollars ($285,()(){),()()()), or so much thereof as is nccessary~ n18Y be Issued [UJd sold to provide a fund to be used [or c.'1rr}'1ng out the purposes expressed in this chapter and to be used to reimburse the Genend Obligation Bond Expense Revolv1lJg Fund pursullflt to SecHon 16724.5 of the GoVeT/1Inent Code. The bonds shall, when sold, be and consti- tute a valid c'wd bInding obligation of the Stllte of C'lli[ornia, 'lwd the full fu.th and credit of the State of California /s hereby pledged [or the punctualpaymentofboth pnncipaland Inter. est on the bonds as the principciJ ,'Ind Interest become due lmd payable. 5096.202. Tbere shill be collected each ye,'lr .'lnd /n the S8IIU3 manner and lit the sc'UlJe tinw c'IS other state revenue is collected such II sum In addition to tbe ordirlllrv revenues of 'the sttlte as shall be required to pay the pnllcip.;l ,wd interest on the bonds maturing ellch yeHr, tmd it is hereby mllde the dutyofull officers ch:lrged by law with an:v duty in regllrd to the collection of the revenue to do Clnd perform each ,'lnd every act which sh'1ll be necessary to collect thilt lldditional sunl. . 5096.203. There /s hereby appropriated from the Genenu Fund in the ,StHte Tre,'1sur.v [or the purpose of this ch'lpter, such an ,'lnJOlll1t as will equtli the follo~17'ng: (a) Such SU1l1 aI1l1wd~v us will be necessary to pay the prin- cip.'Il and Interest on bonds Issued and sold pursu,'lnt to the provIsions of tJns chapter, 8S principlll and interest become due and pa,vable. (b) Such SUllJ as is nccessar.v to carry out the provisio,ns of Section 5096.203, which sum is approprillted without reg,lrd to fiscal years. 5096204. The proc:eeds of bonds issued <'Ind sold pursuant to thIs cJwpter shull be deposited in the P.'1rkLlllds Fund of 1980, which /s 11Crebv crellted. The monel' /11 the fU~ld 1T1.'lV be e~:pended on~F for the pwposes specified in this chapter' c'lJJd on~v pursuunt to appropriation by the Legisl,'lture in the man- ner prescribed in tJns clwpter., . 5096.205. For the purposes of Ctlrr.vIllg out the prOVISIons of this article, the Director of Finance may by executive order t'll/thorize the wi/hdrll Will from the General Fund of an amount or .'1mounts not to exceed the <,U110unt of the unsold bonds ~vhich have been ;wthorized to be sold for tbe purpose of c.1nying out this cJwpter. Any moneys deposited in the fund for e.\pcnditure {or the purposqs of subdiF/~<;ion (d) of Section 5096151 s}wll be tnlllsferred to the Stllte CO:1Stlll Con- sen','1l1cy upon t/l-ljJroprilltion by the Legi<;/;ltllre III tbe mtW- ner pron'ded hI Section ,5096.206. Any I1lOneys deposited in the fund for e.\fJenditllre for the purposes o{ subdinsion (e) of 5ecb. n 5096151 s}1:111 be .1ppropn:.lled to the Dep,'1rtment of Pllrks lJJ1d Recreation hJ the manner provided J1l Section 5096.206. Any c'lmounts withdnml1 shtdl be deposited in the fund. Any nlOJj~'.v,;' lTlnde .'1v:ii/nble ullder thIS sechon sl1.'llJ be returned to the Geneml Fund from moneys received from the s<1}e o{ bonds for the purpose of carrying out the provisions of tl11:<; chapter. i I; 'I " I I ji I I I " I' t , \ 51 quired by Section- 5006, tHe Department of Parks and Recrea. tion shall submit to the Legislature annllall}' a report consisting 0[.1 prioritized listing ;md COmplJTc1tive evaluation o[ <Ill projects nominated fOT study~ in accordance with the [allowing schedule: (1) !\larch 1, 1981, for projects nominated prior to January 15, 1981. (2) A'ovember 1.1981, [or projects nominated prior tojune 30, 1981, and .1Rer flmlJ:ll:V 15, 1981. . (3) J\'ovember 1.1982, and each A'ovember 1 there:IFter for projects nominated during the 12 months ending June 30, 1982, and e.9.ch June 30 therec1Eter, (c) In /lwking the prioritIzed listing :wd companJtive evaluation o[ potential acquisition sites~ the department shall adhere to the [olIo wing criteria and priorities: (1) The first priority [or the acquisition of coastal resources is as foJ/ows: (A) L'wd and water :lreas best suited to serve the recrea- tiOlwl needs of urban populations. (B) Land and water areas of significant environmental im. port:wce, such as hlbit,Ilt protection, (2) The second priority [or the acquisition of coastal re. sources is as follows: (A) L1nd for physic.11 and visual .1ccess to the coastline where public access opportunities are inadequate or could be impeded by incomp:ltible uses, (B) Remaining .1reas of high recreational value. (C) Areas proposed as a COIlSta! reserve or preserve, in. cluding arellS th..-It tIre or include restricted IJ.1tur:1l cOIllmuni- ties, including. but not limited to, ecological areas that .1re sC:lrce, involving only a limited area; rare lmd endangered wildlife species habitat; nlTe and endangered plant species r8Jlge; specialized wildlife habitat; outstanding representative lJlltunll communities; sites with outstanding educational v....l1- ue; fnlgile orenviroI1Inentally sensitive resources; and wilder- ness or primitive are.1S, Areas meeting more than one of these criteri:l may be considered HS especiall.J" important, (D) Highly scenic areas th.'lt are or include hwdscape pres. ervfltion projects; open areas identified as being o[ particular value in prm'-iding visual contrast to urbamzntion, in preserv~ ing natural land[orms and significant vegetation, in providing tlttmctive tr:msitions between natural and urb<'wized arellS, or tIS scenic open space; and scenic areas or historical districts desiglwted by cities and counties within the coastal zone. 5096.173. (a) The State Coastal Conservancy and the Oil. i{ornia Coast:1l Commission sh:ul prepare and adopt priorities, criteria, and procedures for the disbursement :wd administra- tion of gnmts of funds made avwlable purswmt to c.'ltegory (2) of subdivision (c) ofSech'on 5096.151 for the implement,'l- hon of local coastal prognlms. The procedures shall include provisions that WIll serve as an incentive to loc."]l governments for timely submittal of their local coastal progrnms, in accord- ;wce with the requirements of the Californitl CO:ISt..-.1l Act of 1976 (Division 20 (commencing with Section 300(0)), (b) In consuittltion with the S:m Fr<wcisco Bay Conservll- tion :wd De,,'elopmcnt ComIlussion, the State Coast.'ll COl1- serv;mcy shall prep:lre and adopt priorities, criteria, and procedures for the dIsbursement i1l1d adIlJ1nistnltion of grants for the implement.7.tion of projects In San FnlllcISCo Bay. (c) III consultation with the Santa Jyfonica l'.{ountains Con. serVlWCY, the State CO<l.';tal Conservancy sh.'lll prep:lre and adopt pnorities, criteria~ :wd procedures for the dIsbursement and admimstration of grants for the iInplement..-.ltion of projects in the Santa Afonica Mountains Zone. (d) The procedures required by this section shall speci[y the cHtegories of expenditures eligible for grants and shall include procedures for the submin7.l, ren.ew, and apprmwl of applications and the dIsbursement o[ grant funds. ' 50 ~ (Dzri 5096.174. (a) An .7.pplication for a gr8JJt :;hall be submitted to the State Coastal Conservancy for preliminary evaluation, review of adequ.1cy, and cl<'lssification as a park, beach, coastal .'lccess, or other project necessary to preserve coastal reSOurce values, (b) The minimum amount that rua)' be llPplied For' any individual project is one thousand dollars ($1,000). (c) Every application [or a gr8JJt shall con-Iply with the prOVIsions of the Californi:l Environlnental Quality Act (DiVJ'.. sion 13 (commencing with Sech'on 21000)), . 5096.175, (a) After compleh'ng the evaluation, ren'e~v, and cltlssification of an application, the State Coastal Conserv- ancy shall forward the appHcation to the California Coastal CommIssion for a determination as to its consistencv with the Hpproved land use plan of the applicable local c~astal pro. gram or to the .5.'ln Francisco Bay Conservation and Develop- ment CommJ'ssion for a determination as to its consIstenc}' with the San FranCISco Bay Plan or the Swsun Marsh Protec- tion PL1J1. (b) Applications which are determined by the C'llifornia COflStaJ CommIssion to be consistent with the approved land use plan of the applicable local coastal progr<'lm~ or by the .San FranCISCO Bay Conservlltion and Development CommIssion to be conSIstent with the bay or marsh plan, shall be returned to the St.1te Co.'lsttJi Conserv:wcy for the purpose of dIsburSing grants cons/stent In'th priorities and criteria developed pursu- a11tto Section 5096.173. (c) Grants for projects in the Santa Alonic.'l i\lountmns Zone shiJil be dIsbursed conSIstent with the prOVIsions of Divi- sion 23 (commencing with SectIon 33000). 5096176. Funds granted pLJrSUlmt to category (2) of sub. div1sion (c) ofSectio115096151 m.7.Y be expended fordevelop. ment, rehabIJit.'ltion, or restorah'on only on lands owned by, or subject to a lease or other interest held by, the applicant ci~y, COUl1~~~ or dIstrict, If such lands are not owned by the appli. cant,. the applic.'lnt sh.'lll nrst demonstrate to the satisfilction of the Executive Officer of the State Coastal Conservancy that the development, relwbilitahon, or restoration WJll provide benefits commensurate with the type and duration of interest in land held by the applic;mt. 5096177. ATo state gr.1nt funds may be disbursed unt/I the applic:lnt agrees tlwt <my property acquired or developed with such funds shall be used by the applicant only for the purpose [or which the [unds were requested and that no other use of the property shall be pennitted except by specific act of the LelJ1sl;l ture, ' 5096.178. (a) An amount,. not to exceed nine hundred thousand do}}ars ($900,000) in the aggregate, shall be avall- Hble for appropn~'ltion during the 1980-81, 1981--.!J"'2, and 1982- 8J fiscal years, in amounts to be deterJnined in each annual appropriation, from funds .'lvuilable pursuant to c.1tegory (2) of subdivision (c) of Section 5096.151, In the manner provided in Section 5096.206, to the Stilte CO:lstal Conservancy for ex. penditure for the adminL<;tr<1tion of Sections 5096.173 to 5096177, Inclusive; providecl, however. that not more than three hundred fifty thous<1nd doll:lrs ($35O,()()()) may be appro- pria ted in :m y one such fiscal ye:lr, (b) An :unount, not to exceed live miJlion dolll-lrs ($5,{}()(),- {}(}(J) in the aggreg<1te shall be .1....ai/tlble for appropriation com- Inencing with the 1980-81 fiscal year from. funds available pUrSlJ.'lnt to category (2) of subdiviSIon (c) of SectJon 5096151, in the manner provided In Section 5096.206, for projects in San ,Francisco B:1Y; and an amount, not to exceed five lmllion dollars ($5,000.000) in the aggregate, shall be available, for projects m the S'lnta AIonica AlountwI]S Zone. ~4rticle 6 Aliscelhmeous Provisions 5096.191. Projects authorized for the pUlposes set forth in shall be ,lvailable Eor transEer-to the General Fund as a credit to expenditures Eor bond interest. (d) If the value of any land to be purchased by the agency has been substunti:111y reduced by tillY statute; ordinance, rule, regulation, or other order adopted after January 1, 1980, by state or local government for the purpose of protecting water quality or other resources in the region, the agency may pur-. ch.1Se the land Eor a price it determines would assure fairness to the landowner. In determining the price to be pw.d Ear the l:wd. the .1.gency may consider the pn.ce which the owner originally paid Eor the lanel, any special assessments paid by the landowner, and any other factors the agency determines should be considered to ensure that the landowner receives a Eair tmd reasonllble price Eor the land. . fi6959. All Inoney deposited in the Eund pursuant to any' provision oE law requiring repayments to the state for assist- ance financed by the proceeds of the bonds authorized by this title shall be avmlllble Eor transfer to the General Fund. If'hen transferred to the Genenll Fund such monex shall be applied as a reimbursement to the General Fund on account oE pnl1ci~ p.'ll and interest 0/1 the bonds which has been paid from the General Fund. 66960. There is hereby appropriated from the General. Fund in the State Treasury for the purpose of this title. such an llmount as WIll equ.'ll the fOlJOWIIlg:. " (,1) Th..-lf sum annlJal~v as H,ill be neceSStlry to pay the prin- cip:ll oE lwd the in terest on the bonds issued and sold pursuant to the provL<;ions of this title, as principal and interest become due and payable. (b) That sum as is necessary to carry out the provisions of , .. .. Section 66961, which sum is appropriated without reg.'1rd to fiscal years. 66961. For the purpose of ctlrrying out the provisions of this h"tle, the Director of Fl/lance may by executive order authorize the If,7'thdrawal from the General Fund, of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authon'zed to be sold for the purpose oE carrying"out ~his title. Any amounts withdrmvn shall be deposited in the fund and shall be dis~ bursed by the board in accordance with this title. . 66962. - The cOInmittee may authorize the State Treasurer, . to sell all or any part of the bonds herein authorized at such. time or times fl.S may be fixed by the Treasurer. 66963. All proceeds from the sale of bonds, . except those derived frompremiwns and t1ccrued interest, shall be a Vall- able for the purpose provided in Section 66957 but shall not be available for transfer to the General Fund to pay principal lilld interest on bonds. The money in the fund m:lJ' be expend- ed only as hc;rein provided. . 66964. All proposed appropriations for the progrmns specified 111 ihis title, shall be included in a section in the Budget BIil for the 1980--8r and each succeeding fiscal year,. . for consideration by the Legislature. All tlpprOpnah'ons shall be subject to alllimitation~. enacted in the Budget Act and to. :lll fiscal procedures proscribed by law with respect to the expenditures of state funds, unless expressly exempted [rom such laws by a stl1lute en.'1cted by the Legislature. 1VO funds derived from the bonds tlUthorized by this title may be ex- pended purswwt.to ,lIJ appropriation not contalned in such section oE the Budget Act. Ii :1 :1 Ii i Text of Proposed Law-Proposition 8--Continued from page 33 (4) An tlction or proceeding to require the State ~VHter Resources Development System to comp~v rvith subdivision (b) of Section 11460 eF the H'ilter Code. (5) An liction or proceeding to require the Dep:lrtment of lV,lter Resources or its sllccessor agency to comp~v with the perm.'1nent tlgreement specified in subdivision (a) of Section 11256 of the lVater Code. (6) An action or proceeding to require the Department oE ~Vliter Resources or its succcssor agency to comply with the provislOns oE the contracts entered Into purslltwt to SectiO/l. 11456 of the lVater Code. ,(b) An tlction or proceeding described in p:lragraph (1) of subdh'ision (a) shall be commenced within one yeur :lfter the effectivc dl1le of the statute clwcted by Senate BIll 1VO. 200 of the 1979-80 Regubr Ses~iolJ oE the Legislature'- Any other action or proceeding dcsc;ribed in subdil'lsion (<1) shall be commenced within one ye,lr .'1fter the C,'111Se of actJOn arises unless a shorter period is otherwi'le provided by st.'1tute. (c) The sllP?rior court or a court of<lppeals sh1ll give pref. erence to the actions or procceciI/lgs described in this sectio~l over :dl civil :lctiofjs or proceedings pendl/1g in the court. The superior court sh'111 commence heanng any such action or proceedillK lvithin Sl)' months :lfter the cOlnmencewent of the .'1ction or proceeding. provided th:lt any such hean/lg Im1Y be delayed by JOI/lt stJiJl1h1tioll of the p.'1rtics or at the discretion of the court for good cause shown. The provisions of this sectIOn shall supersede .7ny provisions of 1:IW requiring courts to gh.c preference to other eil'Jl ::u:tions or proceedings. The provisions oEthi5 subdiVision may be enforced by IlwndnTl1us. (d) J'lle Supreme Court sh:111, upon the request oE W1Y pnr(v, tnlllsfer to itself. beEore .1 decislOn in the cOllrt of ap- peal, .'1ny appetll or petition for extraordinary relief from tm action or proceeding described in this section, unless the Su- preme Court de/erIm/1es tl1:l.t the :lction or proceedJilg is lln- likely to subst.'1ntially affect (1) the construction, operation, or maintenance of the peripheral c.'1n:1lunil described 1/1 sub- division (ll) of Sech'on 11255 of the l~ller Code, (2) con1pli. ance with subdinsion (b) of Section 1146!Jofthe IVtlter Code, (3) cO/npli:ll1ce with the permanent agreement specified in Section 11256 of the ~Vater Code,. or (4) compliance with the prm'7sions of the contracts entered Into purswwt to Section 11456 of the IVater Code.. The request for tnmsfer slwll re- ceive preEerence on the Supreme Courts calendar. If the action or prC?ceeding is tnmsEerred to the Supreme Court, the Suprenle Court shall commence to het1r the m:'ltter withJil S1:\. months oE the transfer pnless the pt1rties by joint'stipu1:ltion request <iddition.'11 tJlne or the court, for good cause shown, gr,'1nts tulditiopal tinle. - (e) The remedy prescribed by the court Eor an action or ~ proceeding described 1/1 panlgraph (4), (5), or (6) ofsubdivi- sian (a) shall include, but-need not be limited to, compliuIlce with subdivi~7.on (b) of Section 11460 of the H':der Code, the permanent agreement specified in Section 11256 of the JVater' Code, or the provisions of the contracts entered Into pursll<1nt to Section 11456 of the IVatcr Code. (E) The Board of Sllpen'isors of the COlInty of S:'lCnunento may apply to the State Board of Control for :/.Ctwd costs im- posed by tHe requirements of this section upon the coun(l., and the Sl<.lte BO<.lrd of Control sh,111 pay such actual costs. (g) Notwithstanding the /Jrovlsions of th1s section, nothing in thIS Article slwll be construed :.15 prohibitl/lg the Supreme Court Erom exercIsing the tnmsEer authority contwlJCd 1/1 Ar- ticle VI, Section 12 of the Constitution. . SEe 7. State agencies. shall exercise their authorized powers 111 a m:U1I1er conSIstent with thc protections prUl'ided b.v this arh'cle. . SEe 8. This article sh,111 lwve no force or eEEect unless SC/wte Blll1\'0. 200 oE the 1979-80 Regular Session of the Legis. Jature is enacted and t.lkes efEect. , I I ,I :1 53 5096.206~ All proposed appropriah'ons for the program shall be included in a sechon in the Budget Bill for the 1980-81 fiscal year and each succeeding fiscal year for considerahon by the LegI:<;1l1ture and shall bear the C:lphoIl "P.1rklands Ac- quisih'on and Development Progrllm. "The sechOIl shall COIl. . tain separate items for each projec~ each class of projects, or each element of the program for which !1JJ appropriation is made, All :lppropriahons shall be subject to alllimitahons enacted in the Budget Act and to all fiscal procedures prescribed by ltllV with respect to the expenditure of state funds unless ex- pressly exempted [rom such laws by a statute enacted by the Le!}islature, Such section shall contain proposed appropria- bans only for the program elements and classes of projects contenlplated by this ch:lpter, and no funds derived from the bonds ~1uthorized by this chapter may be expended pursuant to an appropnation not contained in such section of the Budget Act. 5096.20.7. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as pro- vided in the State General Obligation Bond Law (Chapter 4 (comnJencing Hith SecNon 16720) of Part 3, Division 4, Title 2 of the Government Code), and aU of the provisions o[that law are llpplicable to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full herein. 5096.208. For the purpose of authorizing the issuance and sale, pursuant to the State Gener~'1l Obligah"on Bond Law, of the bonds authorized by this chapter, the Parklands. Program Finance Committee is hereby created. Th~ committee con- sists of the Governor, the State Controller, the Director of Finance, the State Treasurer, and'the Secretary of the. Re- Sources Agency. For the purposes of this chapter. the Pc'lrk- lands Progranl Finance Committee shall be "the committee" as that term is used in the State General Obligation Bond Laa~ and the State Treasurer shall serve as chakman 0/ the com. mittee. The Secretary of the Resources Agency is hereby designated as "the board" for the purposes of the State Gen- eral Obligation Bond L1W, 5096.209. As used in this chapter, and for the purposes oj the State General Obligahon Bond Law, "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, cih'es, districts, and public agencies, 5096.210. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in such depositories and shall be a vailable for transfer to the General Fund as a credit to expenditures for bond interest, 5096.211. Commencing with the Budget Bill for the 1990- 91 fiscal year, the balance remaining in the fund may be ap- propnated by the Legislature for expenditure, without regard to the maximum amounts allocated to each element of the program, for any or all elements of the program specified in Secb'on 5096.151, or any class or classes of projects within such elements, that the Legislature deems to be of the highest priority. 5096.212. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are no"t ''proceeds of taxes" as that term is used in Arh'cle XIII B of the Califorma Constitution, the disburse- ment of these proceeds is not subject to the limitations im- posed by that arb'cle, 5096.213. If any provision of this chapter or the applicah'on thereof to any person or circumstances is held invalid, such il1validity shall not affect other provisions or applicah'ons of the chapter which can be gI'ven effect without the il1valid provisiol1 or application, and to this end, the provisions of this chapter are severable. , ., Text of Proposed Law-Proposition 2-Continued [rom page 9 mone~"s in the-funds shall be aVaJll1ble for expenditure in accordance with this division by the California Tahoe Con- servancy Agency. A/oneys in the fund shall be available for expenditure for the following purposes: (:1) For the acquisition of lands threatened with develop- ment that will adversely affect the region s natural environ- ment, will adversely affect the use. management, or protcch'OIl of public l:mds in the vicinity of the development, or will have a combination of such effects. In parhcul.1r, pref. erence shall be given to the acquisition of l/mds within stream environment zones and other lands that, if developed, would be likely to erode or contribute to the further eutrophication or degradation of the waters of the region due to that or other causes, "Stremll environment zone" means thllt area which surrounds ,1 strcanJ, including major streams, minor streams, and draJIltlge ways; which owes its biologI'cal and physical characteristics to tlle presence of ~vllter; which may be inun- dated by a strellm; or in which ach'ons of mml or nature may directly or indirectly affect the stre:uJJ. A stre/1m includes small lakes, ponds, and marshy areas through which the stream flows. Acquisitions made pursuant to th1:<; subdivision are not 1Iltendcd to replace, wholly or partJally, the exercise of any authority conferred by law for the protection of the regioll s natural environment, includlIlg streanl ent7"ronment zones, or the proteco'on of public lands and resources, Accord- ingly, every public 0[fic1al or agency responsible for the ad- ministration or enforcement of any law hllnng any of those purposes sh:ul conhnue to administer or enforce sllch law with respect to lands acquired pursuant to this title, notwith- 52' 102ft?! . Stand1ng the making of any acquisih'on pursuant to this sub- diviSIOn. (b) For the acqwsih'on of lands whosepnmaryuse WJll be public lakeshore access, preservah"on of riparia.n or littoral wildlIfe habitat, or recreah'on, or a combination thereof. (c) For the acqUlsih'on of lands that do not satisfy the re- quirements of either subdinsion (a) or (b) but which, if ac- gwred, would [acJ1itate one or both of the Following: (1) Consolidation of lands for their more effech've manage- ment as a unit, (2) PrOVIsion of public access to other public lands. As used In this section, "UJJdeveloped land" includes land that has been sllbdin'ded and improved ~n'th streets and uhlj-; b'es, but does not have structures other than those rel/lted to such streets and uhlities. 66958. (a) When sold, the bonds authorized by th1s b'tle shall consh"tute valid and legally bindIng general obligah"ons of the State of California, and the full faith and credit of the State of Cabfornia is hereby pledged for the punctual pay- ment of both principal and interest thereon, (b) There shall be collected annually In the same manner and at the same nIne as other state revenue is collected such a sum, in addib'on to the ordinary revenues of the state, as - shall be reqUIred to pay the interest ~'1l1d principal on the bonds maturing each year, and it lS hereby made the duty of all officers charged by law WJ'th any duty in regard to the collection of the revenue to do and perform each and every act which shall be necessary to collect that addih'onal sum, (c) All money deposited in the fund which has been dedved from premium and accrued 1nterest on bonds sold of smoke from any such lighted smoking equipment. (e) "St.7te Dep.7rtment of IJealth Services" mea11S such Dep.7rtmcnt or any Sl/ccessor thereol (I) An)' J:.lcility or area which qwllifies as both <'1 "Pl:1CC of Employment" and as a "Public Placc" shall be treated for plIrposes of this Chapter sole~v as a "Public Place. .. (g) The Standards adopted pllrswmt to Section 25939 shall contain such other definitions as the State Department of He.7lth Services shall deem appropriate. 12593.9.2 Amendment W~ith the exception of this Section., Section 25937 :.md the purpose .1nd intent expressed in Sections 25932 and 25938, this Chapter mll)' be :.unended by the State Legislature; provided, how()vcr~ that :ll1Y .11I1cndment to this Chapter shedl be con- , .~ sistent H~ith such purpose and intent 125939.3 Severability If any provision of this Chapter or the applic.7tion thereof to any person or circl/mstance is held invalid, any slIch inV:'l- lidity slwll not affect other provisions or applications of this Chapter which C.7/1 be give/1 effect without the Jilvalid provi- sion or application, and to this end, the provisions of this Chapter are severable. SECTION 2: Effeclive Date Chapler 10.7 of the Health and .Safety Code shall become effective 120 days after approval by the electorate; provided, however, that the duty of the State Department of Health Services to begin the process of promulgating Standards thereunder shall become effective immediately. i I I I I If ):'ou have any questions on voting call your County Clerk or Registrar of Voters ~1l00-862 9-80 8,402,000 CAUFQI\."UOf).,o. 'C' t i\' LJ, ~\ 55 OF ff"T'EPIUS'1Th'G \ Text of Proposed uw-Proposition 10--Continued from page 41 designated purswwt to this Chtlpter shall be consistent with the purpose and intent of this Chlpter lwd shall conform with the folloH-ing criteria: (a) Smoking ,wd no smoking sectioIlS need not be sep<lrat- ed b,v walls, p,lrtitions or other barriers, No construction or erection of waJis, partitions or other barriers shall be required to comply with this Chapter, (b) Facilities :md areas i1] which it would be inapproprh2te to hnnt smoking (111eluding, but not hlnited to, anyenelosed room norm:uly occupied exclusivefv by persons wh..o smoke; hotel and motel rooms designed for rental to overnight guests; and tlrC<IS llsed for private social functions whIle being so used) m,Jy be design:J.ted in t11eir entirety as snlOklllg arellS. (c) F:'1C1Jities and areas 112 whickit would be impractical to cre,1te smok111g and no smoking sections (including, but /Jot limited to, ele'vators, buses and, except for tobacco stores, those portlOns of retail stores open to the public) shall be design.'1ted in their entirety as no smoJ..-.lilg areas. (d) Any employee working in an enclosed place ofemploy- ment who desires his or her work station to be in c'1 no smoking sech"on or are:l sh.'111 be so tlCcommod:lted. (e) SmokllJg shall not be hnn"ted in private hospital roonlS. Smoking may be permitted in semi-priv:1te hospita/ rooms tmd wards onfv if all patients thereill have requested to be placed in a room in which smoking is permitted. (f) lVotwithstanding any other provision of this Chapter, any hicility or are.'1 ma;.. be desigrwted in its entirety as a no smoking are,l by the owner or m,mager thereof 925935 Signs (<'1) Ercept 1/1 f:1cilities owned and used or leased and used by governmental entities subject to thiS Chllpter, clearfv legi- ble signs shall be conspicuously posted in eveZv no smoking sectIOn :md 110 smokl11g area established pursuant to this Ch.'1pter stating thut smoking therein is unlawful Such signs shall be sufficiently large and numerous liS to give reasonable notice to all persons in <'1 no smoking section or no smoking areu that smoking is unlawful there. Such posting shall be the obligation of the lessee of leused premises and the obligaHon of the owner of premises which :ire not leased (b) In any f:lcility owned and used or leased and used by ,'1 go Fernlllcnt:u enti(v subject to this Clwpter., clcar~v legible signs shall be conspicuousfv posted 1/1doors:lf eVeI}' entrance to the fac11i(v. Such signs shnll state that smoking is unlmvful throughout such ['1cllity except 1/1 designated smok111g are,lS :md in slllg1e-occup.'lllt offices. lVO such governmental entit,y shall pay more than fifty cents (plus a reasonable adjustment for infl.1tion since lVovember 15. 1979) for [wy sign referred to in this SubsectioIJ. Such governmental enb'ties sh:llluse exist111g resources to 1l1sft1l1 sllch signs and skul not request or obtain incre,'1sed budgetary allocations to install such signs. (c) Notwithsftl.I1ding any other provision of this Section, the Stand<'lrds adopted purswmt to Section 25939 slwll set forth .'1reas, facIlities and entr<'1nces where the posting of no smoking signs is unnecessary to fulfill the purpose of this Chapter including, but not I1lnited to, entrances to elemen- hlry s(:hool cl<'lssrooms. lVO signs need be posted in such areas :md faCIlities or :It such entrances. (d) Notwithstanding :In}' other provi'iion of this Section, 1/1 :my 110 smoking section or .'1rca in which signs indictlting that sIllokl11g is not pennitted are already COlbpicllously posted 0/1 the d.'lte this measure is approved by the electorate, signs othenvise required by tlllS Section need not be posted untJl such pre-existing signs arc worn out or removed 925936 Viola tions (a) Viol:1tion of any pro~7sion of thIS Chapter is 'an infrac- tion. Any person who violates any provision of tlus Ch<'lpter shall be subject to ,'1 fine of $i5 per violation. ;1 (j2 9i 54 (b) Enforcen1ent of this Chapter shalll:e by cifation. No person may be taken into custody or be subject to search by pe<'1ce officers solely because of the violation or suspected violation of thIS Chapter. . , (c) Each day on which a violation of the sign~postJi1g re- quirements of thIS Chapter occurs shaD be a dist1/lCt and sepa~ rate violation. (d) Enforcement of the sign-posting requirements of thIS Clwpter shall be by the State DeptlFtlnent of Health Services, local hell1th departments and local law enforcement depart~ ments. 1!--'nforcement of all other prOVIsions of this Chapter shall be by local./aw enforcement dep.irtments. 925937, A'o D1scn"mination No person Sh.'ll1 discharge, refuse to hire, or in any manner mscrinul18te against any employee or .'1pplicant for employ~ ment because such employee or applicant exercises any rights altorded by this Chapter. 925938 No Preemfj-tion It is not intende th:lt this Chapter preempt the field of smoking legisi.'ltion. The State Le!J1s1ature, local governing bodies and state and local adminIstrative agencies may enact further le/Jlslation and regulations to protect the health, com~ fort and environment of nonsmokers. This Chapter does not permit smoklllg where othenVlse restricted by law. 925939 Standards (a) ~Vithin 90 days after llpproval of thIS measure by the electorate, the State Department of l1ealth Services shall adopt specific Standards in accordance with Chapter 4,5 (commencing with Secb"on 1i371, P,lrt 1, DiVIsion J, Title 2 of the Government Code) to implement the pro"7sions of this Chapter. The Standards shall, among other th111gS, specify those facilities and areas which m.'1Y be designated III their entirety as smok111g areas pUrSllflI1t to Section 25934(b) and which shall be. designated in their entirety as no smoking areas pursuant to Section 259J4(c). The Standards may be amended in accordance 'oVl'th Chapter 4,5 of the Government Code. (b) The State Department of Health Services shall have exclusive adm111Jstrativejunsdiction under this Chapter with respect to the issuance ofStand.'1rds for the establishment and desigI111tion of smokJilg and no smoking sections and areas in places of employment. (c) The State Dep:1rtment of Health Services shall use ex~ isting resources and shll11 not request or obtain increased budgetary allocations to carry out its duties under thIS Chap- ter. A'o special bureaucracy shall be created within the State Depllrtmcnt of Health Services or ~Vl'thin any other govern~ mental agency for the admimstration of tlus Chapter or the Standards. 925939.1 Definitions (a) ''Place ofEmployment"means any.'1rea under the con- trol of,'1 public or private employer which employees normal- ly frequent during the course of employment, including. but not binited to, work areas, employee lounges, nJeetJi1g rooms, and employee cafeterias. A private residence IS not a "place of eInployment " (b) "Public Place" means any area to which the public is invited or III which the public IS permitted, including, but not limited to, restaurants, theaters, waihng rooms, reception areas ,md instrument:dih'es of public tnmsportation. A private re.n.dence IS not a "public place. " (c) "Second-hand Smoke.' means both smoke from the burning ends of cigarettes, cigars and pipes and smoke ex~ haled by persons who sInoke. (d) ''Smoking'' or to "Smoke" means and includes the car- rY111g or holding of a lighted cigarette, cigar, pipe or any other lighted smoking equipment used for the practice commonly kllol'vn as smok111g, or the in ten tiomd in11.'11ation or exhalatio'n