5624. (a) The program established by this chapter shall be
administered by the Department of Parks and Recreation.
(b) The Roberti-Z'berg-Harris Urban Open-Space and Recreation
Program Account is hereby created in the General Fund and the money
therein is hereby continuously appropriated, without regard to fiscal
years, to the department for the program established by this chapter
and funded pursuant to Item 271 of the Budget Act of 1976, Item 227
of the Budget Act of 1977, Item 222 of the Budget Act of 1978, Item
235 of the Budget Act of 1979, and Section 4 of Chapter 1166 of the
Statutes of 1979, and pursuant to statutes enacted subsequent thereto
that appropriate funds for this program.
(c) The unallocated balance in the General Fund appropriated
pursuant to Item 271 of the Budget Act of 1976, Item 227 of the
Budget Act of 1977, Item 222 of the Budget Act of 1978, Item 235 of
the Budget Act of 1979, and Section 4 of Chapter 1166 of the Statutes
of 1979 is hereby transferred to the account.
5624.5. An amount equal to one dollar and fifty cents ($1.50) per
capita of the state on the January 1 of the fiscal year immediately
preceding the fiscal year in which the transfer is made, as specified
in the Budget Act, shall be transferred annually to the Roberti-Z'
berg-Harris Urban Open-Space and Recreation Program Account from the
Special Account for Capital Outlay in the General Fund for the
1986-87 fiscal year and for each fiscal year thereafter.
Notwithstanding Section 5624, the funds transferred to the account
pursuant to this section shall be available for expenditure only when
appropriated by the Legislature in the annual Budget Act. This
section shall not preclude the Legislature from augmenting this
amount for the Roberti-Z'berg-Harris Urban Open-Space and Recreation
Program from other fund sources, including tideland oil revenues.
5624.6. Notwithstanding any other provision of this chapter, grants
from moneys appropriated from the Parklands Fund of 1984 shall be
made according to, and are governed by, this chapter as it existed on
June 5, 1984. However, Section 5625.3, where applicable, shall be
complied with regardless of the source of moneys for the grant.
5625. (a) Annual grants shall be made to cities, counties, and
districts for recreational purposes, open-space purposes, or both, on
the basis of population and need, as specified in this chapter. The
director shall, by regulation, specify the procedures to be followed
in applying for grant funds. The director shall propose criteria for
determining priority of need, conduct public hearings on those
proposed criteria, and, following the hearings, shall submit the
proposed criteria to the Legislature for its approval by statute
within 60 days of submission of the criteria. A new, revised, or
amended criterion or a criterion to be deleted shall be submitted to
the Legislature for its approval by statute. Following legislative
approval, the director shall establish the criteria and publish them
in the California Code of Regulations. The criteria, and a change
thereof, shall be distributed in a convenient form to potential
applicants.
(b) The director shall, by regulation, require the recipient of a
grant under this chapter to submit periodic reports to the department
with respect to its use of the grant, but the reports shall not be
required to be submitted more frequently than annually.
(c) All projects and programs for which a grant is received shall
be subject to state audit.
5625.2. Block grants may be made pursuant to this chapter for the
rehabilitation of historical structures so long as the structure is
located within a park or recreation area and the structure's
rehabilitation will complement or enhance the recreational use of the
park or recreational area.
5625.3. In addition to the application procedures specified
pursuant to subdivision (a) of Section 5625, prior to submitting an
application for a grant for a project involving the acquisition of
productive agricultural lands or other lands the acquisition of which
may have an adverse economic impact on neighboring agricultural
operations, the city, county, or district proposing to make the
application shall hold a public hearing within the county in which
the proposed project is located at which members of the public may
comment on the proposed project. Notice of the hearing shall be
published at least twice in a newspaper of general circulation in the
county. A summary of comments made at the hearing by members of the
public and representatives of the city, county, or district shall
accompany the application. Copies of the summary shall also be
available for inspection and review by any person.
5625.5. Grants made to cities, counties, and districts for each
fiscal year pursuant to subdivision (a) of Section 5625 shall be
based on the jurisdictional boundaries of recipients as of July 1st.
5626. (a) The property acquired or developed pursuant to this
chapter shall be used by the grant recipient only for the purpose for
which the grant moneys were requested and no other use of the area
shall be permitted except by the specific act of the Legislature. Any
project funded with grant moneys received pursuant to this chapter
shall conform to the recreation element of any applicable city or
county general plan.
(b) Notwithstanding Item 271 of the Budget Act of 1976, Item 227
of the Budget Act of 1977, Item 222 of the Budget Act of 1978,
Section 5627, 5628, 5629, or 5630, or any other provisions of law,
jurisdictions eligible to receive need basis or block grant moneys
pursuant to this chapter shall have one year from the effective date
of each act appropriating grant moneys to apply for such grant
moneys. Such moneys that are not applied for during the one-year
period shall be allocated by the department pursuant to subdivision
(b) of Section 5630 during the succeeding fiscal year as grants to
cities and recreation and park districts in urbanized areas on a
project-by-project basis and on the basis of need.
(c) (1) Grant moneys shall be encumbered by the recipient of such
moneys within three years of the date of approval by the director of
the application for such moneys. Any part of grant moneys not
encumbered within the three-year period shall revert to the
unallocated balance in the account and may be reallocated by the
department pursuant to subdivision (b) of Section 5630 not later than
the end of the next succeeding fiscal year.
(2) Notwithstanding the provisions of paragraph (1) of this
subdivision, grant moneys appropriated by Item 271 of the Budget Act
of 1976, Item 227 of the Budget Act of 1977, Item 222 of the Budget
Act of 1978, Item 235 of the Budget Act of 1979, and Section 4 of
Chapter 1166 of the Statutes of 1979, if the grant application is
approved by the director prior to September 17, 1980, may be
encumbered within three years of the date of grant approval or by
December 31, 1981, whichever date is later.
(d) The legal counsel of the grant recipient shall certify to the
department that the grant recipient has met, or will meet, all
federal, state, and local environmental, public health, relocation,
affirmative action, and clearinghouse requirements and all other
appropriate codes, laws, and regulations prior to the expenditure of
the grant funds.
5626.1. (a) Notwithstanding Sections 5625 and 5626, the Olivehurst
Public Utility District may use the Youth Center Building in
Olivehurst, which was developed pursuant to a grant made under
Section 5625, for youth and adult recreational programs, community
service programs, and other public benefit and recreational programs
consistent with the jurisdiction of the Olivehurst Public Utility
District.
(b) Notwithstanding Sections 5625 and 5626, the Olivehurst Public
Utility District may lease or enter into other forms of agreement for
the recreational or community service use of the Youth Center
Building in Olivehurst by public or private organizations or
individuals, under terms and conditions approved by the Board of
Directors of the Olivehurst Public Utility District.
5626.3. Notwithstanding Sections 5625 and 5626, the County of Los
Angeles may convert to a use not authorized under those provisions
not more than 9.67 acres of parkland in El Cariso Park, if the county
complies with the Public Park Preservation Act of 1971 (Chapter 2.5
(commencing with Section 5400)), and submits to the department a copy
of all documents evidencing the county's interest in the substitute
parkland required under the act.
5627. (a) Grant moneys received pursuant to this chapter shall be
expended for high priority projects that satisfy the most urgent park
and recreation needs, with emphasis on unmet needs in the most
heavily populated and most economically disadvantaged areas within
each jurisdiction.
(b) Grants received pursuant to this chapter shall be expended
only for acquisition, development, or both, except that not more than
30 percent of the amount received by a city, county, or district in
an annual period may be utilized for special major maintenance
projects, provided the projects are related to land acquired or
developed, or both, in whole or in part, with state moneys under this
chapter, or for innovative recreation programs, or for both.
(c) Grants to cities, counties, and districts pursuant to this
chapter shall be on the basis of 70 percent state money and 30
percent local matching money, not less than one-third of which shall
be from private or nonstate sources of funds, for the project. Grants
for acquisition shall be matched only by money or property donated
to be part of the acquisition project. Grants for development may be
matched by monetary contributions or, if nonmonetary contributions,
as provided in regulations and standards which shall be established
by the director after a public hearing. The component of local
matching money consisting of funds from private or nonstate sources
may, at the option of the grant recipient, be calculated as a
percentage of the total amount granted in that fiscal year to a grant
recipient, rather than on a project-by-project basis.
(d) The component of local matching money from private or nonstate
sources required by subdivision (c) may be in the form of and
include, but is not limited to, the following: cash donations, gifts
of real property, equipment, and consumable supplies, volunteer
services, free or reduced-cost use of lands, facilities, or
equipment, and bequests and earnings from wills, estates, and trusts.
Funds from nonstate sources that qualify for the purposes of
subdivision (c) are funds from the federal government and local
public agencies other than the grant recipient. Real property, cash,
or other assets required to be transferred to a public agency
pursuant to Section 66477 of the Government Code or any other
provision of law may not qualify as funds from a private or nonstate
source; however, they shall qualify as the monetary or nonmonetary
contribution required to be furnished by the grant recipient pursuant
to subdivision (c).
(e) The grant recipient shall certify to the department that there
is available, or will become available prior to the encumbrance of
any state funds for any work on the project for which application for
a grant has been made, matching money from private or nonstate
sources. Certification of the source and amount of nonstate funds
shall be set forth in the application for a grant submitted to the
department. However, in recognition of the fact that raising private
funds frequently requires an initial evidence of matching public
funds, the certification of the source and amount of the private
funds shall be made by the applicant at least 30 days prior to actual
release of state funds.
(f) Local matching money may not be required with respect to an
applicant that has urgent unmet needs for recreational lands or
facilities, and lacks the financial resources to acquire or develop
recreational lands or facilities, as determined pursuant to a formula
set forth in regulations adopted by the director after a public
hearing. In addition, with respect to applications for grants
submitted for areas where private financial resources are of limited
availability or submitted for projects or programs that are not of a
type likely to attract private funds, the director shall, if the
project conforms to regulations adopted by the department, waive the
requirement that at least one-third of local matching money be from
private sources. The regulations shall establish criteria and
procedures for the waiver. These criteria may provide for
consideration of the average per capita income, unemployment rate,
crime rate, and recent history of plant or business closures in the
area of the applicant's jurisdiction where the grant will be
expended.
(g) Notwithstanding subdivisions (c), (d), (e), and (f), funds
from the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002 (Chapter 1.696 (commencing with
Section 5096.600)) that are or have been appropriated on or before
June 30, 2004, for the purposes of this chapter do not require local
matching money.
5628. Sixty-nine percent of the moneys available for grant purposes
in any one fiscal year shall be available only for block grants to
cities, counties, and districts in urbanized areas for the
acquisition or development of, or for special major maintenance of,
recreational lands and facilities, or for innovative recreation
programs, and shall be apportioned on the basis of population in the
following manner:
(a) Sixty percent of the moneys shall be allocated to cities and
to districts in urbanized areas in the proportion that the population
of the jurisdiction bears to the population of all cities and
districts in urbanized areas throughout the state. Recognizing that
the boundaries of cities and of districts may overlap, only the
population of the jurisdiction which will actually provide and
administer the recreational service contemplated shall be counted in
the area of overlapping jurisdiction. The population of districts
within urbanized areas shall be certified by the board of supervisors
of each county.
(b) Forty percent of the moneys shall be allocated to urbanized
counties and to regional park districts in urbanized areas in the
proportion that the total population of the jurisdiction bears to the
total population of all urbanized counties and regional park
districts in urbanized areas throughout the state. Recognizing that
the boundaries of counties and regional park districts may overlap,
only the population of the jurisdiction which will actually provide
and administer the recreational service contemplated shall be counted
in the area of overlapping jurisdiction.
5629. Fourteen percent of the moneys available for grant purposes
in any one fiscal year shall be available only for block grants to
cities, counties, and regional park districts in heavily urbanized
areas for the acquisition or development of, or for special major
maintenance of, recreational lands and facilities, or for innovative
recreation programs, and shall be apportioned on the basis of
population in the following manner:
(a) Sixty percent of the moneys shall be allocated to large cities
which constitute heavily urbanized areas in the proportion that the
population of the recipient bears to the population of all cities and
recreation and park districts in heavily urbanized areas throughout
the state.
(b) Forty percent of the moneys shall be allocated to large
counties and regional park districts which constitute heavily
urbanized areas in the proportion that the total population of the
recipient bears to the total population of all large counties and
regional park districts which constitute heavily urbanized areas
throughout the state. Recognizing that the boundaries of counties and
regional park districts may overlap, only the population of the
jurisdiction which will actually provide and administer the
recreational service contemplated shall be counted in the area of
overlapping jurisdiction.
5630. Seventeen percent of the moneys available for grant purposes
in any one fiscal year shall be available only for need basis grants
to cities, counties, and districts on a project-by-project basis and
on the basis of need for the acquisition or development of, or for
special major maintenance of, recreational lands and facilities, or
for innovative recreation programs, on the following basis:
(a) Eighty-eight percent of the moneys shall be available for
grants to cities, counties, and districts in nonurbanized areas on a
project-by-project basis and on the basis of need for the acquisition
or development of, or for special major maintenance of, recreational
lands and facilities, or for innovative recreation programs. The
criteria for determining need shall include, but are not limited to,
deficiencies in existing park and recreational lands and facilities,
the impact of participants from outside the jurisdiction, and the
overall merit of the grant proposal.
(b) Twelve percent of the moneys shall be available for grants to
cities and recreation and park districts in urbanized areas on a
project-by-project basis and on the basis of need for the acquisition
or development of, or special major maintenance of, recreational
lands and facilities, or for innovative recreation programs. The
criteria for determining need shall include, but are not limited to,
population density and the inability to complete park and recreation
projects due to low total assessed valuation in the jurisdiction.
Jurisdictions eligible for funds under subdivision (a) of Section
5629 shall not be eligible for funds under this section.
5630.5. Grants may be made to memorial districts only for indoor
and outdoor park and recreation facilities that meet the requirements
of this chapter and the criteria adopted pursuant to Section 5625.
5631. The department, in cooperation with the federal government,
local public agencies, and appropriate representatives of industry,
shall, from time to time as needed but no less frequently than once
every five years, coordinate and conduct a statewide needs analysis
in relation to the purposes of this chapter. That analysis shall
include a full review of the grant program authorized pursuant to
this chapter. The department shall report its findings and
recommendations from any analysis, including recommendations as to
funding levels and sources in connection with the grant program, to
the Legislature. The department may recommend specific legislative
changes to the program.
5632. The director shall, on or before January 1, 1978, and January
1 of each year thereafter, submit a report to the Legislature on all
grants made pursuant to this chapter.
5624. (a) The program established by this chapter shall be
administered by the Department of Parks and Recreation.
(b) The Roberti-Z'berg-Harris Urban Open-Space and Recreation
Program Account is hereby created in the General Fund and the money
therein is hereby continuously appropriated, without regard to fiscal
years, to the department for the program established by this chapter
and funded pursuant to Item 271 of the Budget Act of 1976, Item 227
of the Budget Act of 1977, Item 222 of the Budget Act of 1978, Item
235 of the Budget Act of 1979, and Section 4 of Chapter 1166 of the
Statutes of 1979, and pursuant to statutes enacted subsequent thereto
that appropriate funds for this program.
(c) The unallocated balance in the General Fund appropriated
pursuant to Item 271 of the Budget Act of 1976, Item 227 of the
Budget Act of 1977, Item 222 of the Budget Act of 1978, Item 235 of
the Budget Act of 1979, and Section 4 of Chapter 1166 of the Statutes
of 1979 is hereby transferred to the account.
5624.5. An amount equal to one dollar and fifty cents ($1.50) per
capita of the state on the January 1 of the fiscal year immediately
preceding the fiscal year in which the transfer is made, as specified
in the Budget Act, shall be transferred annually to the Roberti-Z'
berg-Harris Urban Open-Space and Recreation Program Account from the
Special Account for Capital Outlay in the General Fund for the
1986-87 fiscal year and for each fiscal year thereafter.
Notwithstanding Section 5624, the funds transferred to the account
pursuant to this section shall be available for expenditure only when
appropriated by the Legislature in the annual Budget Act. This
section shall not preclude the Legislature from augmenting this
amount for the Roberti-Z'berg-Harris Urban Open-Space and Recreation
Program from other fund sources, including tideland oil revenues.
5624.6. Notwithstanding any other provision of this chapter, grants
from moneys appropriated from the Parklands Fund of 1984 shall be
made according to, and are governed by, this chapter as it existed on
June 5, 1984. However, Section 5625.3, where applicable, shall be
complied with regardless of the source of moneys for the grant.
5625. (a) Annual grants shall be made to cities, counties, and
districts for recreational purposes, open-space purposes, or both, on
the basis of population and need, as specified in this chapter. The
director shall, by regulation, specify the procedures to be followed
in applying for grant funds. The director shall propose criteria for
determining priority of need, conduct public hearings on those
proposed criteria, and, following the hearings, shall submit the
proposed criteria to the Legislature for its approval by statute
within 60 days of submission of the criteria. A new, revised, or
amended criterion or a criterion to be deleted shall be submitted to
the Legislature for its approval by statute. Following legislative
approval, the director shall establish the criteria and publish them
in the California Code of Regulations. The criteria, and a change
thereof, shall be distributed in a convenient form to potential
applicants.
(b) The director shall, by regulation, require the recipient of a
grant under this chapter to submit periodic reports to the department
with respect to its use of the grant, but the reports shall not be
required to be submitted more frequently than annually.
(c) All projects and programs for which a grant is received shall
be subject to state audit.
5625.2. Block grants may be made pursuant to this chapter for the
rehabilitation of historical structures so long as the structure is
located within a park or recreation area and the structure's
rehabilitation will complement or enhance the recreational use of the
park or recreational area.
5625.3. In addition to the application procedures specified
pursuant to subdivision (a) of Section 5625, prior to submitting an
application for a grant for a project involving the acquisition of
productive agricultural lands or other lands the acquisition of which
may have an adverse economic impact on neighboring agricultural
operations, the city, county, or district proposing to make the
application shall hold a public hearing within the county in which
the proposed project is located at which members of the public may
comment on the proposed project. Notice of the hearing shall be
published at least twice in a newspaper of general circulation in the
county. A summary of comments made at the hearing by members of the
public and representatives of the city, county, or district shall
accompany the application. Copies of the summary shall also be
available for inspection and review by any person.
5625.5. Grants made to cities, counties, and districts for each
fiscal year pursuant to subdivision (a) of Section 5625 shall be
based on the jurisdictional boundaries of recipients as of July 1st.
5626. (a) The property acquired or developed pursuant to this
chapter shall be used by the grant recipient only for the purpose for
which the grant moneys were requested and no other use of the area
shall be permitted except by the specific act of the Legislature. Any
project funded with grant moneys received pursuant to this chapter
shall conform to the recreation element of any applicable city or
county general plan.
(b) Notwithstanding Item 271 of the Budget Act of 1976, Item 227
of the Budget Act of 1977, Item 222 of the Budget Act of 1978,
Section 5627, 5628, 5629, or 5630, or any other provisions of law,
jurisdictions eligible to receive need basis or block grant moneys
pursuant to this chapter shall have one year from the effective date
of each act appropriating grant moneys to apply for such grant
moneys. Such moneys that are not applied for during the one-year
period shall be allocated by the department pursuant to subdivision
(b) of Section 5630 during the succeeding fiscal year as grants to
cities and recreation and park districts in urbanized areas on a
project-by-project basis and on the basis of need.
(c) (1) Grant moneys shall be encumbered by the recipient of such
moneys within three years of the date of approval by the director of
the application for such moneys. Any part of grant moneys not
encumbered within the three-year period shall revert to the
unallocated balance in the account and may be reallocated by the
department pursuant to subdivision (b) of Section 5630 not later than
the end of the next succeeding fiscal year.
(2) Notwithstanding the provisions of paragraph (1) of this
subdivision, grant moneys appropriated by Item 271 of the Budget Act
of 1976, Item 227 of the Budget Act of 1977, Item 222 of the Budget
Act of 1978, Item 235 of the Budget Act of 1979, and Section 4 of
Chapter 1166 of the Statutes of 1979, if the grant application is
approved by the director prior to September 17, 1980, may be
encumbered within three years of the date of grant approval or by
December 31, 1981, whichever date is later.
(d) The legal counsel of the grant recipient shall certify to the
department that the grant recipient has met, or will meet, all
federal, state, and local environmental, public health, relocation,
affirmative action, and clearinghouse requirements and all other
appropriate codes, laws, and regulations prior to the expenditure of
the grant funds.
5626.1. (a) Notwithstanding Sections 5625 and 5626, the Olivehurst
Public Utility District may use the Youth Center Building in
Olivehurst, which was developed pursuant to a grant made under
Section 5625, for youth and adult recreational programs, community
service programs, and other public benefit and recreational programs
consistent with the jurisdiction of the Olivehurst Public Utility
District.
(b) Notwithstanding Sections 5625 and 5626, the Olivehurst Public
Utility District may lease or enter into other forms of agreement for
the recreational or community service use of the Youth Center
Building in Olivehurst by public or private organizations or
individuals, under terms and conditions approved by the Board of
Directors of the Olivehurst Public Utility District.
5626.3. Notwithstanding Sections 5625 and 5626, the County of Los
Angeles may convert to a use not authorized under those provisions
not more than 9.67 acres of parkland in El Cariso Park, if the county
complies with the Public Park Preservation Act of 1971 (Chapter 2.5
(commencing with Section 5400)), and submits to the department a copy
of all documents evidencing the county's interest in the substitute
parkland required under the act.
5627. (a) Grant moneys received pursuant to this chapter shall be
expended for high priority projects that satisfy the most urgent park
and recreation needs, with emphasis on unmet needs in the most
heavily populated and most economically disadvantaged areas within
each jurisdiction.
(b) Grants received pursuant to this chapter shall be expended
only for acquisition, development, or both, except that not more than
30 percent of the amount received by a city, county, or district in
an annual period may be utilized for special major maintenance
projects, provided the projects are related to land acquired or
developed, or both, in whole or in part, with state moneys under this
chapter, or for innovative recreation programs, or for both.
(c) Grants to cities, counties, and districts pursuant to this
chapter shall be on the basis of 70 percent state money and 30
percent local matching money, not less than one-third of which shall
be from private or nonstate sources of funds, for the project. Grants
for acquisition shall be matched only by money or property donated
to be part of the acquisition project. Grants for development may be
matched by monetary contributions or, if nonmonetary contributions,
as provided in regulations and standards which shall be established
by the director after a public hearing. The component of local
matching money consisting of funds from private or nonstate sources
may, at the option of the grant recipient, be calculated as a
percentage of the total amount granted in that fiscal year to a grant
recipient, rather than on a project-by-project basis.
(d) The component of local matching money from private or nonstate
sources required by subdivision (c) may be in the form of and
include, but is not limited to, the following: cash donations, gifts
of real property, equipment, and consumable supplies, volunteer
services, free or reduced-cost use of lands, facilities, or
equipment, and bequests and earnings from wills, estates, and trusts.
Funds from nonstate sources that qualify for the purposes of
subdivision (c) are funds from the federal government and local
public agencies other than the grant recipient. Real property, cash,
or other assets required to be transferred to a public agency
pursuant to Section 66477 of the Government Code or any other
provision of law may not qualify as funds from a private or nonstate
source; however, they shall qualify as the monetary or nonmonetary
contribution required to be furnished by the grant recipient pursuant
to subdivision (c).
(e) The grant recipient shall certify to the department that there
is available, or will become available prior to the encumbrance of
any state funds for any work on the project for which application for
a grant has been made, matching money from private or nonstate
sources. Certification of the source and amount of nonstate funds
shall be set forth in the application for a grant submitted to the
department. However, in recognition of the fact that raising private
funds frequently requires an initial evidence of matching public
funds, the certification of the source and amount of the private
funds shall be made by the applicant at least 30 days prior to actual
release of state funds.
(f) Local matching money may not be required with respect to an
applicant that has urgent unmet needs for recreational lands or
facilities, and lacks the financial resources to acquire or develop
recreational lands or facilities, as determined pursuant to a formula
set forth in regulations adopted by the director after a public
hearing. In addition, with respect to applications for grants
submitted for areas where private financial resources are of limited
availability or submitted for projects or programs that are not of a
type likely to attract private funds, the director shall, if the
project conforms to regulations adopted by the department, waive the
requirement that at least one-third of local matching money be from
private sources. The regulations shall establish criteria and
procedures for the waiver. These criteria may provide for
consideration of the average per capita income, unemployment rate,
crime rate, and recent history of plant or business closures in the
area of the applicant's jurisdiction where the grant will be
expended.
(g) Notwithstanding subdivisions (c), (d), (e), and (f), funds
from the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002 (Chapter 1.696 (commencing with
Section 5096.600)) that are or have been appropriated on or before
June 30, 2004, for the purposes of this chapter do not require local
matching money.
5628. Sixty-nine percent of the moneys available for grant purposes
in any one fiscal year shall be available only for block grants to
cities, counties, and districts in urbanized areas for the
acquisition or development of, or for special major maintenance of,
recreational lands and facilities, or for innovative recreation
programs, and shall be apportioned on the basis of population in the
following manner:
(a) Sixty percent of the moneys shall be allocated to cities and
to districts in urbanized areas in the proportion that the population
of the jurisdiction bears to the population of all cities and
districts in urbanized areas throughout the state. Recognizing that
the boundaries of cities and of districts may overlap, only the
population of the jurisdiction which will actually provide and
administer the recreational service contemplated shall be counted in
the area of overlapping jurisdiction. The population of districts
within urbanized areas shall be certified by the board of supervisors
of each county.
(b) Forty percent of the moneys shall be allocated to urbanized
counties and to regional park districts in urbanized areas in the
proportion that the total population of the jurisdiction bears to the
total population of all urbanized counties and regional park
districts in urbanized areas throughout the state. Recognizing that
the boundaries of counties and regional park districts may overlap,
only the population of the jurisdiction which will actually provide
and administer the recreational service contemplated shall be counted
in the area of overlapping jurisdiction.
5629. Fourteen percent of the moneys available for grant purposes
in any one fiscal year shall be available only for block grants to
cities, counties, and regional park districts in heavily urbanized
areas for the acquisition or development of, or for special major
maintenance of, recreational lands and facilities, or for innovative
recreation programs, and shall be apportioned on the basis of
population in the following manner:
(a) Sixty percent of the moneys shall be allocated to large cities
which constitute heavily urbanized areas in the proportion that the
population of the recipient bears to the population of all cities and
recreation and park districts in heavily urbanized areas throughout
the state.
(b) Forty percent of the moneys shall be allocated to large
counties and regional park districts which constitute heavily
urbanized areas in the proportion that the total population of the
recipient bears to the total population of all large counties and
regional park districts which constitute heavily urbanized areas
throughout the state. Recognizing that the boundaries of counties and
regional park districts may overlap, only the population of the
jurisdiction which will actually provide and administer the
recreational service contemplated shall be counted in the area of
overlapping jurisdiction.
5630. Seventeen percent of the moneys available for grant purposes
in any one fiscal year shall be available only for need basis grants
to cities, counties, and districts on a project-by-project basis and
on the basis of need for the acquisition or development of, or for
special major maintenance of, recreational lands and facilities, or
for innovative recreation programs, on the following basis:
(a) Eighty-eight percent of the moneys shall be available for
grants to cities, counties, and districts in nonurbanized areas on a
project-by-project basis and on the basis of need for the acquisition
or development of, or for special major maintenance of, recreational
lands and facilities, or for innovative recreation programs. The
criteria for determining need shall include, but are not limited to,
deficiencies in existing park and recreational lands and facilities,
the impact of participants from outside the jurisdiction, and the
overall merit of the grant proposal.
(b) Twelve percent of the moneys shall be available for grants to
cities and recreation and park districts in urbanized areas on a
project-by-project basis and on the basis of need for the acquisition
or development of, or special major maintenance of, recreational
lands and facilities, or for innovative recreation programs. The
criteria for determining need shall include, but are not limited to,
population density and the inability to complete park and recreation
projects due to low total assessed valuation in the jurisdiction.
Jurisdictions eligible for funds under subdivision (a) of Section
5629 shall not be eligible for funds under this section.
5630.5. Grants may be made to memorial districts only for indoor
and outdoor park and recreation facilities that meet the requirements
of this chapter and the criteria adopted pursuant to Section 5625.
5631. The department, in cooperation with the federal government,
local public agencies, and appropriate representatives of industry,
shall, from time to time as needed but no less frequently than once
every five years, coordinate and conduct a statewide needs analysis
in relation to the purposes of this chapter. That analysis shall
include a full review of the grant program authorized pursuant to
this chapter. The department shall report its findings and
recommendations from any analysis, including recommendations as to
funding levels and sources in connection with the grant program, to
the Legislature. The department may recommend specific legislative
changes to the program.
5632. The director shall, on or before January 1, 1978, and January
1 of each year thereafter, submit a report to the Legislature on all
grants made pursuant to this chapter.
5624. (a) The program established by this chapter shall be
administered by the Department of Parks and Recreation.
(b) The Roberti-Z'berg-Harris Urban Open-Space and Recreation
Program Account is hereby created in the General Fund and the money
therein is hereby continuously appropriated, without regard to fiscal
years, to the department for the program established by this chapter
and funded pursuant to Item 271 of the Budget Act of 1976, Item 227
of the Budget Act of 1977, Item 222 of the Budget Act of 1978, Item
235 of the Budget Act of 1979, and Section 4 of Chapter 1166 of the
Statutes of 1979, and pursuant to statutes enacted subsequent thereto
that appropriate funds for this program.
(c) The unallocated balance in the General Fund appropriated
pursuant to Item 271 of the Budget Act of 1976, Item 227 of the
Budget Act of 1977, Item 222 of the Budget Act of 1978, Item 235 of
the Budget Act of 1979, and Section 4 of Chapter 1166 of the Statutes
of 1979 is hereby transferred to the account.
5624.5. An amount equal to one dollar and fifty cents ($1.50) per
capita of the state on the January 1 of the fiscal year immediately
preceding the fiscal year in which the transfer is made, as specified
in the Budget Act, shall be transferred annually to the Roberti-Z'
berg-Harris Urban Open-Space and Recreation Program Account from the
Special Account for Capital Outlay in the General Fund for the
1986-87 fiscal year and for each fiscal year thereafter.
Notwithstanding Section 5624, the funds transferred to the account
pursuant to this section shall be available for expenditure only when
appropriated by the Legislature in the annual Budget Act. This
section shall not preclude the Legislature from augmenting this
amount for the Roberti-Z'berg-Harris Urban Open-Space and Recreation
Program from other fund sources, including tideland oil revenues.
5624.6. Notwithstanding any other provision of this chapter, grants
from moneys appropriated from the Parklands Fund of 1984 shall be
made according to, and are governed by, this chapter as it existed on
June 5, 1984. However, Section 5625.3, where applicable, shall be
complied with regardless of the source of moneys for the grant.
5625. (a) Annual grants shall be made to cities, counties, and
districts for recreational purposes, open-space purposes, or both, on
the basis of population and need, as specified in this chapter. The
director shall, by regulation, specify the procedures to be followed
in applying for grant funds. The director shall propose criteria for
determining priority of need, conduct public hearings on those
proposed criteria, and, following the hearings, shall submit the
proposed criteria to the Legislature for its approval by statute
within 60 days of submission of the criteria. A new, revised, or
amended criterion or a criterion to be deleted shall be submitted to
the Legislature for its approval by statute. Following legislative
approval, the director shall establish the criteria and publish them
in the California Code of Regulations. The criteria, and a change
thereof, shall be distributed in a convenient form to potential
applicants.
(b) The director shall, by regulation, require the recipient of a
grant under this chapter to submit periodic reports to the department
with respect to its use of the grant, but the reports shall not be
required to be submitted more frequently than annually.
(c) All projects and programs for which a grant is received shall
be subject to state audit.
5625.2. Block grants may be made pursuant to this chapter for the
rehabilitation of historical structures so long as the structure is
located within a park or recreation area and the structure's
rehabilitation will complement or enhance the recreational use of the
park or recreational area.
5625.3. In addition to the application procedures specified
pursuant to subdivision (a) of Section 5625, prior to submitting an
application for a grant for a project involving the acquisition of
productive agricultural lands or other lands the acquisition of which
may have an adverse economic impact on neighboring agricultural
operations, the city, county, or district proposing to make the
application shall hold a public hearing within the county in which
the proposed project is located at which members of the public may
comment on the proposed project. Notice of the hearing shall be
published at least twice in a newspaper of general circulation in the
county. A summary of comments made at the hearing by members of the
public and representatives of the city, county, or district shall
accompany the application. Copies of the summary shall also be
available for inspection and review by any person.
5625.5. Grants made to cities, counties, and districts for each
fiscal year pursuant to subdivision (a) of Section 5625 shall be
based on the jurisdictional boundaries of recipients as of July 1st.
5626. (a) The property acquired or developed pursuant to this
chapter shall be used by the grant recipient only for the purpose for
which the grant moneys were requested and no other use of the area
shall be permitted except by the specific act of the Legislature. Any
project funded with grant moneys received pursuant to this chapter
shall conform to the recreation element of any applicable city or
county general plan.
(b) Notwithstanding Item 271 of the Budget Act of 1976, Item 227
of the Budget Act of 1977, Item 222 of the Budget Act of 1978,
Section 5627, 5628, 5629, or 5630, or any other provisions of law,
jurisdictions eligible to receive need basis or block grant moneys
pursuant to this chapter shall have one year from the effective date
of each act appropriating grant moneys to apply for such grant
moneys. Such moneys that are not applied for during the one-year
period shall be allocated by the department pursuant to subdivision
(b) of Section 5630 during the succeeding fiscal year as grants to
cities and recreation and park districts in urbanized areas on a
project-by-project basis and on the basis of need.
(c) (1) Grant moneys shall be encumbered by the recipient of such
moneys within three years of the date of approval by the director of
the application for such moneys. Any part of grant moneys not
encumbered within the three-year period shall revert to the
unallocated balance in the account and may be reallocated by the
department pursuant to subdivision (b) of Section 5630 not later than
the end of the next succeeding fiscal year.
(2) Notwithstanding the provisions of paragraph (1) of this
subdivision, grant moneys appropriated by Item 271 of the Budget Act
of 1976, Item 227 of the Budget Act of 1977, Item 222 of the Budget
Act of 1978, Item 235 of the Budget Act of 1979, and Section 4 of
Chapter 1166 of the Statutes of 1979, if the grant application is
approved by the director prior to September 17, 1980, may be
encumbered within three years of the date of grant approval or by
December 31, 1981, whichever date is later.
(d) The legal counsel of the grant recipient shall certify to the
department that the grant recipient has met, or will meet, all
federal, state, and local environmental, public health, relocation,
affirmative action, and clearinghouse requirements and all other
appropriate codes, laws, and regulations prior to the expenditure of
the grant funds.
5626.1. (a) Notwithstanding Sections 5625 and 5626, the Olivehurst
Public Utility District may use the Youth Center Building in
Olivehurst, which was developed pursuant to a grant made under
Section 5625, for youth and adult recreational programs, community
service programs, and other public benefit and recreational programs
consistent with the jurisdiction of the Olivehurst Public Utility
District.
(b) Notwithstanding Sections 5625 and 5626, the Olivehurst Public
Utility District may lease or enter into other forms of agreement for
the recreational or community service use of the Youth Center
Building in Olivehurst by public or private organizations or
individuals, under terms and conditions approved by the Board of
Directors of the Olivehurst Public Utility District.
5626.3. Notwithstanding Sections 5625 and 5626, the County of Los
Angeles may convert to a use not authorized under those provisions
not more than 9.67 acres of parkland in El Cariso Park, if the county
complies with the Public Park Preservation Act of 1971 (Chapter 2.5
(commencing with Section 5400)), and submits to the department a copy
of all documents evidencing the county's interest in the substitute
parkland required under the act.
5627. (a) Grant moneys received pursuant to this chapter shall be
expended for high priority projects that satisfy the most urgent park
and recreation needs, with emphasis on unmet needs in the most
heavily populated and most economically disadvantaged areas within
each jurisdiction.
(b) Grants received pursuant to this chapter shall be expended
only for acquisition, development, or both, except that not more than
30 percent of the amount received by a city, county, or district in
an annual period may be utilized for special major maintenance
projects, provided the projects are related to land acquired or
developed, or both, in whole or in part, with state moneys under this
chapter, or for innovative recreation programs, or for both.
(c) Grants to cities, counties, and districts pursuant to this
chapter shall be on the basis of 70 percent state money and 30
percent local matching money, not less than one-third of which shall
be from private or nonstate sources of funds, for the project. Grants
for acquisition shall be matched only by money or property donated
to be part of the acquisition project. Grants for development may be
matched by monetary contributions or, if nonmonetary contributions,
as provided in regulations and standards which shall be established
by the director after a public hearing. The component of local
matching money consisting of funds from private or nonstate sources
may, at the option of the grant recipient, be calculated as a
percentage of the total amount granted in that fiscal year to a grant
recipient, rather than on a project-by-project basis.
(d) The component of local matching money from private or nonstate
sources required by subdivision (c) may be in the form of and
include, but is not limited to, the following: cash donations, gifts
of real property, equipment, and consumable supplies, volunteer
services, free or reduced-cost use of lands, facilities, or
equipment, and bequests and earnings from wills, estates, and trusts.
Funds from nonstate sources that qualify for the purposes of
subdivision (c) are funds from the federal government and local
public agencies other than the grant recipient. Real property, cash,
or other assets required to be transferred to a public agency
pursuant to Section 66477 of the Government Code or any other
provision of law may not qualify as funds from a private or nonstate
source; however, they shall qualify as the monetary or nonmonetary
contribution required to be furnished by the grant recipient pursuant
to subdivision (c).
(e) The grant recipient shall certify to the department that there
is available, or will become available prior to the encumbrance of
any state funds for any work on the project for which application for
a grant has been made, matching money from private or nonstate
sources. Certification of the source and amount of nonstate funds
shall be set forth in the application for a grant submitted to the
department. However, in recognition of the fact that raising private
funds frequently requires an initial evidence of matching public
funds, the certification of the source and amount of the private
funds shall be made by the applicant at least 30 days prior to actual
release of state funds.
(f) Local matching money may not be required with respect to an
applicant that has urgent unmet needs for recreational lands or
facilities, and lacks the financial resources to acquire or develop
recreational lands or facilities, as determined pursuant to a formula
set forth in regulations adopted by the director after a public
hearing. In addition, with respect to applications for grants
submitted for areas where private financial resources are of limited
availability or submitted for projects or programs that are not of a
type likely to attract private funds, the director shall, if the
project conforms to regulations adopted by the department, waive the
requirement that at least one-third of local matching money be from
private sources. The regulations shall establish criteria and
procedures for the waiver. These criteria may provide for
consideration of the average per capita income, unemployment rate,
crime rate, and recent history of plant or business closures in the
area of the applicant's jurisdiction where the grant will be
expended.
(g) Notwithstanding subdivisions (c), (d), (e), and (f), funds
from the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002 (Chapter 1.696 (commencing with
Section 5096.600)) that are or have been appropriated on or before
June 30, 2004, for the purposes of this chapter do not require local
matching money.
5628. Sixty-nine percent of the moneys available for grant purposes
in any one fiscal year shall be available only for block grants to
cities, counties, and districts in urbanized areas for the
acquisition or development of, or for special major maintenance of,
recreational lands and facilities, or for innovative recreation
programs, and shall be apportioned on the basis of population in the
following manner:
(a) Sixty percent of the moneys shall be allocated to cities and
to districts in urbanized areas in the proportion that the population
of the jurisdiction bears to the population of all cities and
districts in urbanized areas throughout the state. Recognizing that
the boundaries of cities and of districts may overlap, only the
population of the jurisdiction which will actually provide and
administer the recreational service contemplated shall be counted in
the area of overlapping jurisdiction. The population of districts
within urbanized areas shall be certified by the board of supervisors
of each county.
(b) Forty percent of the moneys shall be allocated to urbanized
counties and to regional park districts in urbanized areas in the
proportion that the total population of the jurisdiction bears to the
total population of all urbanized counties and regional park
districts in urbanized areas throughout the state. Recognizing that
the boundaries of counties and regional park districts may overlap,
only the population of the jurisdiction which will actually provide
and administer the recreational service contemplated shall be counted
in the area of overlapping jurisdiction.
5629. Fourteen percent of the moneys available for grant purposes
in any one fiscal year shall be available only for block grants to
cities, counties, and regional park districts in heavily urbanized
areas for the acquisition or development of, or for special major
maintenance of, recreational lands and facilities, or for innovative
recreation programs, and shall be apportioned on the basis of
population in the following manner:
(a) Sixty percent of the moneys shall be allocated to large cities
which constitute heavily urbanized areas in the proportion that the
population of the recipient bears to the population of all cities and
recreation and park districts in heavily urbanized areas throughout
the state.
(b) Forty percent of the moneys shall be allocated to large
counties and regional park districts which constitute heavily
urbanized areas in the proportion that the total population of the
recipient bears to the total population of all large counties and
regional park districts which constitute heavily urbanized areas
throughout the state. Recognizing that the boundaries of counties and
regional park districts may overlap, only the population of the
jurisdiction which will actually provide and administer the
recreational service contemplated shall be counted in the area of
overlapping jurisdiction.
5630. Seventeen percent of the moneys available for grant purposes
in any one fiscal year shall be available only for need basis grants
to cities, counties, and districts on a project-by-project basis and
on the basis of need for the acquisition or development of, or for
special major maintenance of, recreational lands and facilities, or
for innovative recreation programs, on the following basis:
(a) Eighty-eight percent of the moneys shall be available for
grants to cities, counties, and districts in nonurbanized areas on a
project-by-project basis and on the basis of need for the acquisition
or development of, or for special major maintenance of, recreational
lands and facilities, or for innovative recreation programs. The
criteria for determining need shall include, but are not limited to,
deficiencies in existing park and recreational lands and facilities,
the impact of participants from outside the jurisdiction, and the
overall merit of the grant proposal.
(b) Twelve percent of the moneys shall be available for grants to
cities and recreation and park districts in urbanized areas on a
project-by-project basis and on the basis of need for the acquisition
or development of, or special major maintenance of, recreational
lands and facilities, or for innovative recreation programs. The
criteria for determining need shall include, but are not limited to,
population density and the inability to complete park and recreation
projects due to low total assessed valuation in the jurisdiction.
Jurisdictions eligible for funds under subdivision (a) of Section
5629 shall not be eligible for funds under this section.
5630.5. Grants may be made to memorial districts only for indoor
and outdoor park and recreation facilities that meet the requirements
of this chapter and the criteria adopted pursuant to Section 5625.
5631. The department, in cooperation with the federal government,
local public agencies, and appropriate representatives of industry,
shall, from time to time as needed but no less frequently than once
every five years, coordinate and conduct a statewide needs analysis
in relation to the purposes of this chapter. That analysis shall
include a full review of the grant program authorized pursuant to
this chapter. The department shall report its findings and
recommendations from any analysis, including recommendations as to
funding levels and sources in connection with the grant program, to
the Legislature. The department may recommend specific legislative
changes to the program.
5632. The director shall, on or before January 1, 1978, and January
1 of each year thereafter, submit a report to the Legislature on all
grants made pursuant to this chapter.
