Resolution No. 7904l
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RESOLUTION NO. 7904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON SUPPORTING THE PASSAGE OF PROPOSITION 40,
THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF
2002
WHEREAS, California's state, regional, and local parks serve
as recreational, social, and cultural centers for California's
communities providing important venues for youth enrichment and safety,
community identity, protection of natural, cultural and historic sites,
parkland and open space and tourism; and
WHEREAS, in order to maintain a high quality of life for
California's growing population, a continuing investment is needed in
parks, recreational facilities and in the protection of the state's
natural, cultural and historic resources; and
WHEREAS, each generation of Californians has an obligation
to be good stewards of these natural and community resources in order
to pass them onto their children; and
WHEREAS, California's citizens and visitors have increased
their visits to state and local parks for healing and strength, sense
of community, freedom and peace during these turbulent times; and
WHEREAS, California is known for its incredible natural
resources of open space, parks, mountains, rivers, coastline, and.
forests that positively impact the state and local economy; and
WHEREAS, California is largely an urban state where it is
projected the state's population will continue to grow by 18 million
by 2020, thereby placing more pressure on existing parkland and
facilities; and
WHEREAS, California's economy is dependent upon maintaining
a high quality of life that includes attractive and safe public park
and recreation facilities and services; and
WHEREAS, Proposition 40, the Clean Water, Clean Air, Safe
Neighborhoods Parks, and Coastal Protection Bond Act of 2002, provides
$2.6 billion for state and local park projects to preserve
California's natural heritage and allow urban areas to expand much
needed recreation facilities that serve children, youth, seniors, and
families,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
supports the passage of Proposition 40, the Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002, and
encourages California voters to approve this bond act on March 5,
2002.
SECTION 3: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a copy of this
resolution to:
Executive Officer
Rivers and Mountains Conservancy
900 South Fremont Avenue
Annex, Second Floor
Alhambra, CA 91802
- 2
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 6tn day of February, 2002.
LEONIS C. MAL URG, M yor
ATTEST:
/;Co"
BRUCE V. MALKENHORST, City Clerk
3 _
..
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7904, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, February 6,
2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 31, 2002
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
The State of California is asking Cities to adopt a Resolution
supporting Proposition 40, The Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Bond Act of 2002, to
maintain the high quality of life for California's growing population.
California is a large state that is projected to grow by 18 million by
2020, thus placing more pressure on existing parkland and facilities.
It is hereby recommended that a Resolution be approved and adopted
supporting Proposition 40.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/ng
(-?If ''9qY.AAvmi!nn!is1tr[agt2oKr:1
January 23, 2002
TO: Bruce V. Malkenhoprst, City Administrator
FROM: Chris Romero, Administrative Aide.
SUBJECT PROPOSITION 40/SUPPORT
The California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002 will
bring much needed resources to the region. Funds will be
available to municipalities to support projects in such
areas of: Parks & Recreation, Protect drinking water,
Improve air quality, Protect coastal lands, River projects
etc,
If ,approved Prop 40 will guarantee a minimum of
$220,000 (see attachment) for each city to use for
development and improvement of park related projects.
At this. time I am seeking, information on if the monies
can be used to fund "green belts" or "beautification
projects" within the community.
Supporters of this proposition include Gateway Cities
COG (attachment), League of California Cities and many of
the Southeast Los Angeles Cities. The Proposition will be
on the State ballot on March 5, 2002.
It is recommended that Council approve Proposition 40:
California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act at the February 6th City Council
meeting.
When the monies become available, I believe that these
park funds could be used in exchange for water rights._
Water rights are approximately $3,000 per acre ft, we may
be able to exchange with a city that has surplus water
i.e. city of Commerce, Norwalk, Santa Fe Springs.
A brief summary of the Proposition and a sample
resolution is attached for City Attorney review.
4u rage -i or z
i
PAR t��. e_ s " t e ti afit
�'. • .
• Informatipn ;,, ,pC.,,.
• Funding
• Endorsements
.. How You
Can Help Whereas, California's state, regional, and local parks serve as
• Text & recreational, social, and cultural centers for California's
votes communities, providing important venues for youth
• Press enrichment and safety; community identity; protection of
• Home natural, cultural and historic sites, parkland and open space;
• Contact and tourism, and
Us
Whereas, in order to maintain a high quality of life for
California's growing population, a continuing investment in
parks, recreation facilities, and in the protection of the state's
natural, cultural and historic resources is needed, and
Whereas, each generation of Californians has an obligation to
be good stewards of these natural and community resources
in order to pass them onto. their children, and
Whereas, California's citizens and visitors have increased
their visits to state and local parks for healing and strength,
sense of community, freedom and peace during these
turbulent times, and
Whereas, California is known for its incredible natural
resources of open space, parks, mountains, rivers, coastline,
and forests that positively impact the state and local economy,
and
Whereas, California is largely an urban state where it is
projected the state's population will continue to grow by 18
million by 2020; thereby placing more pressure on existing
parkland and facilities, and
Whereas, California's economy is dependent upon
http://www.voteyeson40.org/endorsements/resolufion.html 01/17/2002
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o,
maintaining a high quality of life that includes attractive and
safe public park and recreation facilities and services, and
Whereas, Proposition 40, the Clean Water, Clean Air, Safe
Neighborhoods Parks, and Coastal Protection Bond Act of
2002, provides $2.6 billion for state and local park projects to
preserve California's natural heritage and allow urban areas to
expand much needed recreation facilities that serve_ children,
youth, seniors, and families.
Therefore, be it resolved, (organization/agency) supports the
passage of Proposition 40, the Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Bond Act of
2002, and encourages California voters approve this bond act
on March 5, 2002.
Passed and adopted this day of
By
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r•.
• Information
• Funding BILL NUMBER: AB 1602 ENROLLED
• Endorsements
BILL TEXT
• How You
Can Hein
PASSED THE ASSEMBLY SEPTEMBER
• Text &
15, 2001
Votes
• Press
PASSED THE SENATE SEPTEMBER 14,
2001
• En
AMENDED IN SENATE SEPTEMBER 14,
Espanol
• Home
2001
`
AMENDED IN SENATE JULY 20, 2001
•
• Contact
AMENDED IN SENATE JUNE 13, 2001
Us
AMENDED IN ASSEMBLY MAY 15, 2001
AMENDED IN ASSEMBLY APRIL 23, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
INTRODUCED BY Assembly Member
Keeley
(Principal coauthor: Assembly Member
Hertzberg)
(Principal coauthors: Senators Chesbro and
Burton)
(Coauthors: Assembly Members Chan, Chu,
Firebaugh, Frommer, Havice, Jackson,
Kelley, Koretz, Liu, Pavley, Wayne, and
Wesson)
(Coauthors: Senators Alarcon, Alpert,
McPherson, Murray, Ortiz,
and Vasconcellos)
FEBRUARY 23, 2001
An act to add Chapter 1.696 (commencing
with Section 5096.600) to Division 5 of the
Public Resources Code, relating to financing
a program for the acquisition, development,
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restoration, protection, rehabilitation,
stabilization, reconstruction, preservation,
and interpretation of park, coastal,
agricultural land, air, and historical resources
in the state, by providing the funds
necessary therefor through an election for,
and the issuance and sale of, bonds of the
State of California, and by providing for the
handling and disposition of those funds, and
declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1602, Keeley. California Clean Water,
Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Act of 2002.
Under existing law, programs have been
established pursuant to
bond acts for, among other things, the
development and enhancement of state and
local parks and recreational facilities.
This bill would enact the California Clean
Water, Clean Air, and
Safe Neighborhood Parks, and Coastal
Protection Act of 2002, which, if adopted,
would authorize, for the purpose of financing
a program for the acquisition, development,
restoration, protection,
rehabilitation, stabilization, reconstruction,
preservation, and
interpretation of park, coastal, agricultural
land, air, and
historical resources, as specified, the
issuance, pursuant to the
State General Obligation Bond Law, of
bonds in the amount of
$2,600,000,000.
The bill would declare that it is to take effect
immediately as an
urgency statute.
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THE PEOPLE OF THE STATE OF
CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.696 (commencing
with Section 5096.600) is added to Division
5 of the Public Resources Code, to read:
CHAPTER 1.696. THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002
Article 1. General Provisions
5096.600. This chapter shall be known, and
may be cited, as the
California Glean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Act of 2002.
5096.601. The Legislature finds and
declares all of the
following:
(a) To maintain a high quality of life for
California's growing
population requires a continuing investment
in parks, recreation
facilities, and in the protection of the state's
natural and
historical resources.
(b) Clean air, clean water, clean beaches,
and healthy natural
ecosystems that can support both human
communities and the state's native fish and
wildlife are all part of the legacy of California.
Each generation has an obligation to be
good stewards of these resources in order to
pass them on to their children.
(c) California's historical legacy also requires
active
protection, restoration, and interpretation to
preserve and pass on an understanding and
appreciation of the diverse cultural
influences and extraordinary human
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achievements that have contributed to the
unique development of California.
5096.605. As used in this chapter, the
following terms have the
following meanings:
(a) "Acquisition" means obtaining the fee
title or a lesser
interest in real property, including
specifically, a conservation
easement or development rights.
(b) "Department" means the Department of
Parks and Recreation.
(c) "Development" includes, but is not limited
to, improvement,
rehabilitation, restoration, enhancement,
preservation, protection,
and interpretation.
(d) "Director" means the Director of the
Department of Parks and
Recreation.
(e) "District" means any regional park
district, regional park and
open -space district, or regional open -space
district formed pursuant to Article 3
({commencing with Section 5500) of Chapter
3, any recreation and park district formed
pursuant to Chapter 4 (commencing with
Section 5780), or an authority formed
pursuant to Division 26 (commencing with
Section 35100). With respect to any
community or unincorporated region that is
not included within a district, and in which no
city or county provides parks or recreational
areas or facilities, "district" also means any
other district that is authorized by statute to
operate and manage parks or recreational
areas or facilities, employs a full-time park
and recreation director, offers year-round
park and recreation services on lands and
facilities owned by the district, and allocates
a substantial portion of its annual operating
budget to parks or recreation areas or
facilities.
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(f) "Fund" means the California Clean Water,
Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Fund created pursuant to Section 5096.610.
(9) "Historical resource" includes, but is not
limited to, any
building, structure, site, area, place, artifact,
or collection of
artifacts that is historically or
archaeologically significant in the
cultural annals of California.
(h) "Local conservation corps" means a
program operated by a
public agency or nonprofit organization that
is certified pursuant to Section 14406.
(i) "Nonprofit organization" means any
nonprofit public benefit
corporation formed pursuant to the Nonprofit
Corporation Law
(commencing with Section 5000 of the
Corporations Code), qualified to do business
in California, and qualified under Section
501(c)(3) of the Internal Revenue Code.
6) "Preservation" means identification,
evaluation, recordation,
documentation, interpretation, protection,
rehabilitation,
restoration, stabilization, development, and
reconstruction, or any
combination of those activities.
(k) "Secretary" means the Secretary of the
Resources Agency.
5096.606. Lands or interests in land
acquired with funds
allocated pursuant to this chapter shall be
acquired from a willing
seller.
Article 2. The California Clean Water, Clean
Air, Safe
Neighborhood Parks, and Coastal Protection
Act of 2002
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5096.610. The proceeds of bonds issued
and sold pursuant to this chapter shall be
deposited in the California Clean Water,
Clean Air, Safe Neighborhood Parks, and
Coastal Protection Fund, which is hereby
created. Except as provided in subdivision
(a) of Section 5096.650, the money in the
fund shall be available for appropriation by
the Legislature, in the manner set forth in
this chapter, for acquisition and development
projects, in accordance with the following
schedule:
(a) The sum of two hundred twenty-five
million dollars
($225,000,000) for acquisition and
development of the state park
system.
(b) The sum of eight hundred thirty-two
million five hundred
thousand dollars ($832,500,000) for local
assistance programs for the acquisition and
development of neighborhood, community,
and regional parks and recreation areas.
(c) The sum of one billion two hundred
seventy-five million
dollars ($1,275,000,000) for land, air, and
water conservation
programs, including acquisition for those
purposes.
(d) The sum of two hundred sixty-seven
million five hundred
thousand dollars ($267,500,000) for the
acquisition, restoration,
preservation, and interpretation of
California's historical and
cultural resources.
Article 3. State Parks
5096.615. The two hundred twenty-five
million dollars
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($225,000,000) allocated pursuant to
subdivision (a) of Section
5096.610 shall be available for appropriation
by the Legislature to the department for the
acquisition and development of the state
park system. It is the intent of the Legislature
that first priority for funding shall be for
development projects to complete and
expand visitor facilities and for restoration
projects. Not more than 50 percent of the
funds provided by this section may be used
for acquisition.
5096.620. The eight hundred thirty-two
million five hundred
thousand dollars ($832,500,000) allocated
pursuant to subdivision (b) of Section
5096.610 shall be available for appropriation
by the Legislature for local assistance
programs, in accordance with the following
schedule:
(a) The sum of three hundred fifty million
dollars ($350,000,000)
to the department for grants, in accordance
with Section 5096.621, and on the basis of
population, for the acquisition and
development of neighborhood, community,
and regional parks and recreation lands and
facilities in urban and rural areas.
(b) The sum of two hundred million dollars
($200,000,000) to the
department for grants, in accordance with
the Roberti-Eberg-Harris Urban Open -
Space and Recreation Program Act
(Chapter 3.2 (commencing
with Section 5620)).
(c) The sum of twenty-two million five
hundred thousand dollars
($22,500,000) on a per capita basis in
accordance with subdivision (g) of Section
5096.62'1.
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(d) The sum of two hundred sixty million
dollars ($260,000,000) to
the department for grants for urban and
special need park programs in accordance
with Section 5096.625.
5096.621. (a) Sixty percent of the total funds
available for
grants pursuant to subdivision (a) of Section
5096.620 shall be
allocated to cities and to districts other than
a regional park
district, regional park and open -space
district, or regional
open -space district. Each city's and district's
allocation shall be
in the same ratio as the city`s or district's
population is to the
combined total of the state's population that
is included in
incorporated areas and unincorporated
areas within the district,
except that each City-ordh*k*ztw*r
erg''er*'ftd I a rnk ra ni
allocaft v of two hundmdt4mi*
).1n any instance in which
the boundary of a city overlaps the boundary
of such a district, the population in the area
of overlapping jurisdiction shall be attributed
to each jurisdiction in proportion to the
extent to which each operate and manage
parks and recreational areas and facilities
for that population. In any instance in which
the boundary of a city overlaps the boundary
of such a district, and in the area of overlap
the city does not operate and manage parks
and recreational areas and facilities, all grant
funds shall be allocated to the district.
(b) Each city and each district subject to
subdivision (a) whose
boundaries overlap shall develop a specific
plan for allocating the
grant funds in accordance with the formula
specified in subdivision (a). If, by April 1,
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2003, the plan has not been agreed to by the
city and district and submitted to the
department, the director shall determine the
allocation of the grant funds among the
affected jurisdictions.
(c) Forty percent of the total funds available
for grants pursuant
to subdivision (a) of Section 5096.620 shall
be allocated to
counties and regional park districts, regional
park and open -space districts, or regional
open -space districts formed pursuant to
Article 3 (commencing with Section 5500) of
Chapter 3.
(d) Each cvunty's allocation under
subdivision (a) shall be in the
same ratio as the county's population,
except that each county shall be entitled to a
minimum allocation of one million two
hundred thousand dollars ($1,200,000).
(e) In any county that embraces all or part of
the territory of a
regional park district, regional park and
open -space district, or
regional open -space district, whose hard of
directors is not the
county board of supervisors, the amount
allocated to the county shall be apportioned
between that district and the county in
proportion to the population of the county
that is included within the territory of the
district and the population of the county that
is outside the territory of the district.
(f) For the purpose of making the
calculations required by this .
section, population shall be determined by
the department, in
cooperation with the Department of Finance,
on the basis of the most recent verifiable
census data and other verifiable population
data that the department may require to be
furnished by the applicant city, county, or
district.
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(g) Of the funds appropriated in subdivision
(c) of Section
5096.620, twelve million five hundred
thousand dollars ($12,500,000) shall be
allocated to a city with an urban population
greater than three million five hundred
thousand in a county of the first class, and
ten million dollars ($10,000,000) shall be
allocated to a county of the first class.
(h) The Legislature finds and declares that it
intends all
recipients of funds pursuant to subdivision
(a) of Section 5096.620 to use those funds
to supplement local revenues, in existence
on the effective date of the act adding this
chapter during the 2001-02 Regular
Session, that are being used for parks or
other projects eligible for funds under this
chapter. To receive any allocation pursuant
to subdivision (a) of Section 5096.620, the
recipient may not reduce the amount of
funding otherwise available to be spent on
parks or other projects eligible for funds
under this chapter in their jurisdiction. One-
time allocations that have been expended
for parks or other projects, but which are not
available on an ongoing basis, may not be
considered when calculating a recipients
annual expenditures. For purposes of this
subdivision, the Controller may request fiscal
data from recipients for the preceding three
fiscal years. Each recipient shall furnish the
data to the Controller not later than 120 days
after receiving the request from the
Controller.
5096.624. (a) The director shall prepare and
adopt criteria and
procedures for evaluating applications for
grants allocated pursuant to subdivisions (a)
to (c), inclusive, of Section 5096.620.
Individual applications for funds shall be
submitted to the
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department for approval as to their
conformity with the requirements of this
chapter. The application shall be
accompanied by certification that the project
for which the grant is requested is consistent
with the park and recreation element of the
applicable city or county general plan or the
district park and recreation plan, as the case
may be, and will satisfy a high priority need.
(b) To utilize available grant funds as
effectively as possible,
overlapping or adjoining jurisdictions and
applicants with similar
objectives are encouraged to combine
projects and submit a joint
application. An applicant may allocate all or
a portion of its per
capita share for a regional or state project.
(c) The director shall annually forward a
statement of the total
amount to be appropriated in each fiscal
year for projects approved for grants
pursuant to this article to the Director of
Finance for inclusion in the Budget Bill. A list
of eligible jurisdictions and the amount of
grant funds to be allocated to each shall also
be made available by the department.
(d) Funds appropriated pursuant to this
article shall be
encumbered by the recipient within three
years from the date the
appropriation is effective. Regardless of the
date of encumbrance of the granted funds,
the recipient is expected to complete all
funded projects within eight years of the
effective date of the appropriation.
5096.625. The funds provided in subdivision
(d) of Section
5096.620 shall be available as grants for
public agencies and
nonprofit organizations for the acquisition
and development of new parks, botanical
gardens, nature centers, and other
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community facilities in park poor
communities. The funds may be expended
pursuant to Section 5004.5, and Chapter
1.66 (commencing with Section 5095), if
Senate Bill 359 of the 2001-02 regular
Session of the Legislature is enacted on or
before January 1, 2003, and Chapter 3.3
(commencing with Section 5640), if
Assembly Bill 1481 of the 2001-02
Regular Session of the Legislature is
enacted on or before January 1, 2003, or
pursuant to any other applicable statutory
authorization. Not less than fifty million
dollars ($50,000,000) of the funds provided
in subdivision (d) of Section 5096.620 shall
be expended for competitive grants
consistent with the requirements of
subdivision_ (b) of Section 5096.348. Ten
million dollars ($10,000,000) of the funds
provided in subdivision (d) of Section
5096.620 shall be available for development
of Central Park in the City of Rancho
Cucamonga. Five million dollars
($5,000,000) of the funds provided in
subdivision (d) of Section 5096.620 shall be
available for allocation to the City of Los
Angeles for park and recreation or
community facilities at or adjacent to the
Hansen Dam recreation area. Five million
dollars ($5,000,000) of the funds provided in
subdivision (d) of Section 5096620 shall be
available for allocation to the City of Los
Angeles for the Sepulveda Basin
recreational parkland.
5096.629. In making grants of funds
allocated pursuant to
subdivision (d) of Section 5096.620, priority
shall be assigned to
projects that include a commitment for a
matching contribution.
Contributions may be in the form of money
from a nonstate source; gifts of real property,
equipment, and consumable supplies;
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volunteer services free or reduced -cost use.
5096.633. Any grant funds appropriated
pursuant to this article
that have not been expended by the grant
recipient prior to July 1,
2011, shall revert to the fund and be
available for appropriation by the Legislature
for one or more of the local assistance
programs specified in Section 5096.620 that
the Legislature determines to be the highest
priority statewide.
Article 5. Land, Air, and Water Conservation
5096.650. The one billion two hundred
seventy-five million
dollars ($1,275,000,000) allocated pursuant
to subdivision (c) of
Section 5096.610 shall be available for the
acquisition and
development of land, air, and water
resources in accordance with the fallowing
schedule:
(a) Notwithstanding Section 13340 of the
Government Code, the sum of three
hundred million dollars ($300,000,000) is
continuously appropriated to the Wildlife
Conservation Board for the acquisition,
development, rehabilitation, restoration, and
protection of habitat that promotes the
recovery of threatened and endangered
species, that provides corridors linking
separate habitat areas to prevent habitat
fragmentation, and that protects significant
natural landscapes and ecosystems such as
old growth redwoods and oak woodlands
and other significant habitat areas; and for
grants and related state administrative costs
pursuant to the Wildlife Conservation Law of
1947 (Chapter 4 (commencing with Section
1300) of Division 2 of the Fish and Game
Code). Funds scheduled in this subdivision
may be used
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to prepare management plans for properties
acquired in fee by the Wildlife Conservation
Board.
(b) The sum of four hundred forty-five million
dollars
($445,000,000) to the conservancies in
accordance with the particular provisions of
the statute creating each conservancy for
the acquisition, development, rehabilitation,
restoration, and protection of land and water
resources; for grants and state
administrative costs; and in accordance with
the following schedule:
(1) To the State Coastal Conservancy
$2001000,000
(2) To the California Tahoe Conservanc
$ 40,000,00
(3) To the Santa Monica Mountains
Conservancy
$ 40,000,000
(4) To the Coachella Valley Mountains
Conservancy
$ 20,000,000
(5) To the San Joaquin River Conservancy
$ 251000,000
(f) To the San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy
$ 40,000,000
(7) To the Baldwin Hills Conservancy
$ 40,000,000
(8) To the San Francisco Bay Area
Conservancy Program
$ 40,000,000
(c) The sum of three hundred seventy-five
million dollars
($375,000,000) shall be available for grants
to public agencies and nonprofit
organizations for acquisition, development,
restoration, and associated planning,
permitting, and administrative costs for the
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Protection and restoration of water resources
in accordance with the following schedule:
(1) The sum of seventy-five million dollars
($75,000,000) to the
secretary for the acquisition and
development of river parkways and for
protecting urban streams. The secretary
shall make funds
available in accordance with Sections 7048
and 78682.2 of the Water Code, and
pursuant to any other applicable statutory
authorization. Not less than five million
dollars ($5,000,000) shall be available for
grants for the urban streams program,
pursuant to Section 7048 of the Water Code.
(2) The sum of three hundred million dollars
($300,000,000) shall
be available for the purposes of clean
beaches, watershed protection, and water
quality projects to protect beaches, coastal
waters, rivers, lakes, and streams from
contaminants, pollution, and other
environmental threats.
(d) The sum of fifty million dollars
($50,000,000) to the State
Air Resources Board for grants to air
districts pursuant to Chapter 9 (commencing
with Section 44275) of Part 5 of Division 26
of the Health and Safety Code for projects
that reduce air pollution that affects air
quality in state and local park and recreation
areas. Eligible projects shall meet the
requirements of Section 16727 of the
Government Code and shall be consistent
with Section 43023.5 of the Health and
Safety Cole, if Assembly Bill 1390 of the
2001-02 Regular Session of the Legislature
ienacted on or before January 1, 2003. Each
district shall be eligible for grants of not less
than two hundred thousand dollars
($200,000). Not more than 5 percent of the
funds allocated to a district may be used to
ever the costs associated with
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implementing the grant program.
(e) The sum of twenty million dollars
($20,000,000) to the
California Conservation Corps for the
acquisition, development,
restoration, and rehabilitation of land and
water resources, and for grants and state
administrative costs in accordance with the
following schedule:
(1) The sum of five million dollars
($5,000,000) shall be
available for resource Conservation
activities.
(2) The sum of fifteen million dollars
($15,000,000) shall be
available for grants to local conservation
corps for acquisition and development of
facilities to support local conservation corps
programs.
(0 The sum of seventy-five million dollars
($75,000,000) shall be
available for grants for the preservation of
agricultural lands and
grazing lands, including oak woodlands and
grasslands.
(g) The sum of ten million dollars
($10,000,000) to the Department of Forestry
and Fire Protection for grants for urban
forestry programs pursuant to the California
Urban Forestry Act of 1978 (Chapter 2
(commencing with Section 4799.06) of Part
2.5 of Division 1).
5096.651. In making grants pursuant to
subdivisions (a) and (b)
of Section 5096.650, priority shall be given
to projects that include a commitment for a
matching contribution. Contributions may be
in the form of money, property, or services.
Article 5. Historical and Cultural Resources
Preservation
5096.652. (a) The two hundred sixty-seven
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million five hundred
thousand dollars ($267,500,000) allocated
pursuant to subdivision (d) of Section
5096.610 shall be available for appropriation
by the Legislature for the acquisition,
development, preservation, and
interpretation of buildings, structures, sites,
places, and artifacts that preserve and
demonstrate culturally significant aspects of
Califomia's history and for grants for these
purposes. Eligible projects include, but are
not limited to, those which preserve and
demonstrate the following:
(1) Culturally significant aspects of life during
various periods
of California history including architecture,
economic activities,
art, recreation, and transportation.
(2) unique identifiable ethnic and other
communities that have
added significant elements to California's
culture.
(3) California industrial, commercial, and
military history
including the industries, technologies, and
commercial activities
that have characterized Califomia's
economic expansion and
California's contribution to national defense.
(4) Important paleontologic, oceanographic,
and geologic sites and specimens.
(b) Thirty-five million ,dollars ($35,000,000) of
the funds
available pursuant to this section shall be
allocated to a city for
the development, rehabilitation,
preservation, restoration, and
interpretation of resources at a city park of
historical and cultural
significance that is over 1,000 acres and that
serves an urban area with a population that
is greater than 750,000 in northern
California.
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(c) Two million five hundred thousand dollars
($2,500,000) of the
funds available pursuant to this section shall
be allocated to the
County of Los Angeles for the El Pueblo
Cultural and Performing Arts Center.
Article 6. Fiscal Provisions
5096.665. Bonds in the total amount of two
billion six hundred
million dollars ($2,600,000,000), not
including the amount of any
refunding bonds issued in accordance with
Section 5096.677, or so much thereof as is
necessary, may be issued and sold to
provide a fund to be used for carrying out the
purposes set forth in Section 5096.610 and
to be used to reimburse the General
Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5 of the
Government Code. The bonds, when sold,
shall be and constitute a valid and binding
obligation of the State of California, and the
full faith and credit of the State of California
is hereby pledged for the punctual payment
of the principal of, and interest on, the bonds
as the principal and interest become due
and payable. Pursuant to this section, the
Treasurer shall sell the bonds authorized by
the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Act Finance Committee created pursuant to
subdivision (a) of Section 5096.667 at any
different times that are necessary to service
expenditures appropriated pursuant to this
chapter.
5096.666. The bonds authorized by this
chapter shall be prepared, executed, issued,
sold, paid, and redeemed as provided in the
State General Obligation Bond Law (Chapter
4 (commencing with Section 16720) of Part
3 of Division 4 of Title 2 of the Government
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Code), and all of the provisions of that law
apply to the bonds and to this chapter and
are hereby incorporated in this chapter by
this reference as though set forth in full in
this chapter.
5096.667. (a) Solely for the purpose of
authorizing the issuance
and sale, pursuant to the State General
Obligation Bond Law, of the bonds
authorized by this chapter, the California
Clean Water, Clean Air, Safe Neighborhood
Parrs, and Coastal Protection Act Finance
Committee is hereby created. For purposes
of this chapter, the California Clean Water,
Clean Air, Safe Neighborhood Parks, and
Coastal Protection Act Finance Committee
is 'the committee" as that term is used in the
State General Obligation Bond Law. The
committee consists of the Controller, the
Director of Finance, and the Treasurer, or
their designated representatives. The
Treasurer shall serve as chairperson of the
committee. A majority of the committee may
act for the committee.
(b) For purposes of the State General
Obligation Bond Law, the
Secretary of the Resources Agency is
designated the "board."
5096.668. The committee shall determine
whether or not it is
necessary or desirable to issue bonds
authorized pursuant to this
chapter to carry out Section 5096.610 and, if
so, the amount of bonds to be issued and
sold. Successive issues of bonds may be
authorized and sold to carry out those
actions progressively, and it is not necessary
that all of the bonds authorized to be issued
be sold at any one time.
5096.670. There shall be collected each
year and in the same
manner and at the same time as other state
revenue is collected, in addition to the
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ordinary revenues of the state, a sum in an
amount required to pay the principal of, and
interest on, the bonds maturing each year. It
is the duty of all officers charged by law with
any duty in regard to the collection of the
revenue to do and perform each and every
act that is necessary to collect that additional
sum.
5096.671. Notwithstanding Section 13340 of
the Government Code, there is hereby
appropriated from the General Fund in the
State Treasury, for the purposes of this
chapter, an amount that will equal the total
of the following:
(a) The sum annually necessary to pay the
principal of, and
interest on, bonds issued and sold pursuant
to this chapter, as the principal and interest
become due and payable.
(b) The sum necessary to carry out Section
5096.672, appropriated without regard to
fiscal years.
5096.672. For purposes of carrying out this
chapter, the Director
of Finance may authorize the withdrawal
from the General Fund of an amount or
amounts not to exceed the amount of the
unsold bonds that have been authorized to
be sold for the purpose of carrying out this
chapter. Any amount withdrawn shall be
deposited in the fund. Any money made
available under this section shall be returned
to the General Fund from proceeds received
from the sale of bonds for the purpose of
carrying out this chapter.
5096.673. Pursuant to Chapter 4
(commencing with Section 16720) of Part 3
of Division 4 of Title 2 of the Government
Code, the cost of bond issuance shall be
paid out of the bond proceeds. These costs
shall be shared proportionally by each
program funded through this bond act.
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5096.674. Actual costs incurred in
connection with administering
programs authorized under the categories
specified in Section
5096.610 shall be paid from the funds
authorized by this act. 5096.675. The
secretary may request the Pooled Money
Investment Board to make a loan from the
Pooled Money Investment Account,
including other authorized forms of interim
financing that include, but are not limited to,
commercial paper, in accordance with
Section 16312 of the Government Code, for
purposes of carrying out this chapter. The
amount of the request shall not exceed the
amount of the unsold bonds that the
committee, by resolution, has authorized to
be sold for the purpose of carrying out this
chapter. The secretary shall execute any
documents required by the Pooled Money
Investment
Board to obtain and repay the loan. Any
amounts loaned shall be
deposited in the fund to be allocated by the
board in accordance with this chapter.
5096.676. All money deposited in the fund
that is derived from
premium and accrued interest on bonds sold
shall be reserved in the fund and shall be
available for transfer to the General Fund as
a credit to expenditures for bond interest.
5096.677. The bonds may be refunded in
accordance with Article 6 (commencing with
Section 16780) of Chapter 4 of Part 3 of
Division 4 of Title 2 of the Government
Code, which is a part of the State General
Obligation Bond Law. Approval by the voters
of the state of the issuance of the bonds
described in this chapter includes the
approval of the issuance of any bonds to
refund any bonds originally issued under this
chapter or any previously issued refunding
bonds.
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5096.678. Notwithstanding any provision of
this chapter or the
State General Obligation Bond Law, if the
Treasurer sells bonds
pursuant to this chapter that include a bond
counsel opinion to the
effect that the interest on the bonds is
excluded from gross income for federal tax
purposes, subject to designated conditions,
the Treasurer may maintain separate
accounts for the investment of bond
proceeds and the investment earnings on
those proceeds. The Treasurer may use or
dirt the use of those proceeds or earnings
to pay any rebate, malty, or other payment
required under federal law or to take any
other action with respect to the investment
and use of bond proceeds required or
desirable under federal law to maintain
the tax-exempt staters of those bonds and to
obtain any other
advantage under federal law on behalf of the
funds of this state.
5096.679. (a) The Legislature hereby finds
and declares that,
inasmuch as the proceeds from the sale of
bonds authorized by this chapter are not
"proceeds of taxes' as that term is used in
Article XIIIB of the California Constitution,
the disbursement of these proceeds is not
subject to the limitations imposed by that
article.
(b) Funds provided pursuant to this chapter,
and any appropriation or transfer of those
funds, shall not be deemed to be a transfer
of funds for the purposes of Chapter 9
(commencing with Section 2780) of Division
3 of the Fish and Game Code.
5096.681. Except for funds continuously
appropriated by this
chapter, all appropriations of funds pursuant
to Section 5096.610 for purposes of the
program shall be included in the Budget Bill
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for the 2002-03 fiscal year, and each
succeeding fiscal year, for
consideration by the Legislature, and shall
bear the label
"California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Program Fund." The Budget Bill section
shall contain separate items for each project,
each class of project,or each element of the
program for which an appropriation is made.
5096.683. The Secretary shall provide for an
annual audit of
expenditures from this chapter.
SEC. 2. Section 1 of this act shall take effect
upon adoption by
the voters of the California Clean Water,
Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Act of 2002, as set forth in Section 1 of this
act.
SEC. 3. (a) Notwithstanding the
requirements of any other
provision of law, the Secretary of State shall
submit Section 1 of
this act to the voters at the March 5, 2002,
primary election.
(b) The Secretary of State shall ensure the
placement of Section 1 of this act on the
March 5, 2002, statewide ballot, in
accordance with provisions of the
Government Code and the Elections Code
governing the submission of statewide
measures to the voters.
(c) The Secretary of State shall include, in
the ballot pamphlets
mailed pursuant to Section 9094 of the
Elections Code, the
information specified in Section 9084 of the
Elections Code regarding the bond act set
forth in Section 1 of this act.
SEC. 4. (a) Notwithstanding any other
provision of law, with
respect to the California Clean Water, Clean
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Air, Safe Neighborhood Parks, and Coastal
Protection Act of 2002, all ballots of the
election shall have printed thereon and in a
square thereof, exclusively the words: 'The
California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Act of 2002" and in the same square under
those words, the following 8-point type: "To
protect rivers, lakes, and streams to improve
water quality and ensure clean drinking
water; to protect beaches and coastal areas
threatened by pollution; to improve air
quality; to preserve open space and
farmland threatened by unplanned
development; to protect wildlife habitat; to
restore historical and cultural resources; to
repair and improve the safety of state and
neighborhood parks; the state shall issue
bonds totaling two billion six hundred million
dollars ($2,600,000,000) paid from existing
funds. This program is subject to an annual
independent audit. (At this point the Attorney
General may include the financial impact
summary prepared pursuant to Section 9087
of the Elections Code and Section 88003 of
the Government Code.)" Opposite the
square, there shall be left spaces in which
the voters may place a cross in the manner
required by law to indicate whether they vote
for or against the act.
(b) Where the voting in the election is done
by means of voting
machines used pursuant to law in a manner
that carries out the intent of this section, the
use of the voting machines and the
expression of the voter's choice by means
thereof are in compliance with this section_
SEC. 5. This act is an urgency statute
necessary for the immediate preservation of
the public peace, health, or safety within the
meaning of Article IV of the Constitution and
shall go into immediate effect. The facts
constituting the necessity are:
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In order that the California Clean Water,
Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Act of 2002, set forth in Section 1 of this act,
may be submitted for voter approval at the
earliest feasible time, it is necessary that this
act take effect immediately.
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01/3112002
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/ City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
February 19, 2002
EDUARDO OLNO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826.1425
STEVEN E.PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Executive Officer
Rivers and Mountains Conservancy
900 South Fremont Avenue
Annex, Second Floor
Alhambra, CA 91802
Re Resolution No. 7904 Approving the Passage of Proposition 40.
To Whom It May Concern:
Transmitted herewith is a copy of Resolution No. 7904 approved by the
Vernon City Council on February 6, 2002.
If you have any questions regarding this matter, please call Mr.
Christopher Romero at (323) 583-8811 ext. 324.
Very truly yours,
Nel y Gi n
Assistant Chief Deputy City Clerk
NG:gm
CC:+'
Christopher Romero