Public Resources Code — Part 33 | PRC — United States — California law | Esheria

Public Resources Code

Part 33 of 41 · provisions 6,401–6,600

This act is named the Public Resources Code.

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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 5683.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.5. Presley Urban Fishing Program [5670 - 5686] ( Chapter 3.5 added by Stats. 1982, Ch. 128, Sec. 1. ) ## ARTICLE 2. Administration [5675 - 5686] ( Article 2 added by Stats. 1982, Ch. 128, Sec. 1. )

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    The grant recipient or its instrumentality must not charge a fee for fishing at lakes whose rehabilitation is financed under this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.5. Presley Urban Fishing Program [5670 - 5686] ( Chapter 3.5 added by Stats. 1982, Ch. 128, Sec. 1. ) ## ARTICLE 2. Administration [5675 - 5686] ( Article 2 added by Stats. 1982, Ch. 128, Sec. 1. ) ## 5683. The grant recipient or any instrumentality of the recipient shall not charge any fee for fishing at any lake the rehabilitation of which is financed, in whole or part, pursuant to this chapter. This prohibition does not extend to any fee charged by the recipient for any facility or service that is unrelated to fishing at a lake. (Added by Stats. 1982, Ch. 128, Sec. 1. Effective March 25, 1982.)
  2. 5684.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.5. Presley Urban Fishing Program [5670 - 5686] ( Chapter 3.5 added by Stats. 1982, Ch. 128, Sec. 1. ) ## ARTICLE 2. Administration [5675 - 5686] ( Article 2 added by Stats. 1982, Ch. 128, Sec. 1. )

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    This section says the chapter does not authorize the Department of Parks and Recreation or the Department of Fish and Game to add staff positions or create a new administrative section for the program.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.5. Presley Urban Fishing Program [5670 - 5686] ( Chapter 3.5 added by Stats. 1982, Ch. 128, Sec. 1. ) ## ARTICLE 2. Administration [5675 - 5686] ( Article 2 added by Stats. 1982, Ch. 128, Sec. 1. ) ## 5684. This chapter is not intended, nor shall it be construed, to authorize either the Department of Parks and Recreation or the Department of Fish and Game to establish any additional personnel positions or create any new administrative section in connection with the program established by this chapter. (Added by Stats. 1982, Ch. 128, Sec. 1. Effective March 25, 1982.)
  3. 5685.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.5. Presley Urban Fishing Program [5670 - 5686] ( Chapter 3.5 added by Stats. 1982, Ch. 128, Sec. 1. ) ## ARTICLE 2. Administration [5675 - 5686] ( Article 2 added by Stats. 1982, Ch. 128, Sec. 1. )

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    The Department of Parks and Recreation must make demonstration grants for lake rehabilitation during the 1981–82 fiscal year only.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.5. Presley Urban Fishing Program [5670 - 5686] ( Chapter 3.5 added by Stats. 1982, Ch. 128, Sec. 1. ) ## ARTICLE 2. Administration [5675 - 5686] ( Article 2 added by Stats. 1982, Ch. 128, Sec. 1. ) ## 5685. In order to facilitate the earliest possible start of the urban fishing program and to gain familiarity with the types of lakes that are most suitable for rehabilitation for sportfishing purposes, the Department of Parks and Recreation shall make grants, on a demonstration basis during the 1981–82 fiscal year only, for the rehabilitation of lakes that satisfy the requirements and criteria set forth in this chapter and are representative of lakes of different size, physical characteristics, and degree of degradation found in major metropolitan areas of the state. (Added by Stats. 1982, Ch. 128, Sec. 1. Effective March 25, 1982.)
  4. 5686.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.5. Presley Urban Fishing Program [5670 - 5686] ( Chapter 3.5 added by Stats. 1982, Ch. 128, Sec. 1. ) ## ARTICLE 2. Administration [5675 - 5686] ( Article 2 added by Stats. 1982, Ch. 128, Sec. 1. )

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    Grants under this chapter stop after the Energy and Resources Fund is abolished, unless a later statute changes this section before that date.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.5. Presley Urban Fishing Program [5670 - 5686] ( Chapter 3.5 added by Stats. 1982, Ch. 128, Sec. 1. ) ## ARTICLE 2. Administration [5675 - 5686] ( Article 2 added by Stats. 1982, Ch. 128, Sec. 1. ) ## 5686. No grant shall be made under this chapter on or after the date on which the Energy and Resources Fund is abolished, unless a later enacted statute which is chaptered before that date changes the requirements of this section. (Added by Stats. 1982, Ch. 128, Sec. 1. Effective March 25, 1982.)
  5. 5710.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 2. Community Parklands Program [5710 - 5712] ( Article 2 added by Stats. 1986, Ch. 5, Sec. 1. )

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    Bond proceeds must be deposited into the Community Parklands Fund, and fund money may be appropriated for specified grants up to $100 million.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 2. Community Parklands Program [5710 - 5712] ( Article 2 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5710. (a) The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Community Parklands Fund, which is hereby created. (b) All money deposited in the fund shall be available for appropriation in the manner set forth in Section 5735 in an amount not to exceed one hundred million dollars ($100,000,000) for grants to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resources preservation purposes. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  6. 5711.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 2. Community Parklands Program [5710 - 5712] ( Article 2 added by Stats. 1986, Ch. 5, Sec. 1. )

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    The section sets budget-bill requirements for the Community Parklands Program, controls how unused grant funds can later be appropriated, and limits spending of bond-derived funds to appropriations contained in the specified Budget Act section.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 2. Community Parklands Program [5710 - 5712] ( Article 2 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5711. (a) The total amount proposed to be appropriated for the program shall be included in a section in the Budget Bill for the 1987–88 fiscal year and each succeeding fiscal year for consideration by the Legislature and shall bear the caption “Community Parklands Program.” (b) Commencing with the Budget Bill for the 1990–91 fiscal year, any grant funds which were not accepted by a recipient or were not encumbered by the recipient within the three-year period specified in Section 5721 or which were restored pursuant to subdivision (c) of Section 5723 shall be available for appropriation for one or more projects of the type specified in Section 5712 that the Legislature deems to be of the highest priority statewide. (c) All appropriations are subject to all limitations enacted in the Budget Act and to all fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from those laws by a statute enacted by the Legislature. The section in the Budget Act shall contain proposed appropriations only for the program contemplated by this chapter, and no funds derived from the bonds authorized by this chapter may be expended pursuant to an appropriation not contained in that section of the Budget Act. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  7. 5712.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 2. Community Parklands Program [5710 - 5712] ( Article 2 added by Stats. 1986, Ch. 5, Sec. 1. )

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    The grant recipient may spend program grant funds on the listed park, recreation, access, and related land-acquisition purposes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 2. Community Parklands Program [5710 - 5712] ( Article 2 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5712. The grant funds authorized for the program may be expended by the recipient for any of the following purposes or any combination thereof: (a) The rehabilitation, improvement, or restoration of deteriorated roads, utilities, and other structures and facilities within existing parks and recreational areas. (b) Neighborhood, community, and regional parks. (c) Beaches and public accessways to beaches. (d) Historical sites and structures. (e) Recreational areas and facilities. (f) Hiking, bicycling, and equestrian trails. (g) Development rights and scenic easements in connection with any acquisition made for any purpose specified in subdivisions (b) to (f), inclusive, so long as the right or easement directly enhances the enjoyment or usefulness of the acquisition. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  8. 5720.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. )

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    Grant funds for the program must be allocated to counties, cities, and districts based on population, with minimum allocations for counties and for cities or districts.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5720. (a) The grant funds authorized for the program shall be allocated to counties, cities, and districts on the basis of their populations, as determined by the Department of Parks and Recreation in cooperation with the Department of Finance on the basis of the most recent verifiable census data and such other population data as the Department of Parks and Recreation may require to be furnished by any county, city, or district. (b) Forty percent of the total funds available for grants shall be allocated to counties and regional park, open-space, or park and open-space districts formed pursuant to Chapter 3 (commencing with Section 5500). Each county’s allocation shall be in the same ratio as the county’s population is to the state’s total population, except that each county shall be entitled to a minimum allocation of one hundred thousand dollars ($100,000). In any county that embraces all or part of the territory of a regional park, open-space, or park and open-space district whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between the county and the regional district in proportion to the population of the county that is included within the territory of the regional district and the population of the county that is outside the territory of the regional district. (c) (1) Sixty percent of the total funds available for grants shall be allocated to cities and districts, other than regional park, open-space, or park and open-space districts. Each city’s and each such 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 in unincorporated areas within districts, except that each city or district shall be entitled to a minimum allocation of twenty thousand dollars ($20,000). In any instance in which the boundary of a city overlaps the boundary of a district, the population in the area of overlapping jurisdictions shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. In any instance in which the boundary of a city overlaps the boundary of 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. (2) Each city and other district whose boundaries overlap, shall develop a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If, by October 1, 1986, the plan has not been agreed to by the affected jurisdictions and submitted to the Department of Parks and Recreation, the Director of Parks and Recreation shall determine the allocation of the grant funds among the affected jurisdictions. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  9. 5721.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. )

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    Grant applicants must submit applications to the department, include required certification, comply with CEQA, and meet funding and timing rules for certain grants.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5721. (a) Individual applications for grants shall be submitted to the department for approval as to conformity with the requirements of this chapter. The application shall be accompanied by certification from the planning agency of the applicant that the project for which the grant is applied is consistent with the park and recreation element of the applicable city or county’s general plan or the district’s park and recreation plan and will satisfy a high priority need. In order to utilize available grant funds as effectively as possible, overlapping or adjoining jurisdictions are encouraged to combine projects and submit a joint application. (b) The minimum amount that the applicant may request for any individual project is twenty thousand dollars ($20,000). (c) Every application shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (d) Grants that are wholly or partially for the acquisition of real property shall be made on the basis of 75 percent state funds and 25 percent local matching funds or property donated to be part of the project. The grant recipient shall certify to the department that there is available, or will become available prior to the commencement of any work on the project, matching funds or property in the required amount from a nonstate source. Certification of the source and amount or value shall be set forth in the application. (e) The director shall annually forward a statement of the total amount to be appropriated in each fiscal year for projects approved for grants to the Director of Finance for inclusion in the Budget Bill. The amount of grant funds to be allocated to each eligible jurisdiction shall be published in the Governor’s Budget for the fiscal year in which the appropriation for those grants is to be made and, as soon as possible thereafter, a list of projects for which grants have been approved shall be made available by the department. (f) Grant funds shall be encumbered by the recipient within three years of the date the appropriation became effective, regardless of the date when the project was approved by the department pursuant to this section. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  10. 5722.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. )

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    Grant funds may be used only for park and recreational facility operations and management, and only for development, rehabilitation, or restoration on qualifying land; if the land is not owned by the applicant, the applicant must first satisfy the director with a benefit showing.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5722. Grant funds may be expended for development, rehabilitation, or restoration only on lands owned by, or subject to a lease or other long-term interest held by, the applicant. If the lands are not owned by the applicant, the applicant shall first demonstrate to the satisfaction of the director that the development, rehabilitation, or restoration will provide benefits commensurate with the type and duration of interest in land held by the applicant. No grant funds may be expended for any purpose that is not directly related to the operation and management of parks and recreational areas and facilities. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  11. 5723.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. )

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    Grant funds cannot be paid out until the applicant agrees to use the funded property only for the approved purpose, maintain and operate it, and open it to public use by the agreed date.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5723. (a) No grant funds authorized by this chapter shall be disbursed until the applicant agrees that any property acquired or developed with those funds shall be used by the applicant only for the purpose for which the funds were requested and that no other use of the property shall be permitted except by specific act of the Legislature. (b) No funds shall be disbursed unless the applicant agrees to maintain and operate the property to be acquired or developed for a period commensurate with the type of project and the proportion of state funds and local matching funds or property allocated to the capital costs of the project. (c) No funds shall be disbursed unless the applicant agrees to make the property to be acquired or developed open to use by the public by a date specified in the agreement. That date shall not be more than three years after the date upon which the project was approved by the department pursuant to Section 5721. The department may grant a postponement of the specified date if the property is not or will not be open to use by the public by the specified date due to circumstances wholly beyond the control of the applicant. If the property is not open to use by the public by the date specified in the agreement, and any postponement thereof granted by the department, the grant funds shall be restored in full to the department and the applicant shall become ineligible to receive any further funds that may become available pursuant to this chapter. Any funds restored pursuant to this section shall be deposited in the fund and shall be available for appropriation pursuant to subdivision (b) of Section 5711. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  12. 5724.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. )

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    The department may audit any grant under this chapter and the applicant’s use of the grant at any time.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5724. Any grant made pursuant to this chapter, and the performance of the applicant in expending the grant, may be audited at any time by the department. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  13. 5725.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. )

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    Up to $400,000 may be appropriated from the funds available under this chapter for state administrative costs directly incurred in connection with the chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 3. Administration [5720 - 5725] ( Article 3 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5725. Of the total funds available for appropriation pursuant to this chapter, an amount, not to exceed four hundred thousand dollars ($400,000), may be appropriated for state administrative costs directly incurred in connection with this chapter. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  14. 5730.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

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    Up to $100 million in bonds may be issued and sold to fund the chapter’s purposes and reimburse a state revolving fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5730. Bonds in the total amount of one hundred million dollars ($100,000,000), or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  15. 5731.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

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    A yearly sum must be collected to pay bond principal and interest, and revenue-collection officers must take whatever steps are necessary to collect it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5731. 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 ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year, and 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 which shall be necessary to collect that additional sum. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  16. 5732.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

    Verify source ↗

    The General Fund is appropriated for this chapter in an amount equal to the sums needed for bond principal and interest and for Section 5733.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5732. There is hereby appropriated from the General Fund, for the purpose 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 principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 5733, appropriated without regard to fiscal years. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  17. 5733.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund for this article, subject to annual Budget Act authority and a cap tied to unsold bonds. Withdrawn amounts must be deposited and later returned to the General Fund with interest.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5733. For the purposes of carrying out this article, the Director of Finance may, pursuant to appropriate authority in each annual Budget Act, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund from moneys received from the sale of bonds for the purpose of carrying out this chapter. The money withdrawn from the General Fund shall be returned to the General Fund with interest at the rate earned by the money in the Pooled Money Investment Account during the time the money was withdrawn from the General Fund pursuant to this section. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  18. 5733.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

    Verify source ↗

    The Treasurer may keep separate accounts for certain bond proceeds and earnings, and may use them for federal tax-related payments or other federal-law-required actions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5733.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 24.)
  19. 5734.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

    Verify source ↗

    Bonds authorized by this chapter must be handled under the State General Obligation Bond Law, which is incorporated into this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5734. 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 Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  20. 5735.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

    Verify source ↗

    The Community Parklands Program Finance Committee is created to authorize issuance and sale of bonds under the State General Obligation Bond Law, and the Treasurer serves as chairperson.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5735. 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 Community Parklands Program Finance Committee is hereby created. The committee consists of the Controller, the Director of Finance, and the Treasurer. For purposes of this chapter, the Community Parklands Program Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law, and the Treasurer shall serve as chairperson of the committee. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  21. 5736.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

    Verify source ↗

    Money in the fund that comes from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund as a credit for bond-interest expenditures.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5736. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  22. 5737.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

    Verify source ↗

    This section says bond-sale proceeds under this chapter are not treated as tax proceeds under Article XIII B, so their disbursement is not subject to that article’s limits.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5737. 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 XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  23. 5738.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. )

    Verify source ↗

    If part of the chapter is invalid, the rest stays effective if it can still operate without the invalid part.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.7. Community Parklands Act of 1986 [5700 - 5738] ( Chapter 3.7 added by Stats. 1986, Ch. 5, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [5730 - 5738] ( Article 4 added by Stats. 1986, Ch. 5, Sec. 1. ) ## 5738. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable. (Added by Stats. 1986, Ch. 5, Sec. 1. Approved in Proposition 43 at the June 3, 1986, election. Operative July 1, 1986, by Stats. 1986, Ch. 5, Sec. 2.)
  24. 5750.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. )

    Verify source ↗

    This section names the chapter the California River Parkways Act of 2004 and says it may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. ) ## 5750. This chapter shall be known, and may be cited, as the California River Parkways Act of 2004. (Added by Stats. 2004, Ch. 230, Sec. 14. Effective August 16, 2004.)
  25. 5751.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. )

    Verify source ↗

    The Legislature states that river parkways provide recreational, environmental, flood-control, and community benefits in California.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. ) ## 5751. The Legislature finds and declares all of the following: (a) River parkways directly improve the quality of life in California by providing important recreational, open space, wildlife, flood management, water quality, and urban waterfront revitalization benefits to communities in the state. (b) River parkways provide communities with safe places for recreation including family picnics; bicycling and hiking; areas for river access for swimming, canoeing, and fishing; and many other activities. (c) River parkways help revitalize deteriorated urban neighborhoods and provide an anchor for economic development by providing important recreational and scenic amenities. (d) River parkways provide accessible open space that helps remedy the severe shortage of park and open-space areas that plague many urban and suburban communities, small towns, and rural areas. (e) River parkways provide flood protection benefits for communities by providing wider corridors along our waterways that help store, and provide safe corridors for the passage of, storm waters. (f) River parkways protect and restore riparian and riverine habitat. (g) River parkways improve or protect the water quality in our rivers and streams. (h) River parkways provide the recreational and ecosystem components of integrated regional water management and watershed plans. (i) California can improve the quality of life in this state by assisting public agencies and nonprofit organizations in establishing, developing, and restoring river parkways. (Added by Stats. 2004, Ch. 230, Sec. 14. Effective August 16, 2004.)
  26. 5752.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. )

    Verify source ↗

    This section defines key terms used in the California River Parkways Act chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. ) ## 5752. For purposes of this chapter, the following terms have the following meanings: (a) “Acquisition” means obtaining fee title or a lesser interest in real property, including easements, development rights, or water rights. (b) “Development” includes, but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. (c) “Interpretation” includes, but is not limited to, visitor-serving amenities that communicate the significance and value of natural, historical, and cultural resources in a way that increases understanding and enjoyment of those resources. (d) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code. (e) “Parkways program” means the California River Parkways Program established pursuant to subdivision (a) of Section 5753. (f) “Secretary” means the Secretary of the Resources Agency. (Added by Stats. 2004, Ch. 230, Sec. 14. Effective August 16, 2004.)
  27. 5753.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. )

    Verify source ↗

    This section creates the California River Parkways Program and requires the secretary to administer it and make grants for river parkway projects.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. ) ## 5753. (a) The California River Parkways Program is hereby established in the office of the Secretary of the Resources Agency, to be administered by the secretary. (b) The secretary shall make grants available to public agencies and nonprofit organizations for river parkway projects from moneys appropriated to the secretary. Those funds may also be used for costs directly related to the delivery of the river parkways program. (c) Grants may be awarded for the acquisition of land for river parkways or for the restoration, protection, and development of river parkways in accordance with the provisions of this chapter. Not more than 10 percent of the funds appropriated to the secretary for river parkways may be used for urban stream restoration projects pursuant to Section 7048 of the Water Code. (d) All projects shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (e) All acquisitions shall be from willing sellers. (f) To be eligible for a grant, a project shall provide public access or be a component of a larger parkway plan that provides public access and, at a minimum, meets two of any of the following conditions: (1) Provide compatible recreational opportunities including trails for strolling, hiking, bicycling, and equestrian uses along rivers and streams. (2) Protect, improve, or restore riverine or riparian habitat, including benefits to wildlife habitat and water quality. (3) Maintain or restore the open-space character of lands along rivers and streams so that they are compatible with periodic flooding as part of a flood management plan or project. (4) Convert existing developed riverfront land uses into uses consistent with river parkways, as identified in this chapter. (5) Provide facilities to support or interpret river or stream restoration or other conservation activities. (Added by Stats. 2004, Ch. 230, Sec. 14. Effective August 16, 2004.)
  28. 5754.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. )

    Verify source ↗

    If funds are available, the secretary must develop guidelines for river parkway plans and may award grants to help develop those plans.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. ) ## 5754. To the extent funds are available, the secretary shall develop guidelines for the preparation and consideration of river parkway plans for the purpose of Section 5753 and may award grants to assist in development of such plans. (Added by Stats. 2004, Ch. 230, Sec. 14. Effective August 16, 2004.)
  29. 5755.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. )

    Verify source ↗

    The secretary must report to the Legislature every year about the geographic distribution, types, and benefits of projects funded under this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. ) ## 5755. The secretary shall report annually to the Legislature regarding the geographic distribution, types, and benefits of projects funded pursuant to this chapter. (Added by Stats. 2004, Ch. 230, Sec. 14. Effective August 16, 2004.)
  30. 5756.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. )

    Verify source ↗

    The secretary must develop regulations, criteria, or procedural guidelines to implement this chapter, and they must be consistent with Section 5753.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 3.8. California River Parkways Act of 2004 [5750 - 5756] ( Chapter 3.8 added by Stats. 2004, Ch. 230, Sec. 14. ) ## 5756. The secretary shall develop regulations, criteria, or procedural guidelines for the implementation of this chapter that shall be consistent with, but not limited to, Section 5753. All regulations, criteria, and procedural guides adopted by the secretary to implement this chapter are exempt from Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. (Added by Stats. 2004, Ch. 230, Sec. 14. Effective August 16, 2004.)
  31. 5780.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    This chapter is named the Recreation and Park District Law.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5780. (a) This chapter shall be known and may be cited as the Recreation and Park District Law. (b) The Legislature finds and declares that recreation, park, and open-space facilities and services are important to improving and protecting the quality of life for all Californians. The Legislature further finds and declares that the provision of recreation, park, and open-space facilities and services are essential services which are important to the public peace, health, and welfare of California residents. Among the ways in which local communities have provided these facilities and services has been the creation and operation of recreation and park districts. For at least seven decades, state laws have authorized recreation and park districts to provide recreation programs, local parks, and open spaces. Local officials have used this statutory authority to serve the diversity of California’s communities and residents. In enacting this chapter, it is the intent of the Legislature to create and continue a broad statutory authority for a class of special districts that provides community recreation, park, and open-space facilities and recreation services within specified boundaries and under local control. It is also the intent of the Legislature that recreation and park districts cooperate with other public agencies and private organizations to deliver those facilities and services. Further, the Legislature encourages local communities and local officials to adapt the powers and procedures provided by this chapter to meet the diversity of their own local circumstances and responsibilities. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  32. 5780.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    This section defines key terms used in this chapter about recreation and park districts.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5780.1. As used in this chapter: (a) “Board of directors” means the board of directors of a district. (b) “City” means any city whether general law or charter, including a city and county, and including any city the name of which includes the word “town.” (c) “Community recreation” means recreation facilities and services engaged in under the control of a district. (d) “District” means a recreation and park district created pursuant to this chapter or any of its statutory predecessors. (e) “Local agency” means a city, county, city and county, special district, school district, community college district, community redevelopment agency, joint powers agency, or any other political subdivision of the state. (f) “Principal county” means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district. (g) “Recreation” means any voluntary activity which contributes to the education, entertainment, or cultural, mental, moral, or physical development of the individual, group, or community that attends, observes, or participates. “Recreation” includes, but is not limited to, any activity in the fields of art, athletics, drama, habitat conservation, handicrafts, literature, music, nature study, open-space conservation, science, sports, and any formal or informal play that includes these activities. (h) “Recreation facility” means an area, place, structure, or other facility under the jurisdiction of a public agency that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. “Recreation facility” includes, but is not limited to, an arts and crafts room, auditorium, beach, camp, community center, golf course, gymnasium, lake, meeting place, open space, park, parkway, playground, playing court, playing field, recreational reservoir, river, and swimming pool. A recreation facility may be owned or operated jointly by a district and other public agencies. (i) “Voter” means a voter as defined by Section 359 of the Elections Code. (j) “Zone” means a zone formed pursuant to Article 12 (commencing with Section 5791). (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  33. 5780.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    This section says the chapter gives the authority for organizing and empowering recreation and park districts, carries forward older districts and zones, and protects certain pre-2002 district actions from being voided just for technical defects.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5780.3. (a) This chapter provides the authority for the organization and powers of recreation and park districts. This chapter succeeds the former Chapter 4 (commencing with Section 5780) as added by Chapter 2165 of the Statutes of 1957, as subsequently amended, and any of its statutory predecessors. (b) Any recreation and park district organized or reorganized pursuant to the former Chapter 4 or any of its statutory predecessors which was in existence on January 1, 2002, shall remain in existence as if it had been organized pursuant to this part. Any zone of a recreation and park district formed pursuant to the former Article 10 (commencing with Section 5788) of the former Chapter 4 or any of its statutory predecessors which was in existence on January 1, 2002, shall remain in existence as if it had been formed pursuant to this chapter. (c) Any general obligation bond, special tax, benefit assessment, fee, election, ordinance, resolution, regulation, rule, or any other action of a district taken pursuant to the former Chapter 4 or any of its statutory predecessors which was taken before January 1, 2002, shall not be voided solely because of any error, omission, informality, misnomer, or failure to comply strictly with this chapter. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  34. 5780.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    This chapter is to be interpreted broadly so it can carry out its purposes, and it is stated to be necessary for public health, safety, and welfare.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5780.5. This chapter is necessary for the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  35. 5780.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    If part of this chapter is held invalid, the rest still applies if it can work without the invalid part.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5780.7. If any provision of this chapter or the application of any provision of this chapter in any circumstance or to any person, city, county, special district, school district, the state, or any agency or subdivision of the state is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application of the invalid provision, and to this end the provisions of this chapter are severable. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  36. 5780.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    Challenges to the validity of a district’s organization or actions must be brought under Chapter 9 of Title 10, Part 2 of the Code of Civil Procedure.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 1. General Provisions [5780 - 5780.9] ( Article 1 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5780.9. Any action to determine the validity of the organization of or of any action of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  37. 5781.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 2. Area and Boundaries [5781 - 5781.1] ( Article 2 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    Territory may be included in a recreation and park district, except as otherwise provided in this section, and territory already in one such district cannot be included in another.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 2. Area and Boundaries [5781 - 5781.1] ( Article 2 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5781. Except as provided in this section, territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district. Territory that is already within a recreation and park district organized pursuant to this chapter shall not be included within another recreation and park district. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  38. 5781.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 2. Area and Boundaries [5781 - 5781.1] ( Article 2 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The cited local government reorganization law governs any change of organization or reorganization of a district.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 2. Area and Boundaries [5781 - 5781.1] ( Article 2 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5781.1. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code, shall govern any change of organization or reorganization of a district. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  39. 5782.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A new district may be formed under this article.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5782. A new district may be formed pursuant to this article. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  40. 5782.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A petition to form a new district must include required formation details and be signed by at least 25% of registered voters in the area to be included in the district.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5782.1. (a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700 of the Government Code. In addition, the petition shall do all of the following: (1) Set forth the methods by which the district will be financed, including, but not limited to, special taxes, benefit assessments, and fees. (2) Propose a name for the district. (3) Specify the method of selecting the initial board of directors, as provided in Article 4 (commencing with Section 5783). (4) Specify whether the district will have the power of eminent domain. (b) The petitions, the proponents, and the procedures for certifying the sufficiency of the petitions shall comply with Chapter 2 (commencing with Section 56700) of Part 3 of Division 3 of Title 5 of the Government Code. In the case of any conflict between that chapter and this article, the provisions of this article shall prevail. (c) The petition shall be signed by not less than 25 percent of the registered voters residing in the area to be included in the district, as determined by the local agency formation commission. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  41. 5782.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    Before circulating a petition, proponents must publish a notice of intention, publish it in the required newspapers, and file a copy plus affidavit within five days after publication.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5782.3. (a) Before circulating any petition, the proponents shall publish a notice of intention that shall include a written statement not to exceed 500 words in length, setting forth the reasons for forming the district and the methods by which the district will be financed. The notice shall be published pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation within the territory proposed to be included in the district. If the territory proposed to be included in the district is located in more than one county, publication of the notice shall be made in at least one newspaper of general circulation in each of the counties. (b) The notice shall be signed by a representative of the proponent, and shall be in substantially the following form: ## “Notice of Intent to Circulate Petition Notice is hereby given of the intention to circulate a petition proposing to form the ______ (name of the district). The reasons for forming the proposed district are: ______. The method(s) by which the proposed district will be financed are ______.” (c) Within five days after the date of publication, the proponent shall file with the executive officer of the local agency formation commission of the principal county a copy of the notice together with an affidavit made by a representative of the newspaper in which the notice was published certifying to the fact of the publication. (d) After the filing required pursuant to subdivision (c), the petition may be circulated for signatures. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  42. 5782.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A county or city legislative body may propose forming a new district by resolution, but must hold a public hearing, give advance mailed notice, allow public comment, and the clerk must file a certified copy with the local agency formation commission.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5782.5. (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district. Except for the provisions regarding the signers, signatures, and the proponents, a resolution of application shall contain all of the matters specified for a petition in Section 5782.1. (b) Before adopting a resolution of application, the legislative body shall hold a public hearing on the resolution. Notice of the hearing shall be published pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation within the county or city. At least 20 days before the hearing, the legislative body shall give mailed notice of its hearing to the executive officer of the local agency formation commission of the principal county. The notice shall generally describe the proposed formation of the district and the territory proposed to be included in the district. (c) At the hearing, the legislative body shall give any person an opportunity to present his or her views on the resolution. (d) The clerk of the legislative body shall file a certified copy of the resolution of application with the executive officer of the local agency formation commission of the principal county. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  43. 5782.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A local agency formation commission must follow the referenced procedures after a sufficient petition or resolution is filed, and it may not approve a district formation proposal unless it finds the district will have enough revenue.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 3. Formation [5782 - 5782.7] ( Article 3 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5782.7. (a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Part 3 (commencing with Section 56650) and, notwithstanding Section 57007 of the Government Code, pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5 of the Government Code. (b) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a district unless the commission determines that the proposed district will have sufficient revenues to carry out its purposes. (c) Notwithstanding subdivision (b), a local agency formation commission may approve a proposal that includes the formation of a district where the commission has determined that the proposed district will not have sufficient revenue provided that the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. The commission shall provide that if the voters or property owners do not approve the special taxes or benefit assessments, the proposed district shall not be formed. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  44. 5783.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The initial board of directors for a district formed on or after January 1, 2002, must be determined under this article.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5783. The initial board of directors of a district formed on or after January 1, 2002, shall be determined pursuant to this article. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  45. 5783.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    If a district covers only unincorporated territory in one county, the board of directors may be elected or may be appointed by the county board of supervisors, which may also appoint itself as the district board.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5783.1. In the case of a district that contains only unincorporated territory in a single county, the board of directors may be elected or may be appointed by the county board of supervisors which may appoint itself as the district board. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  46. 5783.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    For districts with an initial board to be elected, the directors may be elected at large, by divisions, or from divisions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5783.11. (a) In the case of a district where the initial board of directors is to be elected, the elections and the terms of office shall be determined pursuant to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of the Elections Code. (b) In the case of a district where the initial board of directors is to be elected, the directors may be elected (1) at large, (2) by divisions, or (3) from divisions. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  47. 5783.13.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    For districts with an initial board of directors to be appointed, the appointing county board of supervisors or city council must choose between fixed terms and service at the pleasure of the appointing authority.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5783.13. In the case of a district where the initial board of directors is to be appointed, the county board of supervisors or the city council that appoints the board of directors shall specify either of the following: (a) The persons appointed to the board of directors shall serve fixed terms. The directors appointed to the initial board of directors shall classify themselves by lot into two classes, as nearly equal in number as possible, and the terms of office of the class having the greater number shall be four years and the terms of office of the class having the lesser number shall be two years. (b) The persons appointed to the board of directors shall serve at the pleasure of the county board of supervisors or the city council which made the appointments. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  48. 5783.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    For a district spanning only unincorporated territory in more than one county, the board of directors may be elected or appointed by county boards of supervisors.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5783.3. In the case of a district that contains only unincorporated territory in more than one county, the board of directors may be elected or may be appointed by the boards of supervisors of the counties in which the district is located. If the board of directors is appointed by the county boards of supervisors, the boards of supervisors shall appoint directors according to the proportionate share of population of that portion of each county within the district, provided that each board of supervisors shall appoint at least one director. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  49. 5783.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    For certain districts with unincorporated territory and one or more cities, the board of supervisors and city councils may appoint the board of directors, and if they do, they must do so by population share with at least one director from each board. The county board of supervisors may also appoint itself as the board of directors if every city council consents by resolution.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5783.5. In the case of a district that contains unincorporated territory and the territory of one or more cities: (a) The board of directors may be elected or appointed by the county board of supervisors and the city councils in which the district is located. If the board of directors is to be appointed, the board of supervisors and the city council or councils shall appoint directors according to the proportionate share of population of that portion of the county and each city within the district, provided that the board of supervisors and each city council shall appoint at least one director. The board of supervisors or city council may appoint one or more of its members to the district board. (b) Notwithstanding subdivision (a), the county board of supervisors may appoint itself as the board of directors, if the city council of each of the cities consents by resolution. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  50. 5783.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    If a district covers only incorporated territory within one city, the board of directors may be elected or appointed by the city council, and the council may appoint itself as the board.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5783.7. In the case of a district that includes only incorporated territory within a single city, the board of directors may be elected or appointed by the city council which may appoint itself as the board of directors. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  51. 5783.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    For certain multi-city districts made up only of incorporated territory, the board may be elected or appointed by the city councils; if appointed, the councils must allocate directors by population share and each council must appoint at least one director.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 4. Selection of the Initial Board of Directors [5783 - 5783.13] ( Article 4 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5783.9. In the case of a district that includes only incorporated territory in more than one city, the board of directors may be elected or appointed by the city councils in which the district is located. If the board of directors is appointed, the city councils shall appoint directors according to the proportionate share of population of that portion of each city within the district, provided that each city council shall appoint at least one director. The city council may appoint one or more of its own members to the district board. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  52. 5784.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The board of directors governs each district, sets operating policies, and must see that those policies are carried out. A person may be a candidate for or be appointed to the board only if they are a voter of the district or proposed district.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784. (a) A legislative body known as the board of directors shall govern every district. The board of directors shall establish policies for the operation of the district. The board of directors shall provide for the faithful implementation of those policies which is the responsibility of the employees of the district. (b) Except as provided in this article, the board of directors consists of five members. (c) No person shall be a candidate for or be appointed to the board of directors unless he or she is a voter of the district or the proposed district. (d) Service on a municipal advisory council established pursuant to Section 31010 of the Government Code shall not be considered an incompatible office with service as an elected member of a board of directors. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  53. 5784.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

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    Some board members may keep serving and may be reappointed later if they met the voter and property requirements on December 31, 2001 and keep meeting them.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784.1. Notwithstanding any other provision of law, if on December 31, 2001, a member of the board of directors was elected or appointed as a voter of this state and is an owner of real property within the district, pursuant to the former Section 5783.3, that person may continue to serve on that board of directors for the remainder of the term for which he or she was elected or appointed, and that person may be elected or appointed to that board of directors in the future after that term ends, provided that the person continues to be a voter of this state and an owner of real property within the district. (Amended by Stats. 2003, Ch. 863, Sec. 1. Effective January 1, 2004.)
  54. 5784.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

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    A board of directors must meet at least once every three months.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784.11. A board of directors shall meet at least once every three months. Meetings of the board of directors are subject to the provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  55. 5784.13.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

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    The board of directors must have a majority present to conduct business, act only by ordinance, resolution, or motion, use a recorded majority vote for each action unless the chapter says otherwise, keep records of its acts and financial transactions, and adopt rules for its proceedings.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784.13. (a) A majority of the board of directors shall constitute a quorum for the transaction of business. (b) The board of directors shall act only by ordinance, resolution, or motion. (c) Except as otherwise specifically provided to the contrary in this chapter, a recorded majority vote of the total membership of the board of directors is required on each action. (d) The board of directors shall keep a record of all its acts, including financial transactions. (e) The board of directors shall adopt rules for its proceedings. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  56. 5784.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

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    The board may authorize member compensation up to $100 per meeting, but members cannot be paid for more than six meetings in a calendar month.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784.15. (a) The board of directors may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred dollars ($100) for attending each meeting of the board. The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board. (b) Board members shall not receive compensation for more than six meetings of the board in a calendar month. The board of directors shall, commencing January 1, 2019, if the district compensates its members for more than five meetings in a calendar month, annually adopt a written policy, based on a finding supported by substantial evidence, why more than five meetings per month are necessary for the effective operation of the district. (c) In addition, members of the board of directors may receive their actual and necessary traveling and incidental expenses incurred while on official business. (d) A member of the board of directors may waive the compensation. (e) For the purposes of this section, a meeting of the board of directors includes, but is not limited to, regular meetings, special meetings, closed sessions, emergency meetings, board field trips, district public hearings, or meetings of a committee of the board. (f) For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (g) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2018, Ch. 170, Sec. 5. (AB 2329) Effective January 1, 2019.)
  57. 5784.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

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    A local agency formation commission may temporarily expand a consolidated or reorganized district’s board to seven or nine directors, and the board later must be reduced to five members under the stated conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784.2. (a) Notwithstanding any other provision of law, a local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single recreation and park district, pursuant to subdivisions (k) and (n) of Section 56886 of the Government Code, may temporarily increase the number of directors to serve on the board of directors of the consolidated or reorganized district to seven or nine, who shall be members of the board of directors of the districts to be consolidated or reorganized as of the effective date of the consolidation or reorganization. (b) Upon the expiration of the terms of the members of the board of directors of the consolidated or reorganized district, whose terms first expire following the effective date of the consolidation or reorganization, the total number of members on the board of directors shall be reduced until the number equals five members. (c) In addition to the powers granted under Section 1780 of the Government Code, in the event of a vacancy on the board of directors of the consolidated or reorganized district at which time the total number of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event, the total membership of the board of directors shall be reduced by one board member. (d) For the purposes of this section, the following definitions apply: (1) “Consolidation” means consolidation as defined in Section 56030 of the Government Code. (2) “District” or “special district” means district or special district as defined in Section 56036 of the Government Code. (3) “Reorganization” means reorganization as defined in Section 56073 of the Government Code. (Added by Stats. 2006, Ch. 643, Sec. 30. Effective January 1, 2007.)
  58. 5784.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    Board members elected or appointed to a fixed term serve four years, and directors take office at noon on the first Friday in December after election or appointment.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784.3. (a) The term of office of each member of a board of directors who has been elected or appointed to a fixed term is four years. Directors shall take office at noon on the first Friday in December following their election or their appointment to a fixed term. (b) Notwithstanding subdivision (a), in the case of a district formed on or after January 1, 2002, the directors shall serve the terms determined pursuant to Section 5783.11. (c) Any vacancy in the office of a member appointed to a board of directors shall be filled pursuant to Section 1779 of the Government Code. (d) Any vacancy in the office of a member elected to a board of directors shall be filled pursuant to Section 1780 of the Government Code. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  59. 5784.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

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    A county board of supervisors or city council that has made itself the board of directors may delegate its powers to a five-member recreation and park commission. Commissioners may be city council members in certain districts, the appointing body decides their term setup, and each commissioner must be a district voter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784.5. If a county board of supervisors or a city council has appointed itself as the board of directors, the board of supervisors or city council may delegate any or all of its powers to a recreation and park commission composed of five commissioners. In the case of a district governed by a board of supervisors, the commissioners may be council members of cities that are located in the district. The board of supervisors or city council shall determine whether the commissioners shall serve at its pleasure or for staggered terms of four years, subject to removal for cause. A commissioner shall be a voter of the district. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  60. 5784.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

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    The board of directors must meet and elect officers within the stated timeframes, may add officers and appoint a secretary or clerk, and no director may hold more than one office.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784.7. (a) Within 45 days after their first election and after each general district election or unopposed election, or at the beginning of each new term for members of an appointed board, the board of directors shall meet and elect its officers. (b) The officers of a board of directors are a chair and vice chair. A board of directors may create additional officers and elect members to those positions, provided that no member of a board of directors shall hold more than one office. (c) The board of directors may appoint one of its members as secretary. The board of directors may also employ a clerk to perform the duties of the secretary. If the board of directors does not appoint a secretary, the clerk shall perform the duties of the secretary. (d) In the case of a district that includes only incorporated territory within a single city, the city treasurer shall act as the district treasurer and shall receive no compensation for the receipt and disbursement of money of the district. In all other cases, the county treasurer of the principal county shall act as the district treasurer and shall receive no compensation for the receipt and disbursement of money of the district. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  61. 5784.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. )

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    This section lets a district set up an alternative depositary and assigns the board and finance officer several finance-related duties.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 5. Boards of Directors and Officers [5784 - 5784.15] ( Article 5 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5784.9. (a) Notwithstanding Section 5784.7, a district may establish an alternative depositary pursuant to this section. (b) The board of directors may adopt a resolution to designate a bank or a savings and loan association as the depositary of any or all of its funds. The board of directors and the board of supervisors of the principal county shall determine a mutually acceptable date for the transfer of the district’s funds to that depositary, not to exceed 15 months from the date on which the board of directors adopted its resolution. (c) If the board of directors does not designate that depositary for all of its funds, the board of directors shall designate what funds are to be deposited in that depositary. The county treasurer shall be the depositary for all funds not so designated. (d) The charges of any depositary designated pursuant to this section shall be a proper expense of the district. (e) The board of directors shall appoint a person who shall be known as the finance officer, who shall serve at the pleasure of the board of directors. The finance officer may be a member of the board of directors, the general manager, or the office of finance officer may be consolidated with the office of secretary. The board of directors shall fix the amount of the finance officer’s compensation. The board of directors shall fix the amount of and approve the finance officer’s bond. (f) Bond principal and interest and salaries shall be paid when due. Except as provided in subdivision (g), the board of directors shall approve all other claims and demands in an open meeting by a majority of the members of the board of directors. (g) Warrants drawn in payment of claims and demands approved by the finance officer as conforming to an approved budget need not be approved by the board of directors prior to payment. These claims and demands shall be presented to the board of directors for ratification and approval in the audited comprehensive annual financial report. (h) The finance officer shall draw the warrants. The warrants shall be signed by either the chair of the board of directors or another member of the board, and by either the secretary or the general manager. The board of directors, by ordinance or resolution, may prescribe an alternative method of drawing and signing warrants, provided that the method adheres to generally accepted accounting principles. (i) The finance officer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the district. (j) The finance officer shall make annual or more frequent written reports to the board of directors, as the board shall determine, regarding the receipts and disbursements and balances in the accounts that are controlled by the finance officer. The finance officer shall sign the reports and file them with the secretary. (k) A bank or savings and loan association may act as a depositary, paying agent, or fiscal agent for the holding or handling of the district’s funds, notwithstanding the fact that a member of the board of directors whose funds are on deposit in that bank or savings and loan association is an officer, employee, or stockholder of that bank or savings and loan association, or of a holding company that owns any of the stock of that bank or savings and loan company. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  62. 5785.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 6. Reorganizing the Board of Directors [5785 - 5785.5] ( Article 6 added by Stats. 2001, Ch. 15, Sec. 4. )

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    This section lets a district’s board choose elections at large, by divisions, or from divisions, and sets the steps for putting that choice on the ballot and carrying it out.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 6. Reorganizing the Board of Directors [5785 - 5785.5] ( Article 6 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5785. (a) In the case of a district with an elected board of directors, the directors may be elected: (1) At large. (2) By divisions. (3) From divisions. (b) As used in this article: (1) “By divisions” means the election of each member of the board of directors by voters of the division alone. (2) “From divisions” means the election of members of the board of directors who are residents of the division from which they are elected by the voters of the entire district. (c) A board of directors may be elected by any one of the methods described in subdivision (a) if a majority of the voters voting upon the question are in favor of the question at a general district or special election. (d) The board of directors may adopt a resolution placing the question on the ballot. Alternatively, upon receipt of a petition signed by at least 25 percent of the registered voters of the district, the board of directors shall adopt a resolution placing the question on the ballot. (e) If the question is submitted to the voters at a general district election, the notice required by Section 12112 of the Elections Code shall contain a statement of the question to appear on the ballot. If the question is submitted to the voters at a special election, the notice of election and ballot shall contain a statement of the question. (f) If the majority of voters voting upon the question approves the election of directors either by divisions or from divisions, the board of directors shall promptly adopt a resolution dividing the district into five divisions. The resolution shall assign a number to each division. Using the last decennial census as a basis, the divisions shall be as nearly equal in population as possible. In establishing the boundaries of the divisions, the district board may give consideration to the following factors: (1) Topography. (2) Geography. (3) Cohesiveness, contiguity, integrity, and compactness of territory. (4) Community of interests of the divisions. (g) If the majority of voters voting upon the question approves of the election of directors either by divisions or from divisions, the members of the board of directors shall be elected by divisions or from divisions. Each member elected by division or from division shall be a resident of the election division by which or from which he or she is elected. At the district general election following the approval by the voters of the election of directors either by divisions or from divisions, the board of directors shall assign vacancies on the board of directors created by the expiration of terms to the respective divisions and the vacancies shall be filled either by or from those divisions. (h) If the majority of voters voting on the question approves of the election of directors at large, the board of directors shall promptly adopt a resolution dissolving the divisions that had existed. (Amended by Stats. 2006, Ch. 588, Sec. 17. Effective January 1, 2007.)
  63. 5785.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 6. Reorganizing the Board of Directors [5785 - 5785.5] ( Article 6 added by Stats. 2001, Ch. 15, Sec. 4. )

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    Certain boards of directors must review and adjust district division boundaries or appointment shares after each decennial census, and after organization changes that affect population.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 6. Reorganizing the Board of Directors [5785 - 5785.5] ( Article 6 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5785.1. (a) In the case of a board of directors elected by divisions or from divisions, the board of directors shall adjust the boundaries of the divisions before November 1 of the year following the year in which each decennial census is taken. If, at any time between each decennial census, a change of organization or reorganization alters the population of the district, the board of directors shall reexamine the boundaries of its divisions. If the board of directors finds that the population of any division has varied so that the divisions no longer meet the criteria specified in subdivision (f) of Section 5785, the board of directors shall adjust the boundaries of the divisions so that the divisions shall be as nearly equal in population as possible. The board of directors shall make this change within 60 days of the effective date of the change of organization or reorganization. (b) In the case of a board of directors that has been appointed by more than one county board of supervisors or city council, the board of directors shall adjust the proportionate distribution of the appointments before November 1 of the year following the year in which each decennial census is taken. If at any time between each decennial census, a change of organization or reorganization alters the population of the district, the board of directors shall reexamine the proportionate distribution of appointments. If the board of directors finds that the population of the district has varied so that the distribution of appointments is no longer proportionate, the board of directors shall adjust the proportionate distribution of appointments accordingly. The board of directors shall make this change within 60 days of the effective date of the change of organization or reorganization. The county board of supervisors or city council shall appoint members to the board of directors as vacancies occur. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  64. 5785.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 6. Reorganizing the Board of Directors [5785 - 5785.5] ( Article 6 added by Stats. 2001, Ch. 15, Sec. 4. )

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    The board may, or in some cases must, place a board-structure question on the ballot, and the district’s board structure changes if the voters approve it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 6. Reorganizing the Board of Directors [5785 - 5785.5] ( Article 6 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5785.3. (a) If a majority of the voters voting on the question at a general district or special district election are in favor, a district that has an appointed board of directors shall have an elected board of directors, or a district that has an elected board of directors shall have an appointed board of directors. (b) The board of directors may adopt a resolution placing the question on the ballot. Alternatively, upon receipt of a petition signed by at least 25 percent of the registered voters of the district, the board of directors shall adopt a resolution placing the question on the ballot. (c) If the question is submitted to the voters at a general district election, the notice required by Section 12112 of the Elections Code shall contain a statement of the question to appear on the ballot. If the question is submitted to the voters at a special election, the notice of election and ballot shall contain a statement of the question. (d) If a majority of voters voting upon the question approves of changing from an appointed board of directors to an elected board of directors, the members of the board of directors shall be elected at the next general district election. If a majority of voters voting upon the question approves of changing from an elected board of directors to an appointed board of directors, members shall be appointed to the board of directors as vacancies occur. (Amended by Stats. 2006, Ch. 588, Sec. 18. Effective January 1, 2007.)
  65. 5785.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 6. Reorganizing the Board of Directors [5785 - 5785.5] ( Article 6 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    Before circulating a petition, the proponents must publish a notice of intention and then file it with the board secretary within five days after publication.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 6. Reorganizing the Board of Directors [5785 - 5785.5] ( Article 6 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5785.5. (a) Before circulating any petition pursuant to Section 5785 or Section 5785.3, the proponents shall publish a notice of intention that shall include a written statement not to exceed 500 words in length, setting forth the reasons for the proposal. The notice shall be published pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation within the district. If the district is located in more than one county, publication of the notice shall be made in at least one newspaper of general circulation in each county. (b) The notice shall be signed by at least one, but not more than three, proponents and shall be in substantially the following form: ## “Notice of Intent to Circulate Petition Notice is hereby given of the intention to circulate a petition affecting the Board of Directors of the ______ (name of the district). The petition proposes that ______ (description of the proposal).” (c) Within five days after the date of publication, the proponents shall file with the secretary of the board of directors a copy of the notice together with an affidavit made by a representative of the newspaper in which the notice was published certifying to the fact of publication. (d) After the filing required pursuant to subdivision (c), the petition may be circulated for signatures. (e) Sections 100 and 104 of the Elections Code shall govern the signing of the petition and the format of the petition. (f) A petition may consist of a single instrument or separate counterparts. The proponents shall file the petition, together with all counterparts, with the secretary of the board of directors. The secretary shall not accept a petition for filing unless the signatures have been secured within six months of the date on which the first signature was obtained and the proponents submitted the petition to the secretary for filing within 60 days after the last signature was obtained. (g) Within 30 days after the date of filing a petition, the secretary of the board of directors shall cause the petition to be examined by the county elections official, in accordance with Sections 9113 to 9115, inclusive, of the Elections Code, and shall prepare a certificate of sufficiency indicating whether the petition is signed by the requisite number of signers. (h) If the certificate of the secretary shows the petition to be insufficient, the secretary shall immediately give notice by certified mail of the insufficiency to the proponents. That mailed notice shall state in what amount the petition is insufficient. Within 15 days after the date of the notice of insufficiency, the proponents may file with the secretary a supplemental petition bearing additional signatures. (i) Within 10 days after the date of filing a supplemental petition, the secretary shall examine the supplemental petition and certify the results in writing of his or her examination. (j) The secretary shall sign and date a certificate of sufficiency. That certificate shall also state the minimum signature requirements for a sufficient petition and show the results of the secretary’s examination. The secretary shall mail a copy of the certificate of sufficiency to the proponents. (k) Once the proponents have filed a sufficient petition, the board of directors shall take the actions required pursuant to Section 5785 or 5785.3. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  66. 5786.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A district may run, promote, and advertise community recreation programs, create recreation systems and facilities, and acquire, improve, maintain, and operate recreation facilities.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786. A district may: (a) Organize, promote, conduct, and advertise programs of community recreation, including, but not limited to, parks and open space, parking, transportation, and other related services that improve the community’s quality of life. (b) Establish systems of recreation and recreation facilities, including, but not limited to, parks and open space. (c) Acquire, construct, improve, maintain, and operate recreation facilities, including, but not limited to, parks and open space, both inside and beyond the district’s boundaries. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  67. 5786.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A district may exercise all rights and powers needed to carry out this chapter’s purposes, including specific powers listed in the section.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.1. A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this chapter, including, but not limited to, the following powers: (a) To sue and be sued. (b) To acquire any real or personal property within or outside the district, to hold, manage, occupy, dispose of, convey and encumber the property, and to create a leasehold interest in the property for the benefit of the district. (c) To acquire any real or personal property by eminent domain within the boundaries of the district, pursuant to Section 5786.5. (d) To appoint necessary employees, to define their qualifications and duties, and to provide a schedule of compensation for performance of their duties. (e) To engage counsel and other professional services. (f) To enter into and perform all necessary contracts pursuant to Article 53.5 (commencing with Section 20815) of Chapter 1 of Part 3 of the Public Contract Code. (g) To borrow money, give security therefor, and purchase on contract, as provided in this chapter. (h) To adopt a seal and alter it at pleasure. (i) To adopt ordinances following the procedures of Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the Government Code. (j) To adopt and enforce rules and regulations for the administration, operation, use, and maintenance of the recreation facilities, programs, and services listed in Section 5786. (k) To enter joint powers agreements pursuant to the Joint Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (l) To provide insurance pursuant to Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code. (m) To perform any acts necessary to carry out the provisions of this chapter. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  68. 5786.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A district may cooperate and make agreements with other public agencies, and may jointly acquire, build, improve, maintain, and operate recreation facilities and community recreation programs.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.11. (a) A district may cooperate with any city, county, special district, school district, state agency, or federal agency to carry out the purposes and intent of this chapter. To that end, a district may enter into agreements with those other public agencies to do any and all things necessary or convenient in carrying out the purposes and intent of this chapter. (b) A district may jointly acquire, construct, improve, maintain, and operate recreation facilities and programs of community recreation with any other public agency. Nothing in this chapter shall be construed to prohibit any joint or cooperative action with other public agencies. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  69. 5786.13.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A district may contract with other public agencies to provide recreation facilities and community recreation programs inside the district or inside those other agencies’ boundaries.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.13. A district may contract with other public agencies to provide recreation facilities and programs of community recreation within the district’s boundaries. A district may contract with other public agencies to provide recreation facilities and programs of community recreation within the boundaries of other public agencies. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  70. 5786.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    Each district must adopt bidding and purchasing policies, and it may ask certain public purchasing authorities to buy materials, equipment, or supplies on its behalf.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.15. (a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchase of supplies and equipment. Each district shall adopt these policies and procedures by rule or regulation pursuant to Article 7 (commencing with Section 54201) of Chapter 5 of Division 2 of Title 5 of the Government Code. (b) A district may request the Department of General Services to make purchases of materials, equipment, or supplies on its behalf pursuant to Section 10324 of the Public Contract Code. (c) A district may request the purchasing agent of the principal county to make purchases of materials, equipment, or supplies on its behalf, pursuant to Article 7 (commencing with Section 25500) of Chapter 5 of Division 2 of Title 3 of the Government Code. (d) A district may request the purchasing agent of the principal county to contract with persons to provide recreation facilities and programs of community recreation, pursuant to Article 7 (commencing with Section 25500) of Chapter 5 of Division 2 of Title 3 of the Government Code. The district shall be responsible for and maintain control over those recreational facilities and programs of community recreation. (e) A district may lease or rent private vehicles or equipment owned by district employees. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  71. 5786.17.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A board of directors may authorize designated uniformed district employees to issue citations in limited circumstances, and district employees must issue citations under the Penal Code procedure. Violating a board-adopted rule, regulation, or ordinance is a misdemeanor.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.17. (a) Violation of any rule, regulation, or ordinance adopted by a board of directors is a misdemeanor punishable pursuant to Section 19 of the Penal Code. (b) Any citation issued by a district for violation of a rule, regulation, or ordinance adopted by a board of directors may be processed as an infraction pursuant to subdivision (d) of Section 17 of the Penal Code. (c) To protect property and to preserve the peace at recreation facilities and other property owned or managed by a district, the board of directors may confer on designated uniformed district employees the power to issue citations for misdemeanor and infraction violations of state law, city or county ordinances, or district rules, regulations, or ordinances when the violation is committed within a recreation facility and in the presence of the employee issuing the citation. District employees shall issue citations pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  72. 5786.19.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    This section says the Meyers-Milias-Brown Act applies to all districts, and lets a district board adopt ordinances about employee relations systems, with some actions requiring prior permission.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.19. (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all districts. (b) A board of directors may adopt an ordinance establishing an employee relations system which may include, but is not limited to, a civil service system or a merit system. (c) With the prior permission of the board of supervisors of the principal county, or in the case of a district which contains no unincorporated territory with the prior permission of the city council, a board of directors may adopt an ordinance that makes the employees of the district subject to the employee relations system of the principal county or that city. The board of directors may adopt an ordinance that withdraws the employees of the district from the employee relations system of the principal county or that city. A district in which the employees of the district are subject to the employee relations system of the principal county or that city shall receive employee relations services at cost from the county or city. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  73. 5786.21.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    If the county board of supervisors is also the district board and the county has a civil service system, county and district employees may be certified to transfer between county and district positions, and eligible persons may take promotional exams for both.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.21. If a county board of supervisors has appointed itself as the board of directors and the county has by ordinance provided a civil service system: (a) A county employee holding a classified civil service position for which eligibility has been established by a competitive examination and certification, and which is similar in grade or class to a district position, shall, at the district’s request, be certified by the county civil service commission as being eligible to transfer to and hold that position in the district with the same status and without further examination. (b) A district employee holding a classified civil service position for which eligibility has been established by a competitive examination and certification, and that is similar in grade or class to a county position, shall, at the county’s request, be certified by the county civil service commission as being eligible to transfer to and hold that position in the county with the same status and without further examination. (c) Any person entitled to participate in promotional examinations for classified civil service positions in either the county or the district shall be entitled to participate in promotional examinations for classified civil service positions for both the county and the district, pursuant to the civil service commission’s rules, and to be certified for those positions by the county civil service commission or board of supervisors, and to be appointed to those positions. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  74. 5786.23.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    For covered districts, the board of directors must set district employee pay at the same level as county employees are paid for the same work.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.23. (a) This section shall apply only to a district where all of the following apply: (1) The county board of supervisors has appointed itself as the board of directors. (2) The county has by ordinance provided a civil service system. (3) The county operates under a freeholders’ charter that requires that in the fixing of salaries or wages for county employees subject to the county’s civil service system, the board of supervisors shall provide a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons under similar employment, if the prevailing salary or wage can be ascertained. (b) In fixing the salary or wage for district employees subject to the county’s civil service system, the board of directors shall provide a salary or wage equal to the salary or wage paid to county employees for the same quality of service. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  75. 5786.25.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A board of directors may require an employee or officer to be bonded, and the district must pay the bond cost.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.25. A board of directors may require any employee or officer to be bonded. The district shall pay the cost of the bonds. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  76. 5786.27.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A board of directors may provide programs for the benefit of its employees and board members.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.27. A board of directors may provide for any programs for the benefit of its employees and members of the board of directors pursuant to Chapter 2 (commencing with Section 53200) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  77. 5786.29.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A district may let board members and employees attend professional or vocational meetings and may pay their actual and necessary travel and incidental expenses when they are on official business.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.29. A district may authorize the members of its board of directors and its employees to attend professional or vocational meetings and pay their actual and necessary traveling and incidental expenses while on official business. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  78. 5786.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A district must follow specified Government Code articles when acquiring, improving, or using real property.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.3. When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, and Article 7 (commencing with Section 65400) of Chapter 1 of Division 1 of Title 7 of the Government Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  79. 5786.31.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    If a district or zone boundary changes, the district must comply with the specified Government Code chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.31. Whenever the boundaries of a district or a zone change, the district shall comply with Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2005, Ch. 158, Sec. 29.1. Effective January 1, 2006.)
  80. 5786.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

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    This section limits when a district can use eminent domain and sets notice, approval, ballot, and petition steps.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.5. (a) If a district was formed without the power of eminent domain, the district shall not exercise eminent domain to acquire any real or personal property, except as provided by subdivision (d). (b) If a district was formed with the power to acquire any real or personal property by eminent domain within the boundaries of the district, the district shall comply with the requirements of the Eminent Domain Law, Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure. (c) In addition to the requirements imposed by subdivision (b), before a district may exercise the power of eminent domain, it shall first obtain the approval of the city council if the property is located in incorporated territory or the county board of supervisors if the property is located in unincorporated territory. The district shall notify the property owner of the district’s request to the city council or county board of supervisors. The district shall mail the notice to the property owner at least 20 days before the date on which the city council or county board of supervisors will act on the district’s request. (d) (1) If a district was formed with the power to acquire real or personal property by the power of eminent domain, it shall not exercise that power if a majority of the voters voting upon the question are in favor of the question at a general district or special election. If a district was formed without the power to acquire real or personal property by the power of eminent domain, it may exercise that power if a majority of the voters voting upon the question are in favor of the question at a general district or special election. (2) The board of directors may adopt a resolution placing the question on the ballot. Alternatively, upon receipt of a petition signed by at least 25 percent of the registered voters of the district, the board of directors shall adopt a resolution placing the question on the ballot. (3) If the question is submitted to the voters at a general district election, the notice required by Section 12112 of the Elections Code shall contain a statement of the question to appear on the ballot. If the question is submitted to the voters at a special election, the notice of election and ballot shall contain a statement of the question. (4) Before circulating any petition pursuant to this subdivision, the proponents shall publish a notice of intention which shall include a written statement not to exceed 500 words in length, setting forth the reasons for the proposal. The notice shall be published pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation within the district. If the district is located in more than one county, publication of the notice shall be made in at least one newspaper of general circulation in each county. (5) The notice shall be signed by at least one, but not more than three, proponents and shall be in substantially the following form: ## “Notice of Intent to Circulate Petition Notice is hereby given of the intention to circulate a petition affecting power of eminent domain of the ______ (name of the district). The petition proposes that ______ (description of the proposal).” (6) Within five days after the date of publication, the proponents shall file with the secretary of the board of directors a copy of the notice together with an affidavit made by a representative of the newspaper in which the notice was published certifying to the fact of publication. After the filing, the petition may be circulated for signatures. (7) Sections 100 and 104 of the Elections Code shall govern the signing of the petition and the format of the petition. A petition may consist of a single instrument or separate counterparts. The proponents shall file the petition, together with all counterparts, with the secretary of the board of directors. The secretary shall not accept a petition for filing unless the signatures have been secured within six months of the date on which the first signature was obtained and the proponents submitted the petition to the secretary for filing within 60 days after the last signature was obtained. (8) Within 30 days after the date of filing a petition, the secretary of the board of directors shall cause the petition to be examined by the county elections official, in accordance with Sections 9113 to 9115, inclusive, of the Elections Code, and shall prepare a certificate of sufficiency indicating whether the petition is signed by the requisite number of signers. (9) If the certificate of the secretary shows the petition to be insufficient, the secretary shall immediately give notice by certified mail of the insufficiency to the proponents. That mailed notice shall state in what amount the petition is insufficient. Within 15 days after the date of the notice of insufficiency, the proponents may file with the secretary a supplemental petition bearing additional signatures. (10) Within 10 days after the date of filing a supplemental petition, the secretary shall examine the supplemental petition and certify the results in writing of his or her examination. (11) The secretary shall sign and date a certificate of sufficiency. That certificate shall also state the minimum signature requirements for a sufficient petition and show the results of the secretary’s examination. The secretary shall mail a copy of the certificate of sufficiency to the proponents. (12) Once the proponents have filed a sufficient petition, the board of directors shall adopt the resolution required by paragraph (2). (Amended by Stats. 2006, Ch. 588, Sec. 19. Effective January 1, 2007.)
  81. 5786.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

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    Several named recreation and park districts are given specific powers, including utilities, street lighting, fire protection, and cemetery district functions, subject to stated voter or approval conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.7. Notwithstanding any other provision of law: (a) If a majority of the voters voting on the question at a general district or special district election are in favor, the Parker Dam Recreation and Park District may do all of the following: (1) Purchase or lease electric power from any public agency or private entity for use within the district’s boundaries. (2) Acquire water and water rights and do any act necessary to furnish sufficient water for beneficial use within the district’s boundaries. (3) Sell, dispose of, and distribute water and electric power for use within the district’s boundaries. (4) Provide street lighting facilities and services. (b) Provided that the authority to exercise these powers is approved by the local agency formation commission and conforms to Article XIII C of the California Constitution, the Camp Meeker Recreation and Park District may exercise the powers of a county water district pursuant to: (1) Article 1 (commencing with Section 31000) to Article 9 (commencing with Section 31100), inclusive, of Part 5 of Division 12 of the Water Code. (2) Part 6 (commencing with Section 31300) of Division 12 of the Water Code. (3) Part 7 (commencing with Section 31650) of Division 12 of the Water Code. (c) The Coachella Valley Recreation and Park District and the Hesperia Recreation and Park District may provide street lighting facilities and services. (d) The Lucerne Recreation and Park District may exercise any of the powers, functions, and duties of a fire protection district pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code. (e) Upon approval of the Siskiyou Local Agency Formation Commission pursuant to Section 56824.14 of the Government Code, the Weed Recreation and Parks District may exercise any of the powers, functions, and duties of a cemetery district pursuant to the Public Cemetery District Law of 2003, Part 4 (commencing with Section 9000) of Division 8 of the Health and Safety Code. (Amended by Stats. 2019, Ch. 329, Sec. 17. (SB 780) Effective January 1, 2020.)
  82. 5786.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. )

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    A district has perpetual succession. Its board may change the district name by a four-fifths vote, but not to a living individual’s name, and must file the resolution copy within 10 days. The district may also destroy records under the cited Government Code chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 7. Powers and Duties [5786 - 5786.31] ( Article 7 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5786.9. (a) A district shall have perpetual succession. (b) A board of directors may, by a four-fifths vote of its total membership, adopt a resolution to change the name of the district. The resolution shall comply with the requirements of Chapter 23 (commencing with Section 7530) of Division 7 of Title 1 of the Government Code. The board of directors shall not change the name of the district to the name of any living individual. Within 10 days of its adoption, the board of directors shall file a copy of its resolution with the Secretary of State, the county clerk, the board of supervisors, and the local agency formation commission of each county in which the district is located. (c) A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Amended by Stats. 2005, Ch. 158, Sec. 29. Effective January 1, 2006.)
  83. 5787.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 8. Elections [5787 - 5787.3] ( Article 8 added by Stats. 2001, Ch. 15, Sec. 4. )

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    Districts are generally subject to the Uniform District Election Law, unless this chapter says otherwise.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 8. Elections [5787 - 5787.3] ( Article 8 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5787. Except as otherwise provided in this chapter, districts are subject to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of the Elections Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  84. 5787.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 8. Elections [5787 - 5787.3] ( Article 8 added by Stats. 2001, Ch. 15, Sec. 4. )

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    A board of directors may require that board member elections be held on the same day as the statewide general election.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 8. Elections [5787 - 5787.3] ( Article 8 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5787.1. A board of directors may require that the election of members to the board of directors shall be held on the same day as the statewide general election pursuant to Section 10404 of the Elections Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  85. 5787.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 8. Elections [5787 - 5787.3] ( Article 8 added by Stats. 2001, Ch. 15, Sec. 4. )

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    If formation fails, the county or counties must pay the election expenses; if formation passes, the district must reimburse the county or counties from its first collected money; other election expenses are charged to the district.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 8. Elections [5787 - 5787.3] ( Article 8 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5787.3. If the proposition on the question of formation fails, the county or counties shall pay the expenses of the election. If the proposition on the question of formation passes, the expense shall be a charge against the district and repaid to the county or counties from the first moneys collected by the district. The expense of all other elections shall be a charge against the district. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  86. 5788.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

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    The board of directors must adopt a preliminary budget by July 1 each year.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788. On or before July 1 of each year, the board of directors shall adopt a preliminary budget that shall conform to the accounting and budgeting procedures for special districts contained in Subchapter 3 (commencing with Section 1031.1) of, and Article 1 (commencing with Section 1121) of Subchapter 4 of Division 2 of Title 2 of the California Code of Regulations. The board of directors may divide the preliminary budget into categories, including, but not limited to: (a) Maintenance and operation. (b) Employee compensation. (c) Capital outlay. (d) Interest and redemption for indebtedness. (e) Restricted reserve for capital outlay. (f) Restricted reserve for contingencies. (g) Unallocated general reserve. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  87. 5788.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

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    The board of directors must publish an annual budget notice by July 1 and publish it again at least two weeks before the hearing in a newspaper of general circulation in the district.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.1. (a) On or before July 1 of each year, the board of directors shall publish a notice stating all of the following: (1) That it has adopted a preliminary budget that is available for inspection at a time and place within the district specified in the notice. (2) The date, time, and place when the board of directors will meet to adopt the final budget and that any person may appear and be heard regarding any item in the budget or regarding the addition of other items. (b) The board of directors shall publish the notice at least two weeks before the hearing in at least one newspaper of general circulation in the district pursuant to Section 6061 of the Government Code. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  88. 5788.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

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    The board of directors must adopt a resolution establishing its appropriations limit and make other necessary determinations by July 1 each year.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.11. On or before July 1 of each year, the board of directors shall adopt a resolution establishing its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIII B of the California Constitution and Division 9 (commencing with Section 7900) of Title 1 of the Government Code. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  89. 5788.13.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

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    A county auditor must allocate a district’s share of property tax revenue to the district under the referenced Revenue and Taxation Code chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.13. The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  90. 5788.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

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    A city council may order a transfer of funds to a district, and the city must file the resolution while the county auditor computes an effective tax rate reduction.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.15. On or before July 1 of any year, the city council of a city which is located wholly or partially within a district may adopt a resolution ordering the transfer of funds from the city to the district in an amount equal to the entire or partial amount of property tax revenue that would have been allocated to the district from the territory that is located both in the city and the district. The city shall file certified copies of its resolution with the district and the county auditor. Pursuant to Section 96.8 of the Revenue and Taxation Code, the county auditor shall compute and implement an effective tax rate reduction. A city’s decision to pay funds to a district in lieu of property tax revenues is effective only for the fiscal year for which it is made. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  91. 5788.17.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

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    A district may accept money, goods, services, grants, or other revenue from public agencies or any person for a lawful district purpose, and may also borrow money and incur indebtedness under specified Government Code articles.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.17. (a) A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful purpose of the district. (b) In addition to any other existing authority, a district may borrow money and incur indebtedness pursuant to Article 7 (commencing with Section 53820), Article 7.4 (commencing with Section 53835), Article 7.5 (commencing with Section 53840), Article 7.6 (commencing with Section 53850), and Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2010, Ch. 699, Sec. 35.5. (SB 894) Effective January 1, 2011.)
  92. 5788.19.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A local agency may loan its available funds to a district.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.19. A local agency may loan any of its available funds to a district. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  93. 5788.21.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

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    A district may borrow or contract to buy necessary real property, but its indebtedness is capped, must be repaid within 10 years, must bear no more than the permitted interest rate, and must be approved and documented by the board of directors.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.21. (a) A district may acquire any necessary real property by borrowing money or purchasing on contract pursuant to this section. That indebtedness shall be in addition to any bonded indebtedness authorized by the voters. (b) The amount of indebtedness shall not exceed an amount equal to two times the actual income from property tax revenues received pursuant to Section 5788.13 for the fiscal year preceding the year in which the indebtedness is incurred. Any indebtedness shall be repaid within 10 years from the date on which it is incurred. An indebtedness shall bear interest at a rate which shall not exceed the rate permitted under Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. (c) Each indebtedness shall be authorized by a resolution adopted by a four-fifths vote of the total membership of the board of directors and shall be evidenced by a promissory note or contract signed by the chair and the secretary or the clerk of the board of directors. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  94. 5788.23.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    Claims against a district must be audited, allowed, and paid by the board of directors, unless the board uses the county auditor process; the treasurer must pay warrants in order and handle unpaid warrants as specified.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.23. (a) All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. (b) All claims against a district shall be audited, allowed, and paid by the board of directors by warrants drawn on the treasurer. (c) As an alternative to subdivision (b), the board of directors may instruct the county auditor to audit, allow, and draw his or her warrant on the county treasurer for all legal claims presented to him or her and authorized by the board of directors. (d) The treasurer shall pay the warrants in the order in which they are presented. (e) If a warrant is presented for payment and the treasurer cannot pay it for want of funds in the account on which it is drawn, the treasurer shall endorse the warrant, “NOT PAID BECAUSE OF INSUFFICIENT FUNDS” and sign his or her name and the date and time the warrant was presented. From that time until it is paid, the warrant bears interest at the maximum rate permitted pursuant to Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  95. 5788.25.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The board of directors must arrange regular audits of the district’s accounts and records, and must arrange annual financial reports to the Controller.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.25. (a) The board of directors shall provide for regular audits of the district’s accounts and records pursuant to Section 26909 of the Government Code. (b) The board of directors shall provide for the annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  96. 5788.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    At the budget meeting, any person may appear and be heard, and the budget hearing may be continued from time to time.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.3. At the time and place specified for the meeting, any person may appear and be heard regarding any item in the budget or regarding the addition of other items. The hearing on the budget may be continued from time to time. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  97. 5788.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The board of directors must adopt a final budget by August 30 each year and send a copy to each county auditor where the district is located.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.5. On or before August 30 of each year, after making any changes in the preliminary budget, the board of directors shall adopt a final budget. The board of directors shall forward a copy of the final budget to the auditor of each county in which the district is located. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  98. 5788.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The board of directors may adopt a budget-amending resolution and move funds between categories at certain meetings, but not from the two restricted reserve funds.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.7. At any regular meeting or properly noticed special meeting after the adoption of its final budget, the board of directors may adopt a resolution amending the budget and ordering the transfer of funds between categories, other than transfers from the restricted reserve for capital outlay and the restricted reserve for contingencies. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  99. 5788.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The board of directors may create restricted reserves in its annual budget, but if it does, it must state the exclusive spending purposes and use the reserve funds only for those purposes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 9. Finance [5788 - 5788.25] ( Article 9 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5788.9. (a) In its annual budget, the board of directors may establish a restricted reserve for capital outlay and a restricted reserve for contingencies. When the board of directors establishes a restricted reserve, it shall declare the exclusive purposes for which the funds in the reserve may be spent. The funds in the restricted reserve shall be spent only for the exclusive purposes for which the board of directors established the restricted reserve. The reserves shall be maintained according to generally accepted accounting principles. (b) Any time after the establishment of a restricted reserve, the board of directors may transfer any funds to that restricted reserve. (c) If the board of directors finds that the funds in a restricted reserve are no longer required for the purpose for which the restricted reserve was established, the board of directors may, by a four-fifths vote of the total membership of the board of directors, discontinue the restricted reserve or transfer any funds that are no longer required from the restricted reserve to the district’s general fund. (Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  100. 5789.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 10. Alternative Revenues [5789 - 5789.5] ( Article 10 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A board of directors may raise revenues if it determines district revenue is inadequate to cover the costs of facilities, programs, and services.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 10. Alternative Revenues [5789 - 5789.5] ( Article 10 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5789. Whenever a board of directors determines that the amount of revenue available to the district or any of its zones is inadequate to meet the costs of providing facilities, programs, and services pursuant to Section 5786, the board of directors may raise revenues pursuant to this article or any other provision of law. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  101. 5789.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 10. Alternative Revenues [5789 - 5789.5] ( Article 10 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A district may levy special taxes under the listed state laws, and those taxes must be applied uniformly, with unimproved property allowed a lower rate than improved property.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 10. Alternative Revenues [5789 - 5789.5] ( Article 10 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5789.1. A district may levy special taxes pursuant to: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property. (b) The Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  102. 5789.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 10. Alternative Revenues [5789 - 5789.5] ( Article 10 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A district may levy special benefit assessments to finance capital improvements if it follows Article XIII D of the California Constitution.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 10. Alternative Revenues [5789 - 5789.5] ( Article 10 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5789.3. A district may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance capital improvements, including, but not limited to, special benefit assessments levied pursuant to: (a) The Improvement Act of 1911, Division 7 (commencing with Section 5000) of the Streets and Highways Code. (b) The Improvement Bond Act of 1915, Division 15 (commencing with Section 8500) of the Streets and Highways Code. (c) The Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code. (d) The Landscaping and Lighting Assessment Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code. (e) Any other statutory authorization enacted in the future. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  103. 5789.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 10. Alternative Revenues [5789 - 5789.5] ( Article 10 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A board of directors may charge fees for district services or enforcement costs, but fees cannot exceed reasonably borne costs.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 10. Alternative Revenues [5789 - 5789.5] ( Article 10 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5789.5. (a) A board of directors may charge a fee to cover the cost of any service which the district provides or the cost of enforcing any regulation for which the fee is charged. No fee shall exceed the costs reasonably borne by the district in providing the service or enforcing the regulation for which the fee is charged. (b) Before imposing or increasing any fee for property-related services, a board of directors shall follow the procedures in Section 6 of Article XIII D of the California Constitution. (c) A board of directors may charge residents or taxpayers of the district a fee authorized by this section which is less than the fee which it charges to nonresidents or nontaxpayers of the district. (d) A board of directors may authorize district employees to waive the payment, in whole or in part, of a fee authorized by this section when the board of directors determines that payment would not be in the public interest. Before authorizing any waiver, a board of directors shall adopt a resolution which specifies the policies and procedures governing waivers. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  104. 5790.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A board of directors must adopt a resolution and call an election before incurring certain general obligation bonded indebtedness, and the bond amount cannot exceed the amount stated in the election resolution.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790. (a) Whenever a board of directors determines that it is necessary to incur a general obligation bonded indebtedness for the acquisition or improvement of real property or for funding or refunding of any outstanding indebtedness, the board of directors shall adopt a resolution making determinations and calling an election on a proposition to incur indebtedness. (b) The amount of the bonds to be issued shall not exceed the amount specified in the resolution calling the election. (c) A district shall not incur bonded indebtedness that exceeds 10 percent of the assessed value of all taxable property in the district at the time the bonds are issued. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  105. 5790.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A resolution for proposed general obligation bonds must state the bond purpose, amount, maximum term, interest rate cap, voter measure, election date, and any other required matters.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790.1. The resolution shall state: (a) The purpose for which the proposed debt is to be incurred, which may include expenses for the authorization, issuance, and sale of bonds. (b) The amount of the debt to be incurred. (c) The maximum term of the bonds, not to exceed 30 years. (d) The maximum rate of interest to be paid, not to exceed the maximum rate permitted pursuant to Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. (e) The measure to be submitted to the voters. (f) The date the election will be held. (g) Any other matters that are required pursuant to Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. (h) Any other matters that are required pursuant to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of the Elections Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  106. 5790.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    Bond sale premiums and accrued interest must go into a special bond service fund, and the remaining bond proceeds must be used only for the voter-approved purposes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790.11. (a) All premiums and accrued interest received from the sale of the bonds shall be deposited with the treasurer in a special bond service fund to be used for the payment of the principal of and interest on the bonds, and the remainder of the proceeds of the bonds shall be placed to the credit of the proper improvement fund and applied exclusively to the purposes stated in the proposition approved by the voters. (b) When the purpose has been accomplished, any moneys remaining in the improvement fund shall be transferred to the special bond fund. When the purpose has been accomplished and all principal and interest on the bonds have been paid, any balance of money then remaining shall be transferred to the district’s general fund. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  107. 5790.13.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    For bonds approved by voters on or after January 1, 2001, the treasurer must file the required annual report.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790.13. For any bond approved by the voters on or after January 1, 2001, the treasurer shall file the annual report required pursuant to Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  108. 5790.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The board of directors must adopt a resolution directing the county tax collector to levy a tax after general obligation debt is incurred, and keep doing so annually until the debt is paid or enough money is set aside in the special bond service fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790.15. (a) After incurring a general obligation indebtedness, and annually thereafter until the indebtedness is paid or until there is a sum in the district treasury in a special bond service fund set apart for that purpose that is sufficient to meet all payments of principal and interest on that indebtedness as it becomes due, the board of directors shall adopt a resolution directing the county tax collector to levy a tax on behalf of the district. (b) The tax shall be in addition to all other taxes levied by and for the district and shall be collected in the same manner and at the same time as county taxes. A county may recover its costs as provided in Section 29142 of the Government Code. (c) The rate of the tax shall be fixed to result in proceeds that are sufficient to pay any principal and interest that will become due before the next proceeds of a tax to be levied will be available. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  109. 5790.17.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    If a district dissolves after taking on general obligation debt, the property in the former district remains taxable until the debt is paid.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790.17. If a district dissolves after incurring a general obligation indebtedness, the property in the territory that constituted the district at the time of its dissolution shall continue to be subject to tax sufficient to pay any principal, interest, and any other amounts owning on account of that obligation, as they become due. Any order of dissolution pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Part 1 (commencing with Section 56000) of Division 3 of Title 5 of the Government Code shall impose that obligation. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  110. 5790.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The election must follow the Uniform District Election Law, and the board of directors may incur indebtedness and issue bonds if two-thirds of voting voters support the proposition.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790.3. (a) The election shall be conducted pursuant to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of the Elections Code. (b) If two-thirds of the voters voting on the proposition favor incurring the indebtedness and issuing the bonds, the board of directors may incur the indebtedness and issue the bonds. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  111. 5790.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The board of directors may issue bonds within voter-approved limits and must adopt a resolution setting bond form, denomination, and payment dates.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790.5. (a) The board of directors may provide for the issuance of bonds in any amounts, in any series, and on any terms, provided that they do not exceed the limits approved by the voters. (b) The board of directors shall adopt a resolution prescribing the form and denomination of the bonds. The resolution shall specify the dates on which all or any part of the principal shall become due and payable. The payment of the first installment or principal may be deferred for a maximum period not to exceed five years from the date on which the board of directors issues the first bonds or first bonds in each series. (c) The bonds shall be dated, numbered consecutively, and signed by the chair of the board of directors and the treasurer. Signatures may be facsimiles and may be mechanically reproduced by any means, provided that one of the signatures shall be signed by hand. If the chair of the board of directors or the treasurer whose signature appears on a bond ceases to hold that office before the delivery of the bonds to the purchaser, the signature is nevertheless valid for all purposes connected with that bond. (d) The board of directors may provide for the call and redemption of bonds before their maturity at times and prices and upon any other terms as it specifies. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  112. 5790.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The board of directors must give public notice and invite sealed bids before selling the bonds, then award the sale to the highest responsible bidder.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790.7. (a) Before selling the bonds, the board of directors shall give notice inviting sealed bids. At a minimum, the board of directors shall publish notice at least once in a newspaper of general circulation in the district at least 10 days before the deadline for receiving the bids. (b) The board of directors shall award the sale of the bonds to the highest responsible bidder. (c) If the board of directors does not receive any bids or if it determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board of directors may reject all bids, if any, and either readvertise or sell the bonds at private sale. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  113. 5790.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    General obligation bonds issued by a district have the same force, value, and use as city bonds, and both the bonds and their interest are exempt from California taxation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 11. General Obligation Bonds [5790 - 5790.17] ( Article 11 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5790.9. Any general obligation bonds issued by a district shall have the same force, value, and use as bonds issued by a city and the bonds and interest on the bonds are exempt from all taxation within the State of California. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  114. 5791.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A board of directors may form one or more zones if it finds that doing so serves the public interest, and it must follow notice and hearing steps.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5791. (a) Whenever a board of directors determines that it is in the public interest to provide different services, to provide different levels of service, or to raise additional revenues within specific areas of the district, it may form one or more zones pursuant to this article. (b) The board of directors shall initiate proceedings for the formation of a new zone by adopting a resolution that does all of the following: (1) States that the proposal is made pursuant to this article. (2) Sets forth a description of the boundaries of the territory to be included in the zone. (3) States the different services, different levels of service, or additional revenues that the zone will provide. (4) Sets forth the methods by which those services or levels of service will be financed. (5) States the reasons for forming the zone. (6) Proposes a name or number for the zone. (c) A proposal to form a new zone may also be initiated by a petition signed by not less than 10 percent of the registered voters residing within the proposed zone. The petition shall contain all of the matters required by subdivision (b). (d) Upon the adoption of a resolution or the receipt of a valid petition, the board of directors shall fix the date, time, and place for the public hearing on the formation of the zone. The board of directors shall publish notice of the hearing, including the information required by subdivision (b), pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation in the district. The board of directors shall mail the notice at least 20 days before the date of the hearing to all owners of property within the proposed zone. The board of directors shall post the notice in at least three public places within the territory of the proposed zone. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  115. 5791.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    The board of directors must hear protests about forming a zone and must stop the proceedings if enough objections are filed; it may continue if objections are at or below 50 percent.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5791.1. (a) At the hearing, the board of directors shall hear and consider any protests to the formation of the zone. If, at the conclusion of the hearing, the board of directors determines either (1) that more than 50 percent of the total number of voters residing within the proposed zone have filed written objections to the formation or (2) that property owners who own more than 50 percent of the assessed value of all taxable property in the proposed zone have filed written objections to the formation, then the board of directors shall terminate the proceedings. If the board of directors determines that the written objections have been filed by 50 percent or less of those voters or property owners, then the board of directors may proceed to form the zone. (b) If the resolution or petition proposes that the zone use special taxes, benefit assessments, fees, or general obligation bonds to finance its purposes, the board of directors shall proceed according to law. If the voters or property owners do not approve those funding methods, the zone shall not be formed. (Amended by Stats. 2002, Ch. 76, Sec. 1. Effective January 1, 2003.)
  116. 5791.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A board of directors may change a zone’s boundaries or dissolve the zone if it follows the procedures in Sections 5791 and 5791.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5791.3. A board of directors may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 5791 and 5791.1. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  117. 5791.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A local agency formation commission has no power or duty to review or decide on proposals to form, change, or dissolve a zone.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5791.5. A local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to form a zone, a proposal to change the boundaries of a zone, or a proposal to dissolve a zone. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  118. 5791.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. )

    Verify source ↗

    A zone may provide services and exercise fiscal powers within its boundaries if the board of directors determines it can, but it cannot take on bonded debt above the stated limit.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 12. Zones [5791 - 5791.7] ( Article 12 added by Stats. 2001, Ch. 15, Sec. 4. ) ## 5791.7. (a) As determined by the board of directors, a zone may provide any service at any level within its boundaries that the district may provide. (b) As determined by the board of directors and pursuant to the requirements of this chapter, a zone may exercise any fiscal powers within its boundaries that the district may exercise. (c) Any special taxes, benefit assessments, fees, or general obligation bonds that are intended solely for the support of services within a zone shall be levied, assessed, and charged within the boundaries of the zone. (d) A zone shall not incur a bonded indebtedness that exceeds the limit specified in subdivision (c) of Section 5790. Any bonded indebtedness of the entire district shall be included in computing that limit. (Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.)
  119. 5795.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. )

    Verify source ↗

    The Lower Los Angeles River Recreation and Park District may be established, but only under this chapter and the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. A petition or resolution to establish it may not be submitted to the Los Angeles County Local Agency Formation Commission on or after January 1, 2021.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. ) ## 5795. (a) The Lower Los Angeles River Recreation and Park District may be established subject to this chapter and the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). (b) A petition or resolution to establish the district pursuant to this article and Article 3 (commencing with Section 5782) may not be submitted to the Los Angeles County Local Agency Formation Commission on or after January 1, 2021. (Amended by Stats. 2018, Ch. 453, Sec. 1. (SB 875) Effective September 17, 2018.)
  120. 5795.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. )

    Verify source ↗

    Certain city councils may each appoint one representative, and the Los Angeles County Board of Supervisors may appoint three public members to the district’s initial board.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. ) ## 5795.10. Notwithstanding Article 4 (commencing with Section 5783), the initial board of directors of the district shall consist of no more than 17 members, as follows: (a) The city council of each of the following cities may appoint one representative: (1) The City of Vernon. (2) The City of Maywood. (3) The City of Bell. (4) The City of Bell Gardens. (5) The City of Cudahy. (6) The City of South Gate. (7) The City of Lynwood. (8) The City of Compton. (9) The City of Paramount. (10) The City of Long Beach. (11) The City of Commerce. (12) The City of Downey. (13) The City of Montebello. (14) The City of Pico Rivera. (b) The Los Angeles County Board of Supervisors may appoint three public members. One of those members shall be a representative of a nonprofit organization serving the Lower Los Angeles River region. (c) A person appointed to the board of directors shall serve at the pleasure of the city council or county board of supervisors that made the appointment. (Amended by Stats. 2021, Ch. 761, Sec. 1. (SB 268) Effective January 1, 2022.)
  121. 5795.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. )

    Verify source ↗

    The board of directors may be reorganized under Article 6 starting with Section 5785.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. ) ## 5795.15. The board of directors may be reorganized pursuant to Article 6 (commencing with Section 5785). (Added by Stats. 2016, Ch. 486, Sec. 1. (SB 1374) Effective January 1, 2017.)
  122. 5795.20.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. )

    Verify source ↗

    The district must promote, support, and carry out park and open-space development and revitalization along the Lower Los Angeles River, and work in coordination with two named local entities.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. ) ## 5795.20. (a) In addition to the powers enumerated in Article 7 (commencing with Section 5786), which shall be subject to review and approval by the Los Angeles County Local Agency Formation Commission upon formation, change of organization, or reorganization under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code), and to the financing authority provided by Article 9 (commencing with Section 5788), Article 10 (commencing with Section 5789), and Article 11 (commencing with Section 5790), the district shall do all of the following: (1) Promote the development of open space and parks along the Lower Los Angeles River. (2) Identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river for the benefit and enjoyment of local communities. (3) Acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River. (b) The district shall conduct the activities specified in paragraphs (1) to (3), inclusive, of subdivision (a) in coordination with the Lower Los Angeles River Working Group established pursuant to Section 32622 and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy established pursuant to Division 22.8 (commencing with Section 32600), which have certain responsibilities regarding the Lower Los Angeles River. (Amended by Stats. 2017, Ch. 561, Sec. 205. (AB 1516) Effective January 1, 2018.)
  123. 5795.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. )

    Verify source ↗

    This section defines “district” for this article as the Lower Los Angeles River Recreation and Park District.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 13. Lower Los Angeles River Recreation and Park District [5795 - 5795.20] ( Article 13 added by Stats. 2016, Ch. 486, Sec. 1. ) ## 5795.5. For purposes of this article, “district” means the Lower Los Angeles River Recreation and Park District. (Added by Stats. 2016, Ch. 486, Sec. 1. (SB 1374) Effective January 1, 2017.)
  124. 5796.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. )

    Verify source ↗

    A petition or resolution to establish the district cannot be submitted to the Los Angeles County Local Agency Formation Commission on or after January 1, 2024.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. ) ## 5796. (a) The Lower San Gabriel River Recreation and Park District may be established subject to this chapter and the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). (b) A petition or resolution to establish the district pursuant to this article and Article 3 (commencing with Section 5782) shall not be submitted to the Los Angeles County Local Agency Formation Commission on or after January 1, 2024. (Amended by Stats. 2021, Ch. 761, Sec. 2. (SB 268) Effective January 1, 2022.)
  125. 5796.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. )

    Verify source ↗

    This section sets the size and appointment rules for the district’s initial board of directors.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. ) ## 5796.10. Notwithstanding Article 4 (commencing with Section 5783), the initial board of directors of the district shall consist of no more than 15 members, as follows: (a) The city council of each of the following cities may appoint one representative: (1) The City of Downey. (2) The City of Whittier. (3) The City of Pico Rivera. (4) The City of Norwalk. (5) The City of Santa Fe Springs. (6) The City of Artesia. (7) The City of Bellflower. (8) The City of Cerritos. (9) The City of Lakewood. (10) The City of Hawaiian Gardens. (11) The City of Long Beach. (b) The Los Angeles County Board of Supervisors may appoint two public members. These members shall reside in the Lower San Gabriel River region. (c) The executive officer of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy established pursuant to Division 22.8 (commencing with Section 32600) may serve as a member. (d) The other members of the initial board of directors may appoint one public member. This member both shall be a representative of a nonprofit organization that serves the Lower San Gabriel River region and specializes in open space public education, and outdoor activities, and shall reside in the Lower San Gabriel River region. (e) A person appointed to the board of directors pursuant to subdivision (a) or (b) shall serve at the pleasure of the city council or county board of supervisors that made the appointment. (Amended by Stats. 2021, Ch. 761, Sec. 3. (SB 268) Effective January 1, 2022.)
  126. 5796.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. )

    Verify source ↗

    The board of directors may be reorganized under Article 6 starting with Section 5785.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. ) ## 5796.15. The board of directors may be reorganized pursuant to Article 6 (commencing with Section 5785). (Added by Stats. 2017, Ch. 466, Sec. 1. (SB 693) Effective January 1, 2018.)
  127. 5796.20.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. )

    Verify source ↗

    The district must promote, fund, develop, improve, maintain, and operate parks and open space along the Lower San Gabriel River, and coordinate those activities with the named conservancy.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. ) ## 5796.20. (a) In addition to the powers enumerated in Article 7 (commencing with Section 5786), which shall be subject to review and approval by the Los Angeles County Local Agency Formation Commission upon formation, change of organization, or reorganization under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code), and to the financing authority provided by Article 9 (commencing with Section 5788), Article 10 (commencing with Section 5789), and Article 11 (commencing with Section 5790), the district shall do all of the following: (1) Promote the development of open space and parks along the Lower San Gabriel River. (2) Identify funding and resources to promote the revitalization of the Lower San Gabriel River and open spaces along the river for the benefit and enjoyment of local communities. (3) Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River. (b) The district shall conduct the activities specified in paragraphs (1) to (3), inclusive, of subdivision (a) in coordination with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy established pursuant to Division 22.8 (commencing with Section 32600), which has certain responsibilities regarding the Lower San Gabriel River. (Amended by Stats. 2021, Ch. 761, Sec. 4. (SB 268) Effective January 1, 2022.)
  128. 5796.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. )

    Verify source ↗

    In this article, “district” means the Lower San Gabriel River Recreation and Park District.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 4. Recreation and Park Districts [5780 - 5796.20] ( Chapter 4 repealed and added by Stats. 2001, Ch. 15, Sec. 4. ) ## ARTICLE 14. Lower San Gabriel River Recreation and Park District [5796 - 5796.20] ( Article 14 added by Stats. 2017, Ch. 466, Sec. 1. ) ## 5796.5. For purposes of this article, “district” means the Lower San Gabriel River Recreation and Park District. (Added by Stats. 2017, Ch. 466, Sec. 1. (SB 693) Effective January 1, 2018.)
  129. 5797.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. )

    Verify source ↗

    This section defines “County,” “Department,” and “Glen Helen Regional Park property” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. ) ## 5797. For purposes of this chapter, the following definitions apply: (a) “County” means the County of San Bernardino. (b) “Department” means the Department of Parks and Recreation. (c) “Glen Helen Regional Park property” means the 4.2 acres of property at Glen Helen Regional Park to be disposed of by the County of San Bernardino pursuant to subdivision (a) of Section 5797.4. (Added by Stats. 2025, Ch. 259, Sec. 1. (AB 385) Effective January 1, 2026. Conditionally inoperative on January 1, 2029, pursuant to Section 5797.8.)
  130. 5797.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. )

    Verify source ↗

    The Legislature says this chapter’s property disposition and replacement park property acquisition are intended to increase recreational opportunities in the county.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. ) ## 5797.2. It is the intent of the Legislature that the disposition of property at Glen Helen Regional Park and the acquisition of replacement park property of equal or greater recreational value authorized pursuant to this chapter is for the purpose of increasing recreational opportunities in the county. (Added by Stats. 2025, Ch. 259, Sec. 1. (AB 385) Effective January 1, 2026. Conditionally inoperative on January 1, 2029, pursuant to Section 5797.8.)
  131. 5797.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. )

    Verify source ↗

    The county may dispose of up to 4.2 acres at Glen Helen Regional Park if it meets the listed replacement-property, appraisal, reporting, and agreement requirements.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. ) ## 5797.4. (a) Notwithstanding any other law, the county, acting through its Regional Parks Department, may dispose up to 4.2 acres of property at Glen Helen Regional Park. The property to be disposed may include property used or unused for park purposes, including land acquired or improved with state grant moneys, including, but not limited to, grant moneys from the Roberti-Z’Berg-Harris Urban Open-Space and Recreation Program Act established in Chapter 3.2 (commencing with Section 5620), subject to acquisition of replacement park property of equal or greater recreational value, as approved by the department, and at no cost to the state or the county, if all of the following requirements are met: (1) The county obtains an independent appraisal of the fair market value of the Glen Helen Regional Park property, as approved by the department, and submits the appraisal to the department on or before July 1, 2026. (2) (A) The county submits a plan identifying the proposed replacement property to the department on or before January 1, 2027. (B) The county obtains an independent appraisal of the fair market value of the proposed replacement park property to be acquired, as approved by the department, and submits the appraisal to the department on or before July 1, 2027. (3) The fair market value of the proposed replacement park property is equal to or greater than the highest of the following: (A) The fair market value of the Glen Helen Regional Park property. (B) The actual sales price of the Glen Helen Regional Park property. If the disposition is an exchange of property, then only subparagraph (A) shall apply. (4) The recreational utility to the public of the proposed replacement park property is equal to or greater than that of the Glen Helen Regional Park property, as approved by the department. (5) On or before January 1, 2028, the county provides the department with all of the following: (A) Preliminary title reports that set forth all liens, encumbrances, easements, restrictions, conditions, exceptions, and other matters of record affecting title to the Glen Helen Regional Park property and the proposed replacement park property. (B) A written environmental site assessment on the proposed replacement park property that describes the presence, absence, and nature of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property. (C) A written attestation from the county regarding the presence and nature of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property, including whether the county objects to those hazardous substances, environmental problems, faults, defects, or violations. (D) A written feasibility study that evaluates the suitability of the proposed replacement park property for public recreation. (E) A complete and detailed list of the “permitted exceptions” listed in the preliminary title reports for the Glen Helen Regional Park property and the proposed replacement park property that the county and current owner of the proposed replacement park property have agreed on. (F) A complete and detailed list of all rights, liens, mortgages, and bonds that remain in force against both the Glen Helen Regional Park property and the proposed replacement park property, and the details of all agreements between the county and the current owner of the proposed replacement park property regarding the nature, payment, or retirement of those rights, liens, mortgages, and bonds. (6) On or before July 1, 2028, and before the county disposes of the Glen Helen Regional Park property, the county provides the department with final title reports that set forth all liens, encumbrances, easements, restrictions, conditions, exceptions, and other matters of record, including a detailed list of the “permitted exceptions” listed in the final title reports that the county and current owner of the replacement park property have agreed on, that affect title to the Glen Helen Regional Park property or the proposed replacement park property. (7) On or before July 1, 2028, and before the county’s acquisition of the proposed replacement park property, the county provides the department with a detailed written report of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property that have been corrected and a list of all those hazardous substances, environmental problems, faults, defects, or violations that have not been corrected. (8) Upon the requirements of paragraphs (1) to (7), inclusive, being met, and before the county disposes of the Glen Helen Regional Park property, the county enters into a final written agreement with the department, approved by the department, to transfer all of the county’s responsibilities and obligations pursuant to any grant contract applicable to the Glen Helen Regional Park property to the proposed replacement park property in perpetuity. (b) Property acquired pursuant to subdivision (a) shall be used for park purposes and shall be subject to all applicable state law requirements, including, if applicable, the requirements of the Roberti-Z’Berg-Harris Urban Open-Space and Recreation Program Act established in Chapter 3.2 (commencing with Section 5620). (c) Replacement park property, as approved by the department pursuant to subdivision (a), shall be acquired either before or concurrently with the disposition of Glen Helen Regional Park property. (Added by Stats. 2025, Ch. 259, Sec. 1. (AB 385) Effective January 1, 2026. Conditionally inoperative on January 1, 2029, pursuant to Section 5797.8.)
  132. 5797.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. )

    Verify source ↗

    Land exchanged for Glen Helen Regional Park property must meet replacement-park standards: comparable recreational and open-space characteristics, equal or greater size, accessible to the same general population, and replacement facilities of the same type and number, with substantially equivalent development costs.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. ) ## 5797.6. Consistent with this chapter, any land exchanged for property at Glen Helen Regional Park pursuant to Section 5797.4 shall satisfy all of the following: (a) Be replacement park property of comparable recreational and open space characteristics and of equal or greater size. (b) Be located in an area accessible for use by the same general population that used the disposed property. (c) Include replacement facilities of the same type and number, as applicable, with development costs for the replacement property and facilities being substantially equivalent to the value of the disposed property. This subdivision shall not be construed to require the replacement property to include a residential building. (Added by Stats. 2025, Ch. 259, Sec. 1. (AB 385) Effective January 1, 2026. Conditionally inoperative on January 1, 2029, pursuant to Section 5797.8.)
  133. 5797.8.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. )

    Verify source ↗

    If the county does not acquire approved replacement park property by January 1, 2029, this chapter becomes inoperative.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 5. Glen Helen Regional Park Property [5797 - 5797.8] ( Chapter 5 added by Stats. 2025, Ch. 259, Sec. 1. ) ## 5797.8. If the county has not acquired replacement park property, as approved by the department pursuant to this chapter, on or before January 1, 2029, this chapter shall become inoperative on January 1, 2029. (Added by Stats. 2025, Ch. 259, Sec. 1. (AB 385) Effective January 1, 2026.)
  134. 5800.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. )

    Verify source ↗

    This chapter defines “public entity” to mean a county, city, or public district.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. ) ## 5800. As used in this chapter “public entity” means any county, city, or public district. (Added by Stats. 1972, Ch. 127.)
  135. 5801.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. )

    Verify source ↗

    A public entity may not sell land held for watershed protection unless it complies with this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. ) ## 5801. Whenever any public entity acquires, or has acquired, land for the purpose of watershed protection, it shall not sell such land without complying with the provisions of this chapter. As used in this section, “land” does not include easements. (Added by Stats. 1972, Ch. 127.)
  136. 5802.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. )

    Verify source ↗

    A public entity’s sale of land described in Section 5801 must first be approved by ordinance, unless Section 5803 applies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. ) ## 5802. Except as provided in Section 5803, all sales by a public entity of land described in Section 5801 shall first be approved by ordinance which shall state that it is subject to the provisions for referendum applicable to such public entity. Any ordinance subject to referendum under this section shall be published after adoption as required by law for ordinances of the public entity generally, or, if there be no such requirement applicable to such ordinance, then once, pursuant to the provisions of Section 6040 to 6044, inclusive, of the Government Code, within 15 days after the adoption of such ordinance. Any petition protesting the adoption of the ordinance shall be filed with the public entity within 30 days from the date of final passage of the ordinance. (Added by Stats. 1972, Ch. 127.)
  137. 5803.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. )

    Verify source ↗

    This chapter does not apply to certain land sales or exchanges, but those sales or transfers must be approved at a public meeting of the public entity’s governing body.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. ) ## 5803. This chapter shall not apply to sales or exchanges to adjacent landowners, sales incident to land acquisitions, sales or transfers to other public entities, or sales of parcels of 10 acres or less in size, except that any such sales or transfers shall be approved at a public meeting of the governing body of the public entity. (Added by Stats. 1972, Ch. 127.)
  138. 5804.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. )

    Verify source ↗

    If a public entity lacks statutory power to enact ordinances, its governing body may introduce and enact the ordinance required by Section 5802 at a regular or adjourned regular meeting.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6. Watershed Lands [5800 - 5804] ( Chapter 6 added by Stats. 1972, Ch. 127. ) ## 5804. If a public entity does not have statutory power to enact ordinances, the governing body of such public entity is hereby empowered to introduce and enact the ordinance required by Section 5802 at any regular or adjourned regular meeting. (Added by Stats. 1972, Ch. 127.)
  139. 5808.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6.5. California Watershed Protection and Restoration Act [5808 - 5808.2] ( Chapter 6.5 added by Stats. 2003, Ch. 693, Sec. 1. )

    Verify source ↗

    This chapter is named the California Watershed Protection and Restoration Act and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6.5. California Watershed Protection and Restoration Act [5808 - 5808.2] ( Chapter 6.5 added by Stats. 2003, Ch. 693, Sec. 1. ) ## 5808. This chapter shall be known, and may be cited, as the California Watershed Protection and Restoration Act. (Added by Stats. 2003, Ch. 693, Sec. 1. Effective January 1, 2004.)
  140. 5808.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6.5. California Watershed Protection and Restoration Act [5808 - 5808.2] ( Chapter 6.5 added by Stats. 2003, Ch. 693, Sec. 1. )

    Verify source ↗

    The provision says California’s watershed restoration work is more likely to succeed through partnerships, and encourages two state agencies to provide assistance and grants in a uniform and predictable way to participants, as long as that remains consistent with other water laws.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6.5. California Watershed Protection and Restoration Act [5808 - 5808.2] ( Chapter 6.5 added by Stats. 2003, Ch. 693, Sec. 1. ) ## 5808.1. The Legislature finds and declares the following: (a) In addition to the statutory and regulatory policies and programs established pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), Division 20.4 (commencing with Section 30901), and Chapter 1.696 (commencing with Section 5096.600) of Division 5, Division 7 (commencing with Section 13000) and Division 26.5 (commencing with Section 79500) of the Water Code, and other statutes and regulations affecting watershed planning and protection, efforts to conserve, maintain, restore, protect, enhance, and utilize California’s rivers and streams for habitat, recreation, water supply, public health, economic development, and other purposes have a greater likelihood of being successful when governments, including federal and tribal governments, work in partnership with citizens in an effort to combine community resources, local initiative, and state agency support. (b) The Legislature enacted Assembly Bill 2117 of the 1999–2000 Regular Session (Ch. 735, Stats. 2000) to require the California Environmental Protection Agency and the Resources Agency to evaluate how effective voluntary, community-based, collaborative watershed efforts or partnerships are in contributing to the protection and enhancement of California’s natural resources, and what the state can do to assist them. (c) The agencies produced a Report to the Legislature: Addressing the Need to Protect California’s Watersheds—Working with Local Partnerships, April 2002. (d) The recommendations of that report form the basis and factual support for promoting and encouraging local partnerships in watershed restoration, protection, and management as one of the nonregulatory means of improving watersheds. (e) It is the intent of the Legislature that this act will bring more understanding to government agencies of the nature, scope, and complexity of working on a watershed basis at the local and regional level. (f) To the extent consistent with the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), Division 20.4 (commencing with Section 30901) and Chapter 1.696 (commencing with Section 5096.600) of Division 5, Division 7 (commencing with Section 13000) and Division 26.5 (commencing with Section 79500) of the Water Code, and other statutes and regulations affecting watershed planning and protection, the California Environmental Protection Agency and the Resources Agency are encouraged to provide assistance and grants under this chapter in a uniform and predictable manner to those who choose to participate in the important work of watershed restoration and enhancement pursuant to this chapter. (Added by Stats. 2003, Ch. 693, Sec. 1. Effective January 1, 2004.)
  141. 5808.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6.5. California Watershed Protection and Restoration Act [5808 - 5808.2] ( Chapter 6.5 added by Stats. 2003, Ch. 693, Sec. 1. )

    Verify source ↗

    The section says local watershed partnerships, and related participation and support by local governments, special districts, interested parties, and state agencies, are encouraged as part of watershed planning and restoration.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 6.5. California Watershed Protection and Restoration Act [5808 - 5808.2] ( Chapter 6.5 added by Stats. 2003, Ch. 693, Sec. 1. ) ## 5808.2. (a) In addition to the statutory and regulatory policies and programs established pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), Division 20.4 (commencing with Section 30901) and Chapter 1.696 (commencing with Section 5096.600) of Division 5, Division 7 (commencing with Section 13000) and Division 26.5 (commencing with Section 79500) of the Water Code, and other statutes and regulations affecting watershed planning and protection, voluntary local collaborative partnerships that assist in improving the condition of the watershed as expeditiously as possible are in the state’s interest in terms of effectiveness, citizen involvement, and community responsibility. (b) The use of local and regional watershed level planning and management can be an efficient and effective mechanism to improve the condition of the watershed. (c) To the extent consistent with the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), Division 20.4 (commencing with Section 30901) and Chapter 1.696 (commencing with Section 5096.600) of Division 5, Division 7 (commencing with Section 13000) and Division 26.5 (commencing with Section 79500) of the Water Code, and other statutes and regulations affecting watershed planning and protection, the memorandum of understanding required under Section 30946, guidelines adopted by state agencies for use by local watershed partnerships shall provide flexible mechanisms to achieve quantifiable, and monitored watershed objectives. (d) In addition to the statutory and regulatory policies and programs established pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), Division 20.4 (commencing with Section 30901) and Chapter 1.696 (commencing with Section 5096.600) of Division 5, Division 7 (commencing with Section 13000) and Division 26.5 (commencing with Section 79500) of the Water Code, and other statutes and regulations affecting watershed planning and protection, local governments, special districts, and other interested parties may participate in local watershed partnerships in order to ensure efficient, long-lasting, and effective watershed restoration and management and to improve the watershed. (e) To the extent funds that are available for the purposes in subdivision (d), state agencies with jurisdiction over watershed planning and protection may provide technical assistance to watershed management partnerships through training, advice, and manuals describing assessments, plans, and monitoring activities that are consistent with watershed protection laws and regulations. (Added by Stats. 2003, Ch. 693, Sec. 1. Effective January 1, 2004.)
  142. 5810.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    This chapter may be cited as the Keene-Nejedly California Wetlands Preservation Act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5810. This chapter shall be known and may be cited as the Keene-Nejedly California Wetlands Preservation Act. (Added by Stats. 1976, Ch. 462.)
  143. 5811.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    The section states California policy findings about preserving, restoring, and enhancing wetlands, and says responsible state agencies should develop and share a wetlands conservation strategy.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5811. The Legislature hereby finds and declares all of the following: (a) The remaining wetlands of this state are of increasingly critical economic, aesthetic, and scientific value to the people of California, and that the need exists for an affirmative and sustained public policy and program directed at their preservation, restoration, and enhancement, in order that wetlands shall continue in perpetuity to meet the needs of the people. (b) Although the state established a specific plan in 1979 for the protection, acquisition, restoration, preservation, and management of wetlands to be implemented through the year 2000, a need to update this plan now exists, and the process should include the identification of priorities for wetland conservation through the year 2020. (c) California has established a successful program of regional, cooperative efforts to protect, acquire, restore, preserve, and manage wetlands. These programs include, but are not limited to, the Central Valley Habitat Joint Venture, the San Francisco Bay Joint Venture, the Southern California Wetlands Recovery Project, and the Inter-Mountain West Joint Venture. These public-private partnerships, wherever practicable, shall be the primary means of achieving the objectives of this chapter. (d) Active and voluntary involvement by private landowners in wetlands conservation, restoration, and enhancement contributes significantly to the long-term availability and productivity of wetlands in the state. (e) With the passage of Propositions 12 and 13 in March 2000, the people of California have provided the state with unprecedented financial resources to acquire, restore, preserve, and manage wetlands. There is a pressing need for state agencies that are responsible for wetlands conservation to develop and disseminate a wetlands conservation strategy for review by the general public, for use by the Legislature in the annual budget process, for use by local public agencies in pursuing local and regional wetlands conservation programs, and for use by state agencies updating existing programs for acquiring, restoring, preserving, and managing wetlands resources. (Amended by Stats. 2000, Ch. 964, Sec. 1. Effective January 1, 2001.)
  144. 5812.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    This section defines “Agency” and “Departments” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5812. As used in this chapter, unless the context clearly requires a different meaning, the following terms mean: (a) “Agency” means the Resources Agency. (b) “Departments” means the Department of Parks and Recreation, the Department of Fish and Game, and the California Coastal Conservancy. (Amended by Stats. 2000, Ch. 964, Sec. 2. Effective January 1, 2001.)
  145. 5813.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    The chapter does not change existing wetlands laws or create new wetlands-fill or mitigation standards, and it does not create new obligations for private landowners or Department of Defense land. Departments may acquire lesser property interests, including development rights, if doing so serves the chapter’s purposes and the public interest in wetlands protection and restoration.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5813. (a) Nothing in this chapter abrogates or supersedes any existing local, state, or federal law or policy pertaining to wetlands, or establishes maximum or minimum standards or any other requirement for wetlands fill or mitigation. Additionally, nothing in this chapter shall be construed to create any new legal obligations for private landowners, or for lands owned by the United States Department of Defense, for wetlands inventories, wetlands management requirements, or any other regulatory requirements pertaining to wetlands use or conversion. (b) Any of the departments may acquire interests in real property less than the fee, including, but not limited to, acquisition of development rights, when it determines that acquisition of the lesser interest will accomplish the purposes of this chapter in furthering the public’s interest in the protection, preservation, restoration, and enhancement of wetlands. (Amended by Stats. 2000, Ch. 964, Sec. 3. Effective January 1, 2001.)
  146. 5814.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    The agency must update the state’s wetlands inventory resources and prepare a study, consult relevant public agencies and landowners, and submit the study to the Legislature by January 1, 2003.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5814. (a) The agency shall update all of the state’s existing wetlands inventory resources in order to prepare a study to accomplish the following goals: (1) To identify the restoration and enhancement opportunities in the state for wetlands in public ownership. (2) To identify means of protecting and enhancing existing wetlands in public ownership and to identify additional recreational benefits and opportunities that are compatible with the primary goal of maximizing the habitat value of wetlands. (3) To identify opportunities for voluntary public-private partnerships for wetlands restoration, enhancement, and management on private lands. (4) To identify those wetlands of particular significance in the state that are not currently in public ownership for which there is believed to be a willing seller. (5) To identify additional recreational benefits that can be provided on existing, restored, or newly created wetlands in public ownership or for which there is a cooperative agreement for public use by a private landowner and a local, state, or federal agency. (6) To provide a basis for the inclusion of wetlands data and information in the California Continuing Resources Investment Strategy Project (CCRISP), which was funded in the Budget Act of 2000. (7) To identify, utilizing existing resources, wetlands on lands owned by federal agencies in California and those wetlands that are protected by existing wetlands management and conservation mandates imposed by federal law. (8) To identify, in conjunction with the Office of Planning and Research, those instances where lead agencies have adopted mitigation measures pursuant to Division 13 (commencing with Section 21000), or natural community conservation plans prepared pursuant to Chapter 10 (commencing with Section 2800) of the Fish and Game Code, that utilize or reference wetland resources located on lands owned by the United States Department of Defense. (b) The agency shall consult and cooperate with counties cities, other appropriate state and federal agencies with an interest in wetlands resources, and willing landowners in conducting the study. The study shall be submitted to the Legislature not later than January 1, 2003, and shall set forth, for consideration by the Legislature, a plan for the acquisition, protection, preservation, restoration, and enhancement of wetlands, including funding requirements and the priority status of specific proposed wetlands projects. (Amended by Stats. 2000, Ch. 964, Sec. 4. Effective January 1, 2001.)
  147. 5815.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    When preparing the wetlands priority plan and program, the agency must give special weight to local agencies’ conservation, recreation, and open-space plans and programs, and, when feasible and appropriate, work out cooperative ways to plan for wetlands protection and preservation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5815. The agency, in preparing the wetlands priority plan and program pursuant to Section 5814, shall give particular recognition to the conservation, recreation, and open-space plans and programs of local agencies, and shall, wherever feasible and appropriate, identify and devise cooperative means for planning and for the protection and preservation of wetlands by local agencies. (Amended by Stats. 2000, Ch. 964, Sec. 5. Effective January 1, 2001.)
  148. 5815.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    When compiling wetlands inventory data, the agency and departments must first use existing sources. If ground surveys are needed to supplement or correct aerial and satellite imagery, they must get a private landowner’s permission before entering the property to gather information.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5815.5. In compiling data for the wetlands inventory required by Section 5814, the agency and the departments shall, as a first priority, rely on existing sources of information and data. If the agency determines that ground surveys are needed to supplement or correct aerial and satellite imagery, the agency and the department shall obtain the permission of any private landowner before entering his or her property to gather information to complete the wetlands inventory. (Added by Stats. 2000, Ch. 964, Sec. 5.5. Effective January 1, 2001.)
  149. 5816.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    The agency must give particular recognition to opportunities to protect and preserve certain wetlands.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5816. The agency shall give particular recognition to opportunities for protecting and preserving wetlands lying within, or adjacent to, existing units of the state park system or other state-owned lands protected and managed primarily as wildlife habitat. (Amended by Stats. 2000, Ch. 964, Sec. 6. Effective January 1, 2001.)
  150. 5817.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    State departments may make operating agreements with cities, counties, and districts for wetlands management, but the agreements must protect and preserve the wetlands and protect public use and enjoyment.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5817. Any of the departments may enter into operating agreements with cities, counties, and districts for the management and control of wetlands, or interests in wetlands, acquired pursuant to this chapter. However, any agreement shall ensure the protection and preservation of the wetlands and ensure the right of use and enjoyment of the wetlands by the people of the state. Further, any agreement entered into by the Department of Fish and Game pursuant to this section shall provide that public use of lands and waters subject to the agreement shall be in accordance with regulations adopted by the Fish and Game Commission. (Amended by Stats. 2000, Ch. 964, Sec. 7. Effective January 1, 2001.)
  151. 5818.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    Acquisitions made under this chapter are subject to the Property Acquisition Law.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5818. All acquisitions made pursuant to this chapter shall be subject to the Property Acquisition Law (Part 11 (commencing with Section 15850), Division 3, Title 2 of the Government Code). (Added by Stats. 1976, Ch. 462.)
  152. 5818.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. )

    Verify source ↗

    The Coastal Wetlands Fund is created in the State Treasury and administered by the Department of Fish and Game, but it is abolished effective June 30, 2024; any remaining balance, assets, liabilities, and encumbrances revert to the General Fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7. Wetlands Preservation [5810 - 5818.1] ( Chapter 7 added by Stats. 1976, Ch. 462. ) ## 5818.1. (a) The Coastal Wetlands Fund is hereby established in the State Treasury and shall be an interest-bearing fund administered by the Department of Fish and Game. (b) Effective June 30, 2024, the Coastal Wetlands Fund, established pursuant to subdivision (a), is abolished and any remaining balance, assets, liabilities, and encumbrances shall revert to the General Fund. (Amended by Stats. 2024, Ch. 72, Sec. 39. (SB 156) Effective July 2, 2024.)
  153. 5819.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. )

    Verify source ↗

    This section defines key terms used in the Sierra Nevada-Cascade Conservation Grant Program chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. ) ## 5819. Unless the context requires otherwise, the following definitions govern this chapter: (a) “Acquisition” means obtaining fee title or a lesser interest in real property, including an easement, development right, or water right. (b) “Development” includes, but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. (c) “Interpretation” includes, but is not limited to, visitor serving amenities that communicate the significance and value of natural, historical, and cultural resources in a manner that increases understanding of those resources. (d) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under paragraph (3) of subsection (c) Section 501 of Title 26 of the United States Code. (e) “Program” means the Sierra Nevada-Cascade Conservation Grant Program established pursuant to this chapter. (f) “Secretary” means the Secretary of the Resources Agency. (g) “Sierra Nevada-Cascade Mountain Region” or “region” has the meaning set forth in subdivision (e) of Section 5096.347. (Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)
  154. 5819.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. )

    Verify source ↗

    This section creates the Sierra Nevada-Cascade Conservation Grant Program in the Resources Agency and requires the secretary to administer it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. ) ## 5819.1. (a) This chapter establishes the Sierra Nevada-Cascade Conservation Grant Program in the Resources Agency. (b) The secretary shall administer the program. (c) The program applies only in the Sierra Nevada-Cascade Mountain Region. (Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)
  155. 5819.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. )

    Verify source ↗

    The secretary must administer the program within authorized funding and work with local governments and interested parties.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. ) ## 5819.2. (a) The secretary shall administer the program consistent with authorized funding, and collaborate and cooperate with local governments and interested parties. (b) The purposes of the program include all of the following: (1) Providing increased opportunities for tourism and recreation in the region. (2) Protecting water quality in the region from degradation. (3) Reducing the risk of natural disasters, such as fire, in the region. (4) Protecting, conserving, and restoring the region’s physical, cultural, archaeological, and historical resources. (5) Assisting the region’s economy, including providing increased economic opportunities. (6) Identifying the highest priority projects and initiatives in the region for which funding is needed. (7) Enhancing public use and enjoyment of land in the region that is owned by the state or a local government. (8) Supporting efforts that advance, in a complementary manner, environmental preservation of the region and the economic well-being of the region’s residents. (9) Helping to preserve working landscapes in the region. (10) Supporting local government efforts to develop and implement open space and habitat protection plans, including natural community conservation plans, in the region. (Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)
  156. 5819.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. )

    Verify source ↗

    The secretary may carry out projects and activities for the program, including grants and loans, and must work with local government and follow funding-source restrictions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. ) ## 5819.3. (a) The secretary may undertake projects and activities to further the purposes identified in Section 5819.2. Those projects and activities may include providing grants and loans to public agencies and nonprofit organizations for acquisition, restoration, development, and other activities and projects, that are necessary to meet the purposes identified in Section 5819.2. The projects and activities undertaken by the secretary, including the providing of grants and loans, shall be consistent with any restrictions related to the source of moneys that are used to fund those activities and projects. (b) In administering this chapter, the secretary shall collaborate and cooperate with the city or county in which a grant is proposed to be used or an interest in land is proposed to be acquired. (Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)
  157. 5819.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. )

    Verify source ↗

    The secretary may give grants to local public agencies, local water districts, and nonprofit organizations for certain land and water-related acquisitions in the region.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. ) ## 5819.4. To implement Section 79544 of the Water Code, the secretary may provide grants to local public agencies, local water districts, and nonprofit organizations, for acquisition in the region pursuant to this chapter and consistent with Section 79544 of the Water Code, only for the following purposes: (a) Acquiring agricultural, forest, or grazing land, or other working landscapes, to prevent conversion of that land to uses that could decrease water quality in the region and degrade habitat values, or to convert that land to uses that could improve water quality in the region and habitat. (b) Acquiring land adjacent to or affecting rivers, streams, lakes, or wetlands, that, if not protected, could lead to a decrease in water quality in the region. (c) Purchasing water rights that will protect both water quality and in stream flow, in the region, for resource protection. (d) Acquiring land that mitigates or prevents current or anticipated management practices that contribute to water quality degradation in the region. (Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)
  158. 5819.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. )

    Verify source ↗

    For certain land or water resource acquisition grants, the secretary must require the application to include a long-term management proposal, and the applicant must identify who will hold title and who will manage and protect the resource’s water quality value.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. ) ## 5819.5. The secretary shall require an applicant for a grant for land or water resource acquisition to include in the grant application a proposal for the long-term management of the resource that the applicant proposes to acquire. The applicant shall identify the entity that will hold title to the resource, including any state or federal agency to which title may be transferred after acquisition, and the entity that will be responsible for managing and protecting the water quality value of the resource. (Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)
  159. 5819.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. )

    Verify source ↗

    Any acquisition under this chapter must be from a willing seller.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. ) ## 5819.6. An acquisition made pursuant to this chapter shall be from a willing seller. (Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)
  160. 5819.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. )

    Verify source ↗

    Regulations, criteria, and procedural guides the secretary adopts to implement this chapter are exempt from Chapter 3.5 of the Government Code.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. ) ## 5819.7. All regulations, criteria, and procedural guides that the secretary adopts to implement this chapter are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)
  161. 5819.8.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. )

    Verify source ↗

    The Legislature states that any law creating a Sierra Nevada Conservancy should include a suitable transition from this chapter’s program in the Resources Agency to the new conservancy.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 7.5. Sierra Nevada-Cascade Conservation Grant Program [5819 - 5819.8] ( Chapter 7.5 added by Stats. 2004, Ch. 230, Sec. 15. ) ## 5819.8. It is the intent of the Legislature to provide in any legislation that establishes a Sierra Nevada Conservancy an appropriate transition from the program established by this chapter within the Resources Agency to the new conservancy. (Added by Stats. 2004, Ch. 230, Sec. 15. Effective August 16, 2004.)
  162. 5820.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. )

    Verify source ↗

    This chapter may be cited as the Mendocino Woodlands Outdoor Center Act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. ) ## 5820. This chapter shall be known and may be cited as the Mendocino Woodlands Outdoor Center Act. (Added by Stats. 1976, Ch. 1301.)
  163. 5821.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. )

    Verify source ↗

    The Legislature states that California needs a program to help children better understand the outdoors and natural resources, and that the Mendocino Woodlands Outdoor Center is well suited to serve as an outdoor education center under the Department of Parks and Recreation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. ) ## 5821. The Legislature finds that there is need for a program to enable the children of the state to better comprehend the outdoors, particularly the social and economic importance of the study, conservation, protection, and utilization of natural resources. The Legislature further finds that the location and facilities of the Mendocino Woodlands Outdoor Center are especially well suited to serve primarily as an outdoor education center under the control and management of the Department of Parks and Recreation, as a unit of the state park system. (Added by Stats. 1976, Ch. 1301.)
  164. 5822.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. )

    Verify source ↗

    The Legislature states that the Mendocino Woodlands Outdoor Center should be maintained, provided, and operated for the benefit of the people of California, primarily as an outdoor environmental education facility.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. ) ## 5822. The Legislature hereby declares its intent that the Mendocino Woodlands Outdoor Center, consisting of land and facilities deeded to the State of California by the United States of America for public park, recreational, and conservation purposes, shall hereafter be maintained, provided, and operated for the benefit of the people of the state, primarily as an outdoor environmental education facility. (Added by Stats. 1976, Ch. 1301.)
  165. 5823.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. )

    Verify source ↗

    This section defines three terms used in the chapter: “Department,” “Center,” and “Area.”

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. ) ## 5823. As used in this chapter, unless the context clearly requires a different meaning: (a) “Department” means the Department of Parks and Recreation. (b) “Center” means the Mendocino Woodlands Outdoor Center, consisting of 720 acres, more or less, of state-owned land and improvements located within the east half of the Northeast Quarter and the east half of the Southeast Quarter of Section 13 of the east half and southwest quarter of the Northeast Quarter and the east half and southwest quarter of the Southeast Quarter of Section 24 of T. 17 N., R. 17 W., M.D.B.M.; the north half and southwest quarter of the Northwest Quarter and the north half of the Northeast Quarter of Section 18 of, and the west half of the Northwest Quarter of Section 30 of, T. 17 N., R. 16 W., M.D.B.M. (c) “Area” means the Mendocino Woodlands Special Treatment Area within the Jackson State Forest, consisting of 2,550 acres, more or less, of state-owned lands lying within the south half of Section 12 of; the Northwest Quarter, the west half of the Northeast Quarter, the west half of the Southeast Quarter, and the Southwest Quarter of Section 13 of, the Northeast, Southeast, and Southwest Quarters of Section 14 of, the northeast quarter of the Northeast Quarter of Section 22 of, the north half of Section 23 of, the Northwest Quarter, the northwest quarter of the Northeast Quarter, and the northeast quarter of the Southwest Quarter of Section 24 of, T. 17 N., R. 17 W., M.D.B.M.; and the Southwest Quarter of Section 7 of the southeast quarter of the Northwest Quarter, the south half of the Northeast Quarter, the northwest, northeast, and southwest quarters of the Southeast Quarter and the Southwest Quarter of Section 18 of, and the Northwest Quarter and the west half of the Southwest Quarter of Section 19 of, T. 17 N., R. 16 W., M.D.B.M. (Added by Stats. 1976, Ch. 1301.)
  166. 5824.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. )

    Verify source ↗

    The center’s jurisdiction and control are transferred to the department, which must administer it as part of the state park system, while allowing timber-cutting access under the State Forester’s authority.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. ) ## 5824. Jurisdiction and control of the center, consisting of 720 acres, more or less, and all the improvements thereon as described in subdivision (b) of Section 5823 is hereby transferred to the department from the Department of Conservation, and shall be administered as a unit of the state park system; except that access shall be provided through the center to the area, as described in subdivision (c) of Section 5823, for purposes of cutting timber under the authority of the State Forester exercised pursuant to Article 3 (commencing with Section 4645) of Chapter 9 of Part 2 of Division 4, in a manner acceptable to the State Forester. It is the intent of the Legislature that title in the aforementioned lands and facilities shall continue to vest in the State of California; and if for any reason their use for the purposes of this chapter be deemed by the department no longer to be in the public interest, then they shall be restored through future legislation to the jurisdiction and control of the Department of Conservation. (Added by Stats. 1976, Ch. 1301.)
  167. 5826.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. )

    Verify source ↗

    The department must consult the Department of Education and may cooperate with people or agencies with relevant jurisdiction or expertise.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. ) ## 5826. The department shall consult with the Department of Education, and may cooperate with individuals and agencies having jurisdiction or expertise in matters pertaining to the outdoor education programs contemplated in this chapter. (Added by Stats. 1976, Ch. 1301.)
  168. 5827.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. )

    Verify source ↗

    The department may make operating agreements with qualified nonprofit entities, but it must first send the proposed agreement to the Legislative Analyst for review.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. ) ## 5827. The department may enter into operating agreements with any qualified, nonprofit entity for the provision of any program or service contemplated in this chapter. Prior to entering into any such agreement, the department shall submit a copy of the proposed agreement to the Legislative Analyst for his review and recommendations, which shall not, however, be binding. Failure of the Legislative Analyst to respond within 30 days after submission of a proposed agreement shall be deemed to constitute approval by the Legislative Analyst of the proposed agreement. (Added by Stats. 1976, Ch. 1301.)
  169. 5828.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. )

    Verify source ↗

    The department is encouraged to create an advisory committee to help develop the plan and actions under this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. ) ## 5828. The department is encouraged to establish an advisory committee of persons interested and knowledgeable in the operation and nature of the center, and in the formulation and conduct of outdoor environmental education programs, to assist it in formulating the plan and actions contemplated in this chapter. (Added by Stats. 1976, Ch. 1301.)
  170. 5829.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. )

    Verify source ↗

    Before the State Forester can authorize timber sales or cutting in the specified area, the Forester must seek and consider recommendations from the Department of Parks and Recreation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 8. Mendocino Woodlands Outdoor Center [5820 - 5829] ( Chapter 8 added by Stats. 1976, Ch. 1301. ) ## 5829. Prior to authorizing the sale and cutting of timber from the area described in subdivision (c) of Section 5823, the State Forester shall solicit and consider the recommendations of the Department of Parks and Recreation with respect to the prevention of unnecessary or unreasonable interruption or loss of facilities or resources essential to center operations. (Added by Stats. 1976, Ch. 1301.)
  171. 5830.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. )

    Verify source ↗

    This chapter may be cited as the Bushy Lake Preservation Act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. ) ## 5830. This chapter may be cited as the Bushy Lake Preservation Act. (Added by Stats. 1976, Ch. 665.)
  172. 5831.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. )

    Verify source ↗

    This section defines several terms used in the Bushy Lake Preservation chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. ) ## 5831. As used in this chapter, unless the context clearly requires a different meaning: (a) “California Exposition flood plain” means that portion of state-owned California Exposition land in the American River flood plain as it exists on January 1, 1977. (b) “Bushy Lake area” means that portion of the California Exposition flood plain bounded by the continuous line enclosing Bushy Lake, which line is 100 feet outside the 25-foot elevation contour line as limited on the north side by the waterside toe of the levee and as limited on the west side by a line 100 feet east of State Highway Route 80 as it exists on January 1, 1977. (c) “Bushy Lake” means a body of water in the Bushy Lake area with approximately 11 acres of water surface in the summer and approximately 80 acres in the winter. (d) “Lower American River” means that portion of the American River between Nimbus Dam and the confluence of the American River with the Sacramento River. (Added by Stats. 1976, Ch. 665.)
  173. 5832.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. )

    Verify source ↗

    The Legislature makes findings about the lower American River, the American River Parkway Plan, and the importance of riparian habitat in the California Exposition flood plain.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. ) ## 5832. The Legislature finds and declares that: (a) The lower American River is in the California Wild and Scenic Rivers System as designated in subdivision (e) of Section 5093.54, and has thus been determined by the Legislature as possessing extraordinary scenic, recreational, fishery, and wildlife values. (b) The County of Sacramento on September 10, 2008, by Resolution No. 2008-0946, and the City of Sacramento on November 6, 2008, by Resolution No. 2008-731, have adopted, and the City of Rancho Cordova on September 15, 2008, by Resolution No. 110-2008, has endorsed, the 2008 American River Parkway Plan with promulgated land use regulations to prevent urban and other incompatible encroachment into the parkway, a 29-mile open-space greenbelt in the lower American River flood plain. (c) The California Exposition flood plain contains an unprotected block of significant riparian habitat remaining in the lower American River flood plain, and the United States Fish and Wildlife Service has determined that this riparian habitat is of vital importance and an integral part of the American River. (Amended by Stats. 2009, Ch. 482, Sec. 1. (AB 889) Effective October 11, 2009.)
  174. 5833.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. )

    Verify source ↗

    The board must preserve the flood plain for public day use, while limited parking and parkway access uses are allowed under set conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. ) ## 5833. (a) The California Exposition and State Fair Board of Directors shall preserve, for public day use and enjoyment, the California Exposition flood plain in a manner consistent with the definition of a state park in accordance with Section 5019.53 and consistent with the American River Parkway Plan, an element of the Sacramento County General Plan. Notwithstanding the foregoing, the parking of public and private vehicles may be permitted during the State Fair and only on the flood plain land abutting the riverside toe of the levee as it exists on January 1, 1977, on approximately 11 unsurfaced acres beginning at least 400 feet east of the Bushy Lake area and extending not more than 1,500 feet along the toe of such levee eastward of the Bushy Lake area and extending not more than a distance of 300 feet riverward from such levee. (b) The California Exposition and State Fair also may utilize the area referenced in subdivision (a) for California Exposition exhibitor parking related to agricultural and equestrian events taking place on the California Exposition land in a livestock pavilion, an equestrian arena, or both, if the livestock pavilion and equestrian arena are sited as they were sited on April 1, 2009. The total number of days that parking may be permitted under this subdivision and subdivision (a) shall not exceed 34 days per year. (c) In addition to the parking permitted by subdivisions (a) and (b), one acre of the existing unsurfaced 11-acre parking area shall be open to parkway users for public access to include equestrian staging, connection to trails, and a new walk-in boat access point, only if the California Exposition’s exclusive use for parking on the entire 11 unsurfaced acres during the State Fair as authorized in subdivision (a) and for exhibitor parking related to agricultural and equestrian events taking place at the California Exposition livestock pavilion and equestrian arena, as authorized by subdivision (b), is not impeded. (d) The coordination and management of public parkway user access and parking and the California Exposition’s periodic exclusive use of the unsurfaced 11-acre area for a period that shall not exceed 34 days per year, as specified in subdivisions (b) and (c), shall be addressed in a management agreement between the American River Parkway Manager and the California Exposition and State Fair. The management agreement shall be consistent with this section. (Amended by Stats. 2009, Ch. 482, Sec. 2. (AB 889) Effective October 11, 2009.)
  175. 5834.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. )

    Verify source ↗

    The Board of Directors must preserve and manage the Bushy Lake area, or arrange for its management, under an agreement with the American River Parkway Manager and in line with the stated section, plan, and policies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. ) ## 5834. The California Exposition and State Fair Board of Directors shall preserve and manage, or provide, pursuant to an agreement with the American River Parkway Manager, for the management of, the Bushy Lake area in accordance with Section 5019.71 and the land use designations and policies of the American River Parkway Plan. (Amended by Stats. 2009, Ch. 482, Sec. 3. (AB 889) Effective October 11, 2009.)
  176. 5835.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. )

    Verify source ↗

    The Legislature states that this chapter should not be read to require removing, or to block the use, repair, or added construction of, certain utilities and highways through the California Exposition flood plain, and should not block specified vehicles.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 9. Bushy Lake Preservation [5830 - 5835] ( Chapter 9 added by Stats. 1976, Ch. 665. ) ## 5835. In enacting this chapter, it is not the intent of the Legislature to require removal, or preclude use, repair, or additional construction of, highways, electric transmission lines, sewage lines, or waterlines through the California Exposition flood plain. Further, it is not the intent of the Legislature to preclude the use of emergency vehicles, maintenance vehicles, or vehicles necessary for the construction of parkway facilities. (Added by Stats. 1976, Ch. 665.)
  177. 5840.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. )

    Verify source ↗

    This chapter is known as the Urban American River Parkway Preservation Act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. ) ## 5840. This chapter shall be known and may be cited as the Urban American River Parkway Preservation Act. (Added by Stats. 1984, Ch. 10, Sec. 1.)
  178. 5841.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. )

    Verify source ↗

    This section defines three terms: the American River Parkway Plan, the Lower American River, and the American River Parkway.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. ) ## 5841. (a) “American River Parkway Plan” means the revised, updated management plans for the lower American River adopted by the County of Sacramento on September 10, 2008, by Resolution No. 2008-0946, and by the City of Sacramento on November 6, 2008, by Resolution No. 2008-731, and endorsed by the City of Rancho Cordova on September 15, 2008, by Resolution No. 110-2008. (b) “Lower American River” means that portion of the American River between Nimbus Dam and the confluence of the American River with the Sacramento River and the adjacent lands as described in the American River Parkway Plan. (c) “American River Parkway” means the area described in the American River Parkway Plan. (Amended by Stats. 2009, Ch. 482, Sec. 4. (AB 889) Effective October 11, 2009.)
  179. 5841.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. )

    Verify source ↗

    This section states that the American River Parkway and the lower American River are important regional resources, and that state agency actions can significantly affect them.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. ) ## 5841.5. (a) The American River Parkway and its environs contribute to the quality of life within the City of Sacramento, the City of Rancho Cordova, and the County of Sacramento, enhance the image of the cities and the county as desirable places to live, provide for the public safety and welfare of the community, and thereby contribute to the economic well-being of the community. (b) The lower American River serves as a floodway channel, protecting the community from runoff, rainfall, and snowmelt. (c) The lower American River sustains a myriad of fish populations, including steelhead, king salmon, striped bass, shad, and other fish and wildlife populations, which in turn annually support millions of recreation user-days and commercial, scientific, and educational uses and benefits. (d) The recreation capacity of the American River Parkway is immense, including such diverse activities as hiking, bicycling, picnicking, birding, horseback riding, canoeing, kayaking, rafting, sailing, and power cruising. (e) It is essential that the function of the lower American River and its environs, as a regional open-space resource within the center of the City of Sacramento, the City of Rancho Cordova, and County of Sacramento, be supported and maintained. (f) Actions undertaken by a state agency can drastically affect the American River Parkway and negate planning steps taken by appropriate local agencies. (g) Adoption of the American River Parkway Plan by the State of California provides necessary recognition so that local planning efforts are eligible to receive planning grants through the Land and Water Conservation Fund, technical staff assistance through the National Park Service, and financial assistance through the Soil Conservation Service’s Cooperative River Basin Planning Program. (Amended by Stats. 2009, Ch. 482, Sec. 5. (AB 889) Effective October 11, 2009.)
  180. 5842.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. )

    Verify source ↗

    This section adopts the American River Parkway Plan and requires state and local land-use actions to be consistent with it, with specific carve-outs and a local amendment process for Area Plans.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. ) ## 5842. (a) The Legislature hereby adopts the American River Parkway Plan so as to provide coordination with local agencies in the protection and management of the diverse and valuable natural land, water, native wildlife, and vegetation of the American River Parkway. (b) Actions of state and local agencies with regard to land use decisions shall be consistent with the American River Parkway Plan, subject to the following provisions: (1) This chapter does not impair the authority and responsibilities of state or local public agencies in maintaining and operating the flood channel, levees, and pump stations, except that these operations, as nearly as practicable, shall be consistent with the American River Parkway Plan. (2) This chapter does not affect the existing authority of the City of Sacramento to conduct or settle litigation involving the validity or application of the American River Parkway Plan. (3) This chapter does not prohibit the reasonable expansion of the water treatment facility operated by the City of Sacramento. (4) This chapter does not impair the authority and responsibilities of state agencies in managing the California Exposition flood plain or Bushy Lake area pursuant to Chapter 9 (commencing with Section 5830). (5) This chapter does not affect the exercise of existing water rights. (c) Notwithstanding subdivision (a), the Legislature finds and declares that Chapter 10 of the American River Parkway Plan, titled Area Plans, which consists of maps, policies, and narrative, may be amended through a local amendment process. However, Area Plans may be amended only to the extent that they are not inconsistent with the state-adopted Area Plan policies contained in Chapter 2 of the American River Parkway Plan. The Legislature recognizes that amendments to Area Plans shall be carried out by the Sacramento County Board of Supervisors in accordance with the public hearing process described in Chapter 11 of the American River Parkway Plan, titled Implementation, and recognizes the roles and responsibilities of public agencies set forth in the public hearing process including coordination with the city councils of the Cities of Sacramento and Rancho Cordova. (Amended by Stats. 2010, Ch. 328, Sec. 195. (SB 1330) Effective January 1, 2011.)
  181. 5843.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. )

    Verify source ↗

    The Legislature states that the chapter’s duties and responsibilities should be carried out using existing staff resources, and no extra funding should be provided except what the Legislature appropriates in the annual Budget Act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10. Urban American River Parkway Preservation [5840 - 5843] ( Chapter 10 added by Stats. 1984, Ch. 10, Sec. 1. ) ## 5843. It is the intent of the Legislature that the duties and responsibilities provided for in this chapter be accomplished by utilizing existing staff resources and that no additional funding be provided other than that which is appropriated by the Legislature in the annual Budget Act. (Added by Stats. 1984, Ch. 10, Sec. 1.)
  182. 5845.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

    Verify source ↗

    This chapter is named the Lower American River Conservancy Program Act and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845. This chapter shall be known, and may be cited, as the Lower American River Conservancy Program Act. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  183. 5845.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

    Verify source ↗

    This section states legislative findings about the Lower American River and the American River Parkway, and says the new conservancy program is intended to continue state funding support while the County of Sacramento continues managing the parkway.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.1. (a) The Legislature finds and declares all of the following: (1) The Lower American River is one of California’s most important natural environments, providing recreational, environmental, and educational opportunities to more than 8,000,000 visitors each year. It also serves as a unique urban greenbelt composed of more than 5,000 acres and lying immediately next to and within two incorporated cities and the unincorporated County of Sacramento. (2) The American River Parkway includes natural and recreational resources of statewide interest and is often referred to as “the jewel” of the Sacramento region, and it is managed as such with an intent to fulfill the vision set forth through past collaborative efforts involving advocates and stakeholders, the County of Sacramento, state agencies, and the Legislature. (3) The American River Parkway was established by the County of Sacramento, with financial support from the state and other public and private entities. (4) Since establishing the American River Parkway in 1959, the County of Sacramento has and will continue to update, maintain, and determine consistency with the American River Parkway Plan and to serve as the Parkway Manager to own, manage, operate, and patrol the lands and resources within the American River Parkway. (5) The American River Parkway provides additional benefits to the state and the Sacramento region including flood control, water supply, water quality, habitat for anadromous fisheries, including salmon and steelhead, habitat for migratory waterfowl, habitat for sensitive species, including Swainson’s hawks, peregrine falcons, northern harriers, white-tailed kites, and western pond turtles, and habitat for other wildlife, including river otters. (6) The Legislature recognized the statewide importance of the American River Parkway in enacting the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840)), which culminated with the adoption of the American River Parkway Plan and the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830)). (7) The statewide and national importance of the Lower American River Parkway was further recognized when it was designated as part of the California Wild and Scenic Rivers System and the National Wild and Scenic Rivers System. The American River Parkway Plan acts as the management plan for the lower American River under the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section 5093.50)), providing management guidance and direction for state departments and agencies, as well as local governments, in carrying out their responsibilities under that act. (8) The state has an interest in working with local agencies to expand, enhance, and restore the natural, recreational, cultural, and educational resources in and adjacent to the American River Parkway. (9) The establishment of the Lower American River Conservancy Program will provide a state partner to work cooperatively with local agencies, particularly the County of Sacramento in its role as the Parkway Manager, and nonprofit organizations to help fund projects and provide grants to restore, enhance, interpret, protect, and improve public access to the American River Parkway’s natural, recreational, educational, and cultural resources. (b) It is the intent of the Legislature that the Lower American River Conservancy Program be a continuation of the state’s historic role in providing funding to advance the protection and restoration of the natural resources of the Lower American River while continuing the County of Sacramento’s historic role in managing the lands and public uses of the American River Parkway. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  184. 5845.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

    Verify source ↗

    This chapter does not reduce the existing authority of specified local entities and boards over the American River Parkway.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.10. This chapter does not supersede or diminish the existing authority of any of the following: (a) The County of Sacramento or any other entity responsible for the management, operation, maintenance, or protection of lands and resources within the American River Parkway. (b) The Sacramento County Board of Supervisors acting as the Parkway Manager pursuant to its authority to interpret and implement the American River Parkway Plan. (c) The board pursuant to other law. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  185. 5845.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the Lower American River Conservancy Program chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.2. For purposes of this chapter, the following definitions apply: (a) “Adjacent to” means downstream of the Nimbus Dam and next to or in the immediate vicinity of the American River Parkway. (b) “Advisory committee” means the advisory committee established pursuant to Section 5845.4. (c) “American River Parkway” means those portions of the area described in the American River Parkway Plan between the Nimbus Dam and the confluence of the American River with the Sacramento River. (d) “American River Parkway Plan” has the same meaning as in subdivision (a) of Section 5841. (e) “Board” means the Wildlife Conservation Board established pursuant to Section 1320 of the Fish and Game Code. (f) “Fund” means the Lower American River Conservancy Fund established pursuant to Section 5845.9. (g) “Nonprofit organization” means a private, nonprofit organization, with nonprofit status acknowledged by the United States Internal Revenue Service, that qualifies under Section 501(c)(3) of the Internal Revenue Code, as amended, and that has among its principal charitable purposes the preservation, restoration, or interpretation of land for scientific, historic, educational, recreational, scenic, or open-space purposes, the protection of the natural environment or biological resources, or both, or the preservation or enhancement of wildlife, or both. (h) “Parkway Manager” means the Sacramento County Board of Supervisors or its designee. (i) “Program” means the Lower American River Conservancy Program established pursuant to Section 5845.3. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  186. 5845.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

    Verify source ↗

    The board must run the Lower American River Conservancy Program and prioritize funding for a natural resource management plan plus access, protection, and restoration of the American River Parkway.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.3. (a) The board shall implement and administer the Lower American River Conservancy Program, which is hereby created to receive and expend proceeds from bonds or other appropriations made in the annual Budget Act or other statutes for the benefit of the American River Parkway and related lands. (b) In administering the program, the board shall prioritize expending moneys to develop and implement a natural resource management plan and to improve access to, and protection and restoration of, the American River Parkway. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  187. 5845.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

    Verify source ↗

    The board must create an advisory committee with specified members, and the committee must meet at least twice a year, be open to the public, and serve without pay.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.4. (a) The board shall establish an advisory committee consisting of the following members: (1) Three members of the Board of Supervisors of the County of Sacramento, selected by a majority vote of the board of supervisors, or their designees. (2) Two representatives of the City of Sacramento, which may include the Mayor and one member of the City Council of the City of Sacramento, or two members of the city council, selected by a majority vote of the city council, or their designees. (3) The Mayor or a member of the City Council of the City of Rancho Cordova, selected by a majority vote of the city council, or his or her designee. (4) Representatives from the Natural Resources Agency, the Department of Finance, and the State Lands Commission. (5) Three members from the public at large who have a demonstrated knowledge of and expertise in the American River Parkway and the American River Parkway Plan. One member shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly. (b) A person shall not continue as a member of the advisory committee if that person ceases to hold the office that qualifies that person for membership. In that event, the person’s membership on the advisory committee shall automatically terminate. (c) Members of the advisory committee shall serve without compensation. (d) The advisory committee shall meet at least twice each calendar year at one or more locations in the County of Sacramento. (e) Meetings of the advisory committee shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  188. 5845.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

    Verify source ↗

    The board must coordinate, consult, report, administer funds, provide funding and assistance, and make sure title to acquired lands is held by the County of Sacramento or another local public entity in the specified acquisition projects.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.5. In implementing the program, the board shall do all of the following: (a) Coordinate its activities with the County of Sacramento, each city that includes a portion of the American River Parkway, appropriate local and regional flood control districts, and relevant state agencies. (b) Prior to approving funding for any project, do both of the following: (1) Consult with the County of Sacramento as to whether the board’s proposed actions pursuant to this chapter are consistent with the American River Parkway Plan. (2) Draft a staff report that includes all findings, written comments, and reports submitted by the County of Sacramento and the Parkway Manager as to whether the board’s actions are consistent with the American River Parkway Plan. (c) Administer any moneys appropriated to the board for the program or any revenues generated by the board pursuant to the program. (d) Provide funding and assistance to the County of Sacramento for the development, update, adoption, and implementation of a natural resource management plan for the American River Parkway, and grants to other local agencies and nonprofit organizations whose projects are approved by the County of Sacramento for implementation of that plan. (e) Prior to providing funding for any acquisition project within the American River Parkway, require and ensure that title to the lands to be acquired shall be held by the County of Sacramento or another local public entity willing to hold title to those lands. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  189. 5845.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

    Verify source ↗

    The board may administer the program by granting funds, improving lands, supporting stormwater projects, and seeking outside contributions, as long as it follows the American River Parkway Plan.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.6. Consistent with the American River Parkway Plan, the board, in administering the program, may do any of the following: (a) Provide grants to local public agencies and nonprofit organizations to be used for one or more of the following purposes: (1) The acquisition, restoration, enhancement, and maintenance of fish and wildlife habitat and other natural resources, including resources impacted by wildfire, within and adjacent to the American River Parkway. Any land acquisition funded pursuant to this paragraph shall be subject to subdivision (e) of Section 5845.5. (2) The improvement and expansion of public access, recreational areas, and recreational facilities, including trails. (3) The enhancement of interpretive and educational facilities related to the American River Parkway and its natural, cultural, and historic resources. (4) The control and removal of invasive species and the propagation of native species. (b) Improve and enhance lands within and adjacent to the American River Parkway. Projects funded on adjacent lands shall contribute to the advancement of American River Parkway values. (c) Design, implement, and provide grants to local agencies and nonprofit organizations for stormwater capture and treatment projects to improve the quality of water that flows within and into the American River Parkway and to increase habitat for fish and wildlife. Stormwater projects may include lands within and adjacent to the American River Parkway and its tributaries downstream of the Nimbus Dam and within Sacramento County. (d) Solicit grants, donations of in-kind services, and other contributions from federal, state, and private sources for the purposes of this chapter. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  190. 5845.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

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    The board may not fund or implement projects on land without the landowner’s written consent, manage or control land owned or leased by others except under a written agreement, levy taxes or special assessments, take actions inconsistent with listed plans and acts, or own or acquire land.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.7. In administering the program, the board shall not do any of the following: (a) Fund or implement projects on lands without the written consent of the landowner. (b) Manage, regulate, or control the use of any land owned or leased by another public agency or private party, except as provided pursuant to a written agreement between that public agency or private party. (c) Levy any tax or special assessment. (d) Provide grants or take other actions that are inconsistent with the American River Parkway Plan, the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830) of Division 5), or the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5). (e) Own or acquire land. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  191. 5845.8.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

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    When administering the program, the board must, if feasible, prefer projects that use the California Conservation Corps or Community Conservation Corps.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.8. To the extent feasible, in administering the program, the board shall give preference to projects that utilize the services of the California Conservation Corps or Community Conservation Corps, as defined in Section 14507.5. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  192. 5845.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. )

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    This section creates a fund, requires certain money to be deposited into it, and lets the board administer and spend the money for chapter purposes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 10.5. Lower American River Conservancy Program [5845 - 5845.10] ( Chapter 10.5 added by Stats. 2016, Ch. 375, Sec. 1. ) ## 5845.9. (a) The Lower American River Conservancy Program Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation, for the purposes of this chapter. Moneys received by the board pursuant to this chapter shall be deposited in the fund, unless otherwise provided by the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). The board shall administer the moneys appropriated to it for the program and may expend those moneys for capital improvements, land acquisition, support for the program’s operations, and other purposes consistent with this chapter. (b) (1) The board may accept money, grants, goods, or services contributed to it by a public agency or a private entity or person. Moneys received pursuant to this paragraph shall be deposited in the Donation Account, which is hereby established in the fund. (2) Notwithstanding Section 13340 of the Government Code, moneys in the account are hereby continuously appropriated, without regard to fiscal year, to the board for the purposes of this chapter. (3) Upon receipt of goods and services pursuant to paragraph (1), the board may use those goods and services for the purposes of this chapter. (Added by Stats. 2016, Ch. 375, Sec. 1. (AB 1716) Effective January 1, 2017.)
  193. 5850.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 11. San Francisco Bay Area Bikeway System [5850 - 5851] ( Chapter 11 added by Stats. 1987, Ch. 313, Sec. 1. )

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    The Association of Bay Area Governments must develop, adopt, and submit a bikeway plan and implementation program, and motorized vehicles are generally not allowed on the trail except as needed for emergency services.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 11. San Francisco Bay Area Bikeway System [5850 - 5851] ( Chapter 11 added by Stats. 1987, Ch. 313, Sec. 1. ) ## 5850. The Association of Bay Area Governments shall develop and adopt a plan and implementation program, including a financing plan, for a continuous recreational corridor which will extend around the perimeter of San Francisco and San Pablo Bays. The plan shall include a specific route of a bicycling and hiking trail, the relationship of the route to existing park and recreational facilities, and links to existing and proposed public transportation facilities. The plan shall do all of the following: (a) Provide that designated environmentally sensitive areas, including wildlife habitats and wetlands, shall not be adversely affected by the trail. (b) Provide for appropriate buffer zones along those portions of the bikeway system adjacent to designated environmentally sensitive areas. (c) Provide that the land and funds used for trail construction and planning are not considered mitigation for wetlands losses. (d) Provide alternative routes to avoid impingement on environmentally sensitive areas. (e) Provide that no motorized vehicles, except to the extent necessary for emergency services, be allowed on the trail. The association shall submit the plan to the Legislature not later than January 1, 1989. (Added by Stats. 1987, Ch. 313, Sec. 1. Effective July 30, 1987.)
  194. 5851.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 11. San Francisco Bay Area Bikeway System [5850 - 5851] ( Chapter 11 added by Stats. 1987, Ch. 313, Sec. 1. )

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    The Association of Bay Area Governments must set up a policy committee and an advisory committee for the trail, and work cooperatively with specified agencies and affected local bodies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 11. San Francisco Bay Area Bikeway System [5850 - 5851] ( Chapter 11 added by Stats. 1987, Ch. 313, Sec. 1. ) ## 5851. The Association of Bay Area Governments shall establish a policy committee, which includes members of appropriate environmental organizations, to oversee development and implementation of the trail. A cooperative working relationship shall be established with the San Francisco Bay Conservation and Development Commission, the Metropolitan Transportation Commission, state and federal agencies, and all other cities, counties, and districts, including school districts, which are affected by the proposed trail. The association shall establish an advisory committee representing groups concerned with environmental and ecological protection of the bay and groups representing bicycling and other relevant recreational activities. (Added by Stats. 1987, Ch. 313, Sec. 1. Effective July 30, 1987.)
  195. 5852.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 12. The Great California Delta Trail System [5852 - 5855] ( Chapter 12 added by Stats. 2006, Ch. 839, Sec. 2. )

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    This section defines “Delta” for this chapter as the Sacramento-San Joaquin Delta, excluding the area in Alameda County.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 12. The Great California Delta Trail System [5852 - 5855] ( Chapter 12 added by Stats. 2006, Ch. 839, Sec. 2. ) ## 5852. “Delta” means the Sacramento-San Joaquin Delta, as defined in Section 12220 of the Water Code minus the area contained in Alameda County. (Added by Stats. 2006, Ch. 839, Sec. 2. Effective January 1, 2007.)
  196. 5853.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 12. The Great California Delta Trail System [5852 - 5855] ( Chapter 12 added by Stats. 2006, Ch. 839, Sec. 2. )

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    This section defines “Commission” as the Delta Protection Commission.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 12. The Great California Delta Trail System [5852 - 5855] ( Chapter 12 added by Stats. 2006, Ch. 839, Sec. 2. ) ## 5853. “Commission” means Delta Protection Commission as defined in Section 29721. (Added by Stats. 2006, Ch. 839, Sec. 2. Effective January 1, 2007.)
  197. 5854.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 12. The Great California Delta Trail System [5852 - 5855] ( Chapter 12 added by Stats. 2006, Ch. 839, Sec. 2. )

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    The commission must develop, adopt, submit, and administer the Great California Delta Trail plan, and the trail plan must protect sensitive areas and generally bar motorized vehicles except for emergencies and handicap access.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 12. The Great California Delta Trail System [5852 - 5855] ( Chapter 12 added by Stats. 2006, Ch. 839, Sec. 2. ) ## 5854. (a) In accordance with the requirements of subdivision (c), the commission shall develop and adopt a plan and implementation program, including a finance and maintenance plan, for a continuous regional recreational corridor that extends around the delta, including, but not limited to, the delta’s shorelines in Contra Costa, Solano, San Joaquin, Sacramento, and Yolo Counties. This plan shall link the San Francisco Bay Trail system to the planned Sacramento River trails in Yolo and Sacramento Counties. This plan shall include a specific route of a bicycling and hiking trail, the relationship of the route to existing and proposed park and recreational facilities and land and water trail systems, and links to existing and proposed public transportation and transit. The transportation and transit links may include, but are not limited to, roadside bus stops, transit facilities, and transportation facilities. The continuous regional recreational corridor planned and executed pursuant to this chapter shall be called the Great California Delta Trail. The continuous regional recreational corridor shall include, but not be limited to, bikeway systems, and hiking and bicycling trails. (b) The Great California Delta Trail plan shall do all of the following: (1) Provide that designated environmentally sensitive areas, including wildlife habitats and wetlands, shall not be adversely affected by the trail. (2) Provide for appropriate buffer zones along those portions of the bikeway system adjacent to designated environmentally sensitive areas and areas with private uses, when appropriate. (3) Provide that the land and funds used for any purposes under this chapter are not considered mitigation for wetlands losses. (4) Provide alternative routes to avoid impingement on environmentally sensitive areas, traditional hunting and fishing areas, and areas with private uses, when appropriate. (5) Provide that no motorized vehicles, except to the extent necessary for emergency services, including, but not limited to, medical and structural emergencies, and for handicap access, be allowed on the trail. (c) The commission may develop and adopt the plan and the implementation program if it receives sufficient funds, from sources other than the General Fund, to either (1) finance the full costs of developing and adopting the plan or (2) develop and implement a defined portion of the plan, such as specific trail segments and related facilities identified in the plan. The commission shall submit the plan and the implementation program to the Legislature and each of the counties within the commission’s service area not later than two years after the commission determines that sufficient funds will be available to complete all or a defined portion of the plan and implementation program. (d) The commission shall administer the funds used in the planning of the trail. (Amended by Stats. 2018, Ch. 51, Sec. 29. (SB 854) Effective June 27, 2018.)
  198. 5855.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 12. The Great California Delta Trail System [5852 - 5855] ( Chapter 12 added by Stats. 2006, Ch. 839, Sec. 2. )

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    The commission must create advisory committees for the trail, and their meetings are subject to the Bagley-Keene Open Meeting Act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 12. The Great California Delta Trail System [5852 - 5855] ( Chapter 12 added by Stats. 2006, Ch. 839, Sec. 2. ) ## 5855. (a) The commission shall establish a technical advisory committee that shall review the trail’s planning, implementation, and funding proposals. The committee shall include members and staff of appropriate regional government associations, local jurisdictions, and districts. Participation in the committee is voluntary and its members are not eligible for reimbursement from the state for costs incurred to participate. The committee may make recommendations, to the commission, on the trail’s planning, implementation, and funding. The executive director of the commission shall convene the meetings of the committee. (b) A cooperative working relationship shall be established with state and federal agencies, and all other cities, counties, districts, including school districts, and regional government associations that are affected by the proposed trail. (c) The commission shall establish a stakeholder advisory committee representing groups concerned with environmental and ecological protection of the delta, groups representing agricultural, private, and other business uses of the delta’s land and water, and groups representing bicycling, walking, boating, horseback riding, and other relevant recreational activities. The stakeholder advisory committee shall advise the commission on the trail’s impacts on and uses for committee member constituencies. Participation in the committee is voluntary and its members are not eligible for reimbursement from the state for costs incurred to participate. The committee may make recommendations, to the commission, on the trail’s planning, implementation, and funding. The executive director of the commission shall convene the meetings of the stakeholder advisory committee. (d) The meetings of the committees established in subdivisions (a) and (c) shall be subject to the provisions of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2006, Ch. 839, Sec. 2. Effective January 1, 2007.)
  199. 5860.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

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    This section says the California Natural Landmarks Program sets out how natural landmarks are identified, evaluated, designated, and monitored.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5860. The Legislature finds and declares all of the following: (a) The procedures in this chapter set forth the processes and criteria for identifying, evaluating, designating, and monitoring California natural landmarks. (b) The California Natural Landmarks Program focuses attention on areas of exceptional natural value to the state as a whole rather than to one particular region or locality. The program encourages the owners of California natural landmarks to voluntarily observe preservation precepts. (c) The California Natural Landmarks Program identifies and preserves natural areas that best illustrate the biological and geological character of the state, enhances the scientific and educational values of preserved areas, strengthens public appreciation of natural history, and fosters a greater concern for the conservation of the state’s heritage. (d) Many of the state’s most important biological, ecological, and geological features are found either partly or entirely on privately owned land. (e) There is a need to recognize and promote private as well as public stewardship of natural resources for the public benefit. (f) It is the intent of the State of California through the California Natural Landmarks Program to recognize and promote partnerships resulting in the stewardship of natural resources on privately and publicly owned land. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)
  200. 5861.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. )

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    This section defines key terms used in the California Natural Landmarks Program.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 13. California Natural Landmarks Program [5860 - 5873] ( Heading of Chapter 13 renumbered from Chapter 12 (as added by Stats. 2006, Ch. 827) by Stats. 2007, Ch. 130, Sec. 203.5. ) ## 5861. As used in this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “California natural landmark” means property designated by the director as being of state significance to California because it is an outstanding example of major biological and geological features found within the boundaries of the state. (b) “California Registry of Natural Landmarks” means the official listing of all designated California natural landmarks. (c) “Department” means the Department of Parks and Recreation. (d) “Director” means the Director of Parks and Recreation. (e) “Natural region” means a distinct physiographic province having similar geologic history, structures, and land forms. The basic physiographic characteristics of a natural region influence its vegetation, climate, soils, and animal life. (f) (1) “Owner” means the person, corporation, or partnership that holds fee simple title to real property, or its agent, or the head of the public agency or subordinate employee of the public agency to whom that authority is delegated, who is responsible for administering publicly owned land and who has presented satisfactory evidence of his or her legal right to represent the interests of the subject land. (2) “Owner” does not include a person, partnership, corporation, or public agency that holds, in any form, an easement or less than a fee interest, including any leasehold that is not tantamount to fee ownership, or does not have authority to act on behalf of the property. (3) (A) A Native American tribe that is the beneficial fee simple owner of real property, with the United States as trustee, is an owner of real property for the purposes of this chapter. (B) A member of a Native American tribe who is the beneficial owner of real property, held in trust by the United States, is an owner of real property for the purposes of this chapter. (g) “Potential California natural landmark” means property that, based on a recommendation or initial comparison with other properties within the state or in the same natural region, could merit further study of its qualifications for possible California natural landmark designation. (h) “Prejudicial procedural error” means a procedural error that reasonably may be considered to have affected the outcome of the designation process. (i) “Real property” for the purposes of this chapter shall not include land owned by the federal government, unless the agency owning the land requests its inclusion, and the director determines that its inclusion is feasible and in the best interests of the program. (j) “Representative” means a public or private individual, agency, or organization that is performing actions related to the identification, evaluation, designation, or monitoring of a California natural landmark, on behalf of or in cooperation with the department, either under a contractual agreement or in a volunteer capacity. (k) “Scientist” means a person whose combination of academic training and professional field experience in the natural region qualifies him or her to identify and comparatively evaluate a natural area at the regional or state level. (l) “State significance” means property that is one of the best examples of a biological community or geological feature within a natural region of the state, including a terrestrial community, land form, geological feature and process, habitat of native plant and animal species, or fossil evidence of the development of life. (Added by Stats. 2006, Ch. 827, Sec. 1. Effective January 1, 2007.)

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