In November 1996, County voters approved by a 75%-25% margin Yaroslavsky’s proposal to enact the first comprehensive Countywide political campaign reform ordinance.

Key elements of the measure include:

- voluntary limits on expenditures
- mandatory limits on the amount any one person can contribute to a campaign, which vary depending on the candidate’s acceptance of voluntary expenditure limits
- “level playing-field” provisions which provide for flexible expenditure and contribution limits dependent on the amount of personal funds committed by rival candidates prohibitions on PAC contributions, unless by a “small-contributor committee”
- prohibitions on lobbyist contributions
- establishment of strict fundraising “windows” to prohibit year-round fundraising
- limits on officeholder account contributions and spending
- limits on attorney-fee account contributions and spending

An ordinance amending the Los Angeles County Code relating to the conduct of political campaigns for County offices.

The People of the County of Los Angeles ordain as follows:

SECTION 1: Chapter 2.190 is added to the Los Angeles County Code to read as follows:

Chapter 2.190

Political Campaigns for County Offices

2.190.010. Findings. The people of the County of Los Angeles find that as the cost of campaigning for county office increases, there is the need to raise larger and larger amounts of money, much of which may come from interest groups with a stake in matters pending before county officers. While citizens of the county should be allowed to make financial contributions to political campaigns for county offices as a legitimate form of participation in the political process, there is a need to reduce the opportunity for persons or organizations to use their financial strength to attempt to exercise control over candidates and the electoral process.

2.190.020. Purpose and Declaration of Intent. The purpose of this ordinance is to reduce the opportunity for corruption of the political process by establishing rules for the conduct of political campaigns for county offices. In recognition that the courts have limited the ability of the government to place mandatory ceilings on either overall campaign expenditures or the expenditure by a candidate of his or her personal funds, it is the intent of this ordinance to establish voluntary limits on such expenditures.

This ordinance also establishes mandatory limits on the amount any one person can contribute to a campaign, the level of which varies based upon the extent to which the candidates for a particular office have agreed to be bound by the voluntary expenditure limits. It is not the intent of this ordinance that it have any impact, or place any limits, on recall election campaigns.

2.190.030. Definitions. The following phrases, whenever used in this chapter, shall be construed as defined in this section:

“Bundling of contributions” shall mean the making of contributions to a candidate through another person or entity who acts as an intermediary or conduit.

“Campaign expenditure” shall mean any “expenditure” as that term is defined in Government Code section 82025 which is made by a candidate or his or her controlled committee in furtherance of that candidate’s effort to be elected to a county office. Campaign expenditures occurring at any time up to and including the date of the primary election, even if prior to the filing for office, shall be considered campaign expenditures related to the primary election. If the candidate is a candidate in the general election, campaign expenditures occurring after the date of the primary election shall be considered campaign expenditures related to the general election, except to the extent any expenditure is to repay a debt incurred for the primary election prior to the primary election, in which case the expenditure will be a campaign expenditure related to the primary election.

“Candidate” shall mean an individual, with regard to any primary or general election for either a county-wide office or supervisor, who is listed on the ballot or who has qualified to have write-in votes on his or her behalf counted by election officials or who receives a contribution or makes any expenditure with a view to bringing about his or her nomination or election.

“Committee” shall have the meaning set forth in Government Code section 82013.

“Contribution” shall have the meaning set forth in Government Code section 82015, except that as used in this chapter, “contribution” shall also include a loan or an extension of credit for a period of more than 30 days, other than loans or extensions of credit from financial institutions which are given in the regular course of business upon terms and conditions generally available to other customers of that financial institution.

“Controlled committee” shall have the meaning set forth in Government Code section 82016.

“County-wide office” shall mean the sheriff, the district attorney and the assessor of the County of Los Angeles.

“Registrar-recorder” shall mean the registrar-recorder/county clerk for the County of Los Angeles.

“Personal funds of the candidate” shall mean both the community and separate property of the candidate. “Personal funds of the spouse of the candidate” shall mean only the separate property of the spouse.

“Political action committee” shall mean any “general purpose committee” as that term is defined by Government Code section 82027.5.

“Political party” shall mean any “qualified party” as described in Elections Code section 5100.

“Primary election” shall also include a special election, and “general election” shall also include the runoff for a special election.

“Person” shall have the meaning set forth in Government Code section 82047.

“Small contributor committee” shall mean any committee which meets all of the following criteria:

It has membership of at least 100 individuals;

All contributions it receives from any one person in a calendar year total $50 or less;

It has been in existence at least six months;

It is not a candidate controlled committee.

“Supervisor” shall mean a member of the board of supervisors of the County of Los Angeles.
2.190.040. Contribution Limits.

Except as otherwise provided in subsection B or section 2.190.070, no person shall make to any candidate or any candidate’s controlled committee, and no candidate or his or her controlled committee shall solicit or accept, any contribution from any person which exceeds $200 for each primary election campaign and $200 for each general election campaign.

Except as otherwise provided in section 2.190.070, if either in a primary election campaign or in a general election campaign, a candidate commits to and does not exceed the voluntary expenditure limit set forth in section 2.190.050, the contribution limits set forth in subsection A shall be increased to $1,000 for that primary or that general election campaign.

2.190.050. Voluntary Expenditure Limit.

For each primary and for each general election for each county office, there shall be a voluntary expenditure limit on total campaign expenditures by each candidate. At least 60 days prior to the close of candidate filing for each primary election, the registrar-recorder shall calculate and make available to all interested persons the amount of the voluntary expenditure limit for each county office which will be on the primary election ballot. The amount so calculated shall be the amount of the voluntary expenditure limit for each candidate in the primary election. If there is a need for a general election, there shall be a separate voluntary expenditure limit for that election, but the dollar amount of the voluntary expenditure limit for the general election shall be the same as that applicable to the primary election. The amount of the voluntary expenditure limit which shall be applicable separately to each primary and each general election shall be calculated as follows:

For each county-wide office the voluntary expenditure limit shall be $.25 per resident of the County as shown in the most recent federal decennial census.

For supervisor the voluntary expenditure limit shall be $.75 per resident of the applicable supervisorial district as shown in the most recent federal decennial census.

Each candidate shall file a declaration with the registrar-recorder no later than the close of filing for a primary election, and no later than thirty days after the primary election for a general election, stating whether the candidate agrees to be bound by the voluntary expenditure limit for the applicable primary or general election campaign of that candidate. If a candidate agrees to be bound by the voluntary expenditure limit for a primary or for a general election campaign, the total expenditures by that candidate and his or her controlled committee for the applicable primary or general election campaign shall not exceed the voluntary expenditure limit.

2.190.060. Contribution of Candidate’s Personal Funds.

The contribution limits set forth in section 2.190.040 shall not apply to the personal funds of the candidate, but shall apply to the personal funds of the spouse of the candidate. However, no candidate shall personally make outstanding loans to his or her campaign for county office or to that candidate’s controlled committee which total at any one point in time more than $20,000. Any contribution made to a candidate or to his or her controlled committee from the community property of the candidate and his or her spouse shall be considered a contribution from the personal funds of the candidate. While there is no mandatory limit, other than the loan limitation, under this chapter on the contribution of the personal funds of the candidate to his or her campaign for county office, a candidate may voluntarily agree to limit his or her contribution of personal funds, as set forth in this section.

Along with the declaration required by subsection B of section 2.190.050, for each primary and for each general election, each candidate shall declare under penalty of perjury that he or she will commit to one of the following options relating to the contribution of the personal funds of the candidate to his or her campaign for county office:
That during the primary or the general election, whichever is applicable, the candidate will not make a total contribution of the personal funds of the candidate to his or her campaign for county office exceeding $100,000. This option shall be known as the “$100,000 personal funds limit option.”

That during the primary or the general election, whichever is applicable, the candidate will not make a total contribution of the personal funds of the candidate to his or her campaign for county office exceeding $300,000. This option shall be known as the “$300,000 personal funds limit option.”

That during the primary or the general election, whichever is applicable, the candidate will not agree to any limitation on the total contribution of the personal funds of the candidate to his or her campaign for county office. This option shall be known as the “unlimited personal funds option.”
In each primary election and in each general election, no candidate for county office who commits to either the $100,000 personal funds limit option or the $300,000 personal funds limit option shall contribute an amount of the personal funds of the candidate to his or her campaign for county office which exceeds the applicable limit to which the candidate has voluntarily committed.

In each primary election and in each general election, each candidate for county office who has chosen the $300,000 personal funds limit option, within 10 days after filing his or her declaration with the registrar-recorder as set forth in subsection B, shall actually contribute an amount which is in excess of $100,000 of the personal funds of that candidate to his or her campaign for county office by depositing such an amount in his or her campaign account. Within 24 hours after making such a deposit of the personal funds of the candidate in his or her campaign account, the candidate shall file with the registrar-recorder, under penalty of perjury, a declaration stating that he or she has made such a deposit of his or her personal funds.

In each primary election and in each general election, each candidate for county office who has chosen the unlimited personal funds option, within 10 days after filing his or her declaration with the registrar-recorder as set forth in subsection B, shall actually contribute an amount which is in excess of $300,000 of the personal funds of that candidate to his or her campaign for county office by depositing such an amount in his or her campaign account. Within 24 hours after making such a deposit of the personal funds of the candidate in his or her campaign account, the candidate shall file with the registrar-recorder, under penalty of perjury, a declaration stating that he or she has made such a deposit of his or her personal funds.

2.190.070. Interrelationship of Contribution and Expenditure Limits.

If either in a primary or in a general election any candidate for a particular county office actually makes contributions of the personal funds of the candidate to his or her campaign for county office which exceed $100,000, for that primary or that general election, for each other candidate for that office who has committed to the voluntary expenditure limit set forth in section 2.190.050 and who has chosen the $100,000 personal funds limit option, the contribution limit shall be increased to ten times the amount in subsection B of section 2.190.040.

Notwithstanding subsection A, if either in a primary or in a general election any candidate for a particular county office actually makes contributions of the personal funds of the candidate to his or her campaign for county office which exceed $300,000 for that primary or that general election, for each other candidate for that office who has both committed to the voluntary expenditure limit set forth in section 2.190.050 and chosen the $100,000 personal funds limit option, the otherwise applicable contribution limit as set forth in subsection B of section 2.190.040 shall be removed.

If either in a primary or in a general election any candidate for a particular county office has chosen the $100,000 personal funds limit option but has declined to be bound by the voluntary expenditure limit set forth in section 2.190.050, at such point in time when the total expenditures of that candidate and his or her controlled committee exceed an amount equal to 75% of the voluntary expenditure limit set forth in section 2.190.050 applicable to that office for that election, the voluntary expenditure limit for each other candidate running for that same office in that same election who has agreed to be bound by the voluntary expenditure limit shall be double the amount set forth in section 2.190.050.

If either in a primary or in a general election any candidate for a particular county office has chosen either the $300,000 personal funds limit option or the unlimited personal funds option, and that candidate has also declined to commit to the voluntary expenditure limit set forth in section 2.190.050, no other candidate for that office in that same primary or general election shall be bound by any voluntary expenditure limit to which he or she has otherwise committed. When voluntary expenditure limits are removed under this subsection, any candidate who had agreed to a voluntary expenditure limit under section 2.190.050 shall continue to be bound by the contribution limit set forth in subsection B of section 2.190.040, unless that limit is removed by some other provision of this chapter.

2.190.080. Bundling of Contributions and Contributions from Committees.

The bundling of contributions to a candidate or to his or her controlled committee is prohibited.

Except as otherwise provided in this section, contributions from any committee, except from a committee as described in subdivision (c) of Government Code section 82013 or from a political action committee which qualifies as a small contributor committee, to a candidate or to his or her controlled committee are prohibited.
Contributions from any political party to a candidate or to his or her controlled committee are prohibited.

Except as otherwise provided in this section, contributions from a committee as described in subdivision (c) of Government Code section 82013 or from a political action committee which qualifies as a small contributor committee to a candidate or to his or her controlled committee shall be limited in the same manner as contributions from individuals.

Notwithstanding subsections B through D, if either in a primary or in a general election any candidate for a particular county office actually makes contributions of the personal funds of the candidate to his or her campaign for county office which exceed $100,000, for that primary or that general election, for each other candidate for that office who has committed to the voluntary expenditure limit set forth in section 2.190.050 and who has chosen the $100,000 personal funds limit option, any committee, including, but not limited to, any political action committee and any small contributor committee, may make, and such candidate may solicit and accept, contributions to such candidate for that election, but the total of all contributions for that election from any one committee to any one candidate may not exceed $10,000.

Notwithstanding subsections B through E, if either in a primary or in a general election any candidate for a particular county office actually makes contributions of the personal funds of the candidate to his or her campaign for county office which exceed $300,000, for that primary or that general election, for each other candidate for that office who has committed to the voluntary expenditure limit set forth in section 2.190.050 and who has chosen the $100,000 personal funds limit option, any committee, including, but not limited to, any political action committee and any small contributor committee, may make, and such candidate may solicit and accept, contributions to such candidate for that election, and there shall be no contributions limit on such contributions.

2.190.090. Fundraising Time Limits.

Neither a candidate for a county-wide office nor his or her controlled committee may accept contributions for either his or her primary election campaign or his or her general election campaign earlier than 18 months prior to the applicable primary or general election or later than six months after that primary or general election.
Neither a candidate for supervisor nor his or her controlled committee may accept contributions for either his or her primary election campaign or his or her general election campaign earlier than 15 months prior to the applicable primary or general election or later than six months after that primary or general election.

2.190.100. Officeholder Accounts. Each person holding a county office is allowed one segregated officeholder account which shall be subject to the following restrictions:

No county officeholder shall accept contributions to nor make expenditures from his or her officeholder account which total more than $75,000 in any calendar year.

No county officeholder who is a candidate for county office in a primary election shall make any expenditures whatsoever from his or her officeholder account during the period beginning six months prior to that primary election and ending on the day after that primary election if the officeholder is not a candidate in the general election, or ending on the day after the general election if the officeholder is a candidate in the general election.

No person shall contribute to the officeholder account of any county officer in excess of $1,000 in any calendar year. Said amount shall be in addition to any applicable limits on campaign contributions set forth in this chapter.

Surplus campaign funds related to an election to county office which were accumulated prior to November 5, 1996, may be transferred by the candidate to his or her officeholder account. After November 5, 1996, a maximum of $10,000 of surplus campaign funds from each primary and each general election campaign may be transferred by the candidate to his or her officeholder account. Surplus campaign funds transferred to an officeholder account as allowed by this section shall not count toward the contribution limits in this section.

Officeholder account funds may be expended or disbursed for the purposes for which campaign funds may be expended or disbursed as set forth in Article 4 (beginning with section 89510) of Chapter 9.5 or Title 9 of the Government Code, except that officeholder account funds shall only be used for expenses related to assisting, serving or communicating with constituents, or with carrying out the official duties of the elected county officer and may not be used to pay expenses related to a campaign for county office of an officeholder who is a candidate for county office.

2.190.110. Attorney’s Fees Fund. Persons who hold county office or who are or were candidates for county office may maintain a fund, separate from campaign funds and any officeholder account, to pay attorney’s fees to defend actions related to holding county office or running for county office, or for the purpose of obtaining advice regarding the administration of this or other campaign laws. There shall be no expenditure limit on any such fund, but no person maintaining such a fund may accept as a contribution to such fund more than $1,000 per calendar year from any person. Surplus campaign funds related to an election to county office which were accumulated prior to November 5, 1996, may be transferred by the candidate to his or her attorney’s fees fund, and any such transfer will not count toward the contribution limits in this section.

2.190.120. Distribution of Excess Funds. Excess funds in the campaign account of a candidate for county office, or in an officeholder account or an attorney’s fees fund allowed by this chapter, may, in addition to any other method allowed by law, be disposed of by contribution to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the candidate for county office, county officeholder, his or her campaign treasurer, any individual or individuals with authority to approve the expenditure of campaign funds, officeholder account funds or attorney’s fees funds, or a member of his or her immediate family. If a candidate in a primary election becomes a candidate in the general election for that office, excess funds from the primary campaign may be carried over for use in that candidate’s general election campaign and all expenditure and contribution limits will continue to apply as if no funds were carried over.

2.190.130. Lobbyist Contributions. No county official or candidate for county office shall knowingly solicit or accept any contribution to his or her campaign for county office or to his or her officeholder account or attorney’s fees fund from any person or firm who is registered under chapter 2.160 as a county lobbyist or county lobbying firm or who has been so registered at any time in the previous 12 months.

2.190.140. Violations and Enforcement.

Any person who knowingly violates any provision of this chapter, is guilty of a misdemeanor which may be punished by imprisonment in the county jail for not exceeding six months, or by a fine not exceeding $1,000, or by both.

In addition to the penalty set forth in subsection A, any violation of this chapter shall be subject to a civil penalty of up to three times the amount by which any applicable expenditure or contribution limit has been exceeded or $5,000, whichever is greater.

This chapter shall be administered by the registrar-recorder who shall recommend rules governing this chapter. Such rules shall be effective if approved by a majority vote of the board or supervisors.

The registrar-recorder and the district attorney shall receive and investigate complaints that a person has violated a provision of this chapter. When the registrar-recorder has evidence of a violation of this chapter, he or she may refer the matter to the district attorney, who shall have authority to seek the imposition of any penalty allowed by this section.

Any person residing in the county may bring a civil action to enjoin violations of this chapter or to compel compliance with any provision of this chapter by following the procedures set forth in Government Code sections 91003 et. seq., except that the civil prosecutor shall be the district attorney.
Within 60 days after the enactment of this chapter the registrar-recorder and the district attorney shall each designate persons within their respective offices who will be responsible for the enforcement and administration of the duties assigned to them under this chapter. Nothing in this chapter shall preclude the county from contracting with a state agency to administer and/or enforce any provision of this chapter.
2.190.150. Amendment.

This chapter may be amended only if the amendment is approved by at least a four-fifths vote of the board of supervisors and only as follows:

To increase the various contribution and expenditure limits to reflect equivalent increases in the cost of living;

The amendment is necessary to make this chapter consistent with state law or judicial actions interpreting this or similar laws; or
If the board of supervisors finds that the amendment otherwise furthers the purposes of this chapter.

2.190.160. Severability.

Notwithstanding section 2.190.070 or any other provision of this chapter, if any provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of this chapter to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this chapter are severable.

If the voluntary expenditure limits set forth in section 2.190.050 are held invalid, the contribution limit set forth in subsection B of section 2.190.040 shall apply unless the board of supervisors by at least a four-fifths vote sets the amount at a higher level.

In November 1996, County voters approved by a 65%-35% margin Yaroslavsky’s proposal to establish a $319 million park-and-open-space property assessment to fund the acquisition and preservation of endangered wilderness lands, and to rehabilitate and improve dozens of park and recreational facilities throughout Los Angeles County. Dubbed “Baby A,” the measure was modeled on an earlier successful 1992 Prop. A parks measure which generated $540 million in funding for park improvements and open-space preservation.

FINAL TEXT AS AMENDED ON JUNE 18, 1996
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, ACTING AS THE LEGISLATIVE BODY OF THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT, LEVYING AN ADDITIONAL ASSESSMENT WITHIN THE DISTRICT, AMENDING THE METHOD OF ASSESSMENT, AND AUTHORIZING THE EXPENDITURE OF DISTRICT REVENUES FOR ANY AUTHORIZED PURPOSE, SUBJECT TO APPROVAL BY THE COUNTY ELECTORATE

WHEREAS, the County of Los Angeles (the “County”) has serious unmet needs for park, recreation, youth and senior facilities, and for positive recreational alternatives for at-risk youth to assist in gang prevention and intervention efforts, and contains irreplaceable park, recreation, beach, wildlife and natural open space land; and

WHEREAS, on November 3, 1992, sixty-four percent (64%) of voters within the County voting on the matter authorized formation of the Los Angeles County Regional Park and Open Space District (the “District”), the levy of a benefit assessment within the District, and a plan of expenditure of the proceeds of such assessment; and

WHEREAS, the Board of Supervisors of the County, acting as the legislative body of the District (the “Board”), finds and determines that the development, acquisition, improvement, restoration and maintenance of parks, recreational, cultural and community facilities and open space lands within the District confer a direct and special benefit to all parcels within the District by improving economic, environmental and recreational conditions resulting in maintained or enhanced property values; and

WHEREAS, the Board further finds and determines that the public interest and convenience require, and that it is in the best interest of the residents of the County, that an additional assessment be levied within Landscaping and Lighting District No 92-1, which is coterminous with the District, to fund the purposes of the District consistent with the plan of expenditure set forth in the Engineer’s Report referred to below; and

WHEREAS, the County has many unique natural lands and is rich in biological diversity, and it is necessary and important that these natural resources be protected permanently and restored for the purposes of conserving biological diversity, protecting the health of the County’s environment and for the enjoyment of this and future generations; and

WHEREAS, the Board further finds and determines that in order to provide for a more equitable apportionment of the assessment among the several properties within the District, the portion of any vacant parcel, and the vacant portion of any partially improved parcel, in excess of two and one-half acres shall not be assessed, and it is necessary and appropriate to amend the method of assessment to reflect the foregoing change in the method of assessment of vacant or partially improved parcels which are greater than two and one-half acres in size, as detailed in the Engineer’s Report referred to below; and

WHEREAS, the Board further finds and determines that it is in the best interest of the residents of the County to permit the District to expend any of its funds for any authorized purpose of the District, including the application of proceeds derived from the original assessment within the District to the plan of expenditure for the additional assessment set forth in this resolution, and vice versa; and

WHEREAS, a public hearing on the matters set forth in this resolution was called and held on June 13, 1996, and this resolution shall not take effect unless and until the question of approval of the matters set forth herein shall have been submitted to the electorate of the County and approved by a majority of voters voting on the question;

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Los Angeles, acting as the governing body of the Los Angeles County Regional Park and Open Space District, as follows:

Section 1.  (a)  This resolution is adopted pursuant to Section 5539.9(d)(2) of the Public Resources Code of the State of California (the “State”).  The Board hereby adopts and approves the final engineer’s report relating to the Additional Assessment  (the “Engineer’s Report”) and filed with the Executive Officer-Clerk of the Board.  The Additional Assessment shall be levied within the District at a rate not to exceed the amount set forth in the Engineer’s Report, in accordance with the Engineer’s Report and this resolution.  The Engineer’s Report describes the boundaries of the assessment district, the locations of certain of the improvements to be funded by the District, the method and rationale for spreading the proposed Additional Assessment in proportion to the benefit received by each lot or parcel of land within the District, and the proposed amendments to the method of assessment.

The Engineer’s Report is by this reference incorporated herein as though set forth in full at this place.

Section 2.  As used in this resolution, the following terms have the indicated meanings:

“Additional Assessment” means the assessment levied within the District pursuant to this resolution.

“Board” is used as defined in the recitals to this resolution.

“County” is used as defined in the recitals to this resolution.

“Department of Beaches and Harbors” means the Department of Beaches and Harbors of the County.

“Department of Children and Family Services” means the Department of Children and Family Services of the County.

“Department of Natural History Museum” means the Department of Natural History Museum of the County.

“Department of Parks and Recreation” means the Department of Parks and Recreation of the County.

“Department of Public Works” means the Department of Public Works of the County.

“District” is used as defined in the recitals to this resolution.

“Engineer’s Report” is used as defined in Section 1 of this resolution.

“Financial Consultant” is used as defined in the Master Indenture, and also includes the independent auditing firm described in Section 21(I).

“Master Indenture” means the Master Indenture of Trust dated as of May 1, 1994, between the District and the Auditor-Controller of the County, as fiscal agent.

“Natural Lands” means an area of relatively undeveloped land which (a) has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be feasibly restored to a near-natural condition and which derives outstanding value from its wildlife, scenic, open space, parkland or recreational characteristics, or any combination thereof, or (b) meets the definition of open-space land in Section 65560 of the California Government Code.

“1992 Assessment” means the assessment levied within the District pursuant to the 1992 Order.

“1992 Order” means the order of the Board, as amended on March 17, 1992, and approved by the voters of the County on November 3, 1992, pursuant to which the District was formed and the first assessment levied therein.

“Nonprofit Organization” means any charitable organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which has among its purposes the provision of park, recreation or community services or facilities, gang prevention and intervention, tree-planting, or the conservation and preservation of wetlands or of lands predominantly in their natural, scenic, historical, forested or open-space condition, or restoration of lands to a natural, scenic, historical, forested or open-space condition.

“Park” means a tract of land with scenic, natural, open-space or recreational values, set apart to conserve natural, scenic, cultural, historical or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration or enjoyment.

“Parks Fund” means the Los Angeles County Regional Park and Open Space District Park Fund, into which all revenue generated by the District is required to be deposited, in accordance with Section 21(e) of this resolution and Sections 21  and (d) of the 1992 Order.

“Public Agency” means any governmental agency established pursuant to the laws of the State that is authorized to acquire, develop, improve and restore real property for beach, wildlife, park, recreation, community, cultural, open space, water quality, or gang prevention and intervention purposes.

“State” is used as defined in Section 1 of this resolution.

“State Lands Commission” means the Lands Commission of the State of California.

Section 3.  The following funds shall be awarded for the purposes set forth below, in amounts not to exceed the following:

(a)  Sixty-nine million fifty thousand dollars ($69,050,000) to the County for the acquisition, development, improvement, restoration or rehabilitation of real property for recreational facilities, parks and park safety, gang prevention, senior citizen recreation facilities, wildlife habitat, natural lands, improvement of Santa Monica Bay, multi-use sports facilities, lakes, fishing and boating facilities, trails, rivers and streams, significant ecological areas, equestrian facilities, and museums and cultural facilities, in accordance with the following schedule:

(1)  Fifty-one million fifty thousand dollars ($51,050,000) to the Department of  Parks and Recreation for the acquisition, development, improvement, restoration or rehabilitation of real property for parks, recreation, wildlife habitat or natural lands in accordance with the following schedule:

A.   One hundred thousand dollars ($100,000) for general improvements, including landscape and/or irrigation, at Amigo Park.

B.   Six hundred thousand dollars ($600,000) for improvements to County parks in accordance with the Americans with Disabilities Act.

C.   Three hundred fifty thousand dollars ($350,000) for acquisition and/or preservation of wetland habitat in the Antelope Valley, including interpretive exhibits, public facilities and/or restoration.

D.   Five hundred thousand dollars ($500,000) for development of soccer facilities and/or general park improvements at Belvedere Park.

E.   Seventy thousand dollars ($70,000) for security improvements at Bethune Park.

F.   One million two hundred thousand dollars ($1,200,000) for rehabilitation of the swim beach and/or general park improvements at Bonelli Regional Park.

G.   Three hundred thousand dollars ($300,000) for development and improvement of recreation facilities, including development a multi-purpose recreation facility, at Burton Park.

H.   Three hundred thousand dollars ($300,000) for improvements to the community center at Campanella Park.

I.   Two hundred fifty thousand dollars ($250,000) for general park improvements including security, landscape and/or irrigation improvements at Castaic Sport Complex.

J.   One million seven hundred thousand dollars ($1,700,000) for rehabilitation of swim beach and/or general park improvements to the recreation and park facilities at Castaic Lake.

K.   Two million ten thousand dollars ($2,010,000) for expansion, development, and/or rehabilitation of facilities serving senior citizens or to comply with the Americans With Disabilities Act (ADA) at parks in the Central area of the County including, but not limited to Athens, Del Aire, and Keller Park.

L.   One million three hundred ninety-six thousand dollars ($1,396,000) for renovation and/or general improvements to park and recreation facilities at Cerritos Park.

M.   Two million dollars ($2,000,000) for development and/or general improvements, including development of gymnasium/community activity facility, at City Terrace Park.

N.   Two hundred fifty thousand dollars ($250,000) for security and/or general improvements at Devils Punchbowl.

O.   One million six hundred fifty thousand dollars ($1,650,000) for expansion, development, and/or rehabilitation of facilities serving senior citizens or to comply with the Americans With Disabilities Act (ADA) at parks in the East Los Angeles and San Gabriel Valley areas including, but not limited to, Avocado Heights, Basset, Salazar, Atlantic Blvd., and/or Belvedere.

P.   One million seven hundred thousand ($1,700,000) for development, rehabilitation and/or general improvements at El Cariso Park.

Q.   One million five hundred thousand dollars ($1,500,000) for rehabilitation and/or general park improvements at Franklin D. Roosevelt Park.

R.   Two million two hundred seventy-four thousand dollars ($2,274,000) for development of community recreation facilities and/or general improvements to the facilities at Gunn Avenue Park.

S.   One million dollars ($1,000,000) for renovation of campground and/or general park improvements at Hart Regional Park.

T.   One million five hundred thousand dollars ($1,500,000) for development of regional pool facilities and/or other park improvements at Jackie Robinson Park.

U.   One million seven hundred forty-eight thousand dollars ($1,748,000) for development, rehabilitation and/or other general park improvements at Jesse Owens Park.
V.   One million five hundred thousand dollars ($1,500,000) for general renovation and improvements to facilities at John Anson Ford Theatre.

W.   One million three hundred ten thousand dollars ($1,310,000) for renovation and/or general improvements at La Mirada Park.

X.   Four hundred thousand dollars ($400,000) for development and/or general improvements at Ladera Park.

Y.   One hundred twenty-five thousand dollars ($125,000) for development and/or improvement of recreational facilities at Lake Los Angeles which are open and accessible to the public.

Z.   Five hundred thousand dollars ($500,000) for development, improvements and/or expansion at Lennox Park.

AA.  One million two hundred thousand dollars ($1,200,000) for development of gymnasium/community activity facility and/or general improvements at Loma Alta Park.

     BB.  Five hundred fifty thousand dollars ($550,000) for rehabilitation, renovation, development and/or general improvements at Los Robles Park.
CC.  Six hundred thousand dollars ($600,000) for development of sports complex and/or general improvements at Magic Johnson Park.
DD.  Eight hundred ten thousand dollars ($810,000) for rehabilitation and/or general improvements at Manzanita Park.
EE.  Two hundred thousand dollars ($200,000) for improvements to the campground at Marshall Canyon Regional Park.
FF.  Two hundred fifty thousand dollars ($250,000) for rehabilitation of park facilities at Mona Park.
GG.  Three million seven hundred thousand dollars ($3,700,000) for acquisition, development, rehabilitation and/or general improvements of parks, natural lands and/or recreation facilities in the North County area, including but not limited to George Lane and Charles White Parks, and including but not limited to, the communities of Acton, Altadena, Littlerock and Pearblossom.
HH.  One million five hundred thousand dollars ($1,500,000) for development of regional pool facilities and/or other park improvements at Pamela Park.
II.  Two hundred thousand dollars ($200,000) for refurbishment of picnic areas and camp grounds and/or general improvements at Peck Park.
JJ.  Five hundred thousand dollars ($500,000) for acquisition, development, security improvements and/or general improvements at Placerita Canyon County Park.
KK.  One hundred twelve thousand dollars ($112,000) for development and/or general improvements at Rogers Park.
LL.  Three hundred thousand dollars ($300,000) for development, refurbishment, rehabilitation and/or general improvements at Rosas Park.
MM.  One hundred thousand dollars ($100,000) for refurbishing hard courts and/or lighting at Rowland Heights Park.
NN.  One hundred thousand dollars ($100,000) for development and/or general improvements to facilities at San Dimas Park.
OO.  Five hundred thousand dollars ($500,000) for refurbishment and development and/or general improvements at Santa Fe Dam Park.
PP.  Seven hundred thirty thousand dollars ($730,000) for rehabilitation and development at Ume Grove and/or other general park improvements at Schabarum Park.
QQ.  Eight hundred thousand dollars ($800,000) for general improvements at facilities serving senior citizens in accordance with the following schedule:
I.   Two hundred fifty thousand dollars ($250,000) for general improvements and/or rehabilitation of senior citizen facilities in the North County.
ii.  Five hundred fifty thousand dollars ($550,000) for general improvements and/or rehabilitation of senior citizen facilities in the East Los Angeles area, the San Gabriel Valley, and the Puente Hills area of the County.
RR.  Two million one hundred sixty thousand dollars ($2,160,000) for accessibility improvements, general development, and rehabilitation of park and recreation facilities serving senior citizens, youth and/or at-risk youth in the Puente Hills and South County areas, including, but not limited to, Trailview, Country Wood and Blevins Parks.
SS.  Four hundred seventy thousand dollars ($470,000) for rehabilitation and/or general improvements at Steinmetz Park.
TT.  One hundred fifty thousand dollars ($150,000) for improvement and/or general restoration of trails in the north county.
UU.  Two million dollars ($2,000,000) for development, improvement, and/or rehabilitation of urban park facilities serving the community, youth and/or at-risk youth in densely populated, highly urbanized areas in the Central area of the County including, but not limited to, the communities of Athens, Watts, Willowbrook, and Florence.
VV.  One million six hundred fifty thousand dollars ($1,650,000) for development, improvement, and/or rehabilitation of urban park facilities serving the community, youth and/or at-risk youth in densely populated, highly urbanized areas in the East Los Angeles area and the San Gabriel Valley.
WW.  Six hundred seventy-five thousand dollars ($675,000) for acquisition, development and improvement of active sports fields at Val Verde Park.
XX.  One million two hundred thousand dollars ($1,200,000) for development of nature center/museum, and/or general improvements at Vasquez Rocks Regional Park.
YY.  Five hundred thousand dollars ($500,000) for development and/or general improvements at Victoria Park.
ZZ.  Three hundred sixty thousand dollars ($360,000) for refurbishment of the pool and/or facilities at Washington Park.
AAA. Two hundred thousand dollars ($200,000) for general park and/or security improvements at the Whittier Narrows Nature Center.
BBB. Three million three hundred thousand dollars ($3,300,000) for refurbishment, development, expansion and/or general improvements at Whittier Narrows Park.
(2)  Seven million dollars ($7,000,000) to the Department of Parks and Recreation for grants to Public Agencies and Nonprofit Organizations throughout the District on a competitive basis for trails, senior citizen facilities, urban tree planting, graffiti prevention, rivers and streams, and acquisition and/or restoration of natural lands.
(3)  Seven million dollars ($7,000,000) to the Department of Parks and Recreation for grants to Public Agencies and Nonprofit Organizations throughout the District on a competitive basis for acquisition, construction, development and/or improvement of at-risk youth recreation and service facilities throughout the District for gang prevention purposes.
(4)  Four million dollars ($4,000,000) to the Department of Public Works for capital outlay projects to restore and improve the Santa Monica Bay by measurably reducing the toxicity of and/or pollutant load in urban runoff to the Bay, and in accordance with the criteria set forth in Section 9 of this resolution.
(b)  Ninety-five million six hundred fifty thousand dollars ($95,650,000) for the acquisition, development, improvement, restoration or rehabilitation of real property for regional beaches, recreational facilities, parks and park safety, gang prevention, senior citizen recreation facilities, wildlife habitat, natural lands, State parks, trail and river systems, mountain ranges and canyons, significant ecological areas, and museums and cultural facilities in accordance with the following schedule:
(1)  Eight million dollars ($8,000,000) to the Department of Beaches and Harbors to acquire, develop or improve facilities to enhance beaches and public access, improve water quality, rehabilitate or restore existing facilities and improve the safety of beach facilities along the sixty miles of coastline within the County, at County-owned or operated beaches.

(2)  Eleven million dollars ($11,000,000) to the Department of Parks and Recreation for acquisition of lands for park, wildlife, natural and open space purposes, and for development of related recreation facilities and public access in the Baldwin Hills, including an amount not less than seven million dollars ($7,000,000) for acquisition of lands.
(3)  One million dollars ($1,000,000) to the City of Los Angeles for improvement and development of the Cabrillo Marine Aquarium in accordance with Cabrillo Marine Aquarium Master Plan.

(4)  Three hundred fifty thousand dollars ($350,000) to the Department of Parks and Recreation for development and improvements at Descanso Gardens.

(5)  Twelve million dollars ($12,000,000) to the California Museum of Science and Industry for land acquisition and improvements within Exposition Park and for improvements to the California Museum of Science and Industry in accordance with the California Museum of Science and Industry Exposition Park Master Plan, including an amount not less than eight million five hundred thousand dollars ($8,500,000) for the development and restoration of lands for park, recreational, community and open space use, and for walkways, tree-planting and landscape improvements, all within Exposition Park, including an amount not less than two million dollars ($2,000,000) for active recreation facilities; an amount not more than two million dollars ($2,000,000) for the improvement, development, renovation and rehabilitation of facilities, including exhibition spaces,  at the California Museum of Science and Industry in accordance with the California Museum of Science and Industry Master Plan; and an amount not less than one million dollars ($1,000,000) for the improvement, development, renovation and rehabilitation of facilities at the California Afro-American Museum.

(6)  Eighteen million dollars ($18,000,000) to the Department of Parks and Recreation for the development, improvement, restoration and rehabilitation of the Hollywood Bowl, including rehabilitation of facilities and aging infrastructure, improvement of public access and facilities and improvement of access for persons with disabilities, in accordance with the approved Hollywood Bowl Master Plan, and/or for grants to qualified Nonprofit Organizations for these purposes.

(7)  One million four hundred fifty thousand dollars ($1,450,000) to the Department of Parks and Recreation for the improvement, restoration and rehabilitation of the Los Angeles Arboretum, and/or for grants to qualified Nonprofit Organizations for these purposes.

(8)  Five million dollars ($5,000,000) to the Department of Natural History Museum for the improvement, development, restoration and/or rehabilitation of facilities of the Los Angeles County Natural History Museum, including development of exhibition space, and/or for grants to qualified Nonprofit Organizations for these purposes.

(9)  Twelve million dollars ($12,000,000) to the Mountains Recreation and Conservation Authority (MRCA) for the acquisition, development, improvement and restoration of lands along the Los Angeles River, Tujunga Wash, Verdugo Wash, Pacoima Wash, Arroyo Seco, and Compton Creek, and other tributaries of the Los Angeles River as may be included by the Board, consistent with the Los Angeles County Los Angeles River Master Plan, for the purposes of providing recreational opportunities and public access, developing trails for walking, hiking, bicycling, and equestrian use, and restoring natural habitat for wildlife, along the entire length of the Los Angeles River and its tributaries (as defined in this paragraph).   The MRCA shall consult with the Department of Public Works and the supervisorial districts through whose boundaries the Los Angeles River flows in developing the list of projects to be considered for expenditure of the funds pursuant to this paragraph and to be submitted to the Board for approval.  The Department of Public Works shall review each proposed project for consistency with the Los Angeles River Master Plan and with the flood control plan of the Los Angeles River, and shall provide its findings to the MRCA to be submitted to the Board concurrently with projects submitted to the Board.  The Board shall disapprove a project that it finds to be inconsistent with the Los Angeles River Master Plan or that it finds will negatively impact existing or proposed flood control projects.  Not less than four million dollars ($4,000,000) shall be allocated for projects along the Los Angeles River in the Cities of Maywood, Lynwood, Compton and Bell Gardens, including projects along Compton Creek.  First priority for all expenditures shall be given to land acquisition projects which result in a net increase of park, recreation and open space lands.  No funds shall be expended on projects that could negatively impact any existing or proposed flood control project as determined by the Board of Supervisors.

(10) Twelve million dollars ($12,000,000) to the City of Los Angeles for the development, improvement and rehabilitation of the Los Angeles Zoo.  The funds shall be spent on the site of the Los Angeles Zoo and in accordance with the Los Angeles Zoo Master Plan.

(11) Two million five hundred thousand dollars ($2,500,000) to the City of Whittier for restoration and rehabilitation of the Pio Pico State Historic Park, in accordance with the Pio Pico State Historic Park General Plan.

(12) One million dollars ($1,000,000) to the City of Santa Clarita for the acquisition and development of lands for the Santa Clara River Park in accordance with the Santa Clara River Water and Recreation Features Plan.

(13) One million three hundred fifty thousand dollars ($1,350,000) to the Department of Parks and Recreation for general improvements to facilities at the South Coast Botanical Gardens.

(14) Ten million dollars ($10,000,000) to the Wildlife Corridor Conservation Authority for acquisition, improvement, and/or restoration of park and natural lands in the Puente Hills Wildlife Corridor east of Colima Road.

(c)    One hundred thirty-one million five hundred fifty thousand dollars ($131,550,000) to the Department of Parks and Recreation for grants to incorporated cities within the District and the County for the acquisition, development, improvement, rehabilitation or restoration of real property for parks and park safety, senior recreation facilities, gang prevention, beaches, recreation, community or cultural facilities, trails, wildlife habitat or natural lands in accordance with the following schedule:

(1)  Thirty-five million dollars ($35,000,000) for grants to all incorporated cities within the District and to the County on a per parcel basis, including funds on a per parcel basis to the County for the unincorporated area of the County.

(2)  Ninety-six million five hundred fifty thousand dollars ($96,550,000) for direct grants to cities in accordance with the following schedule:

A.   Five hundred thousand dollars ($500,000) to the City of Agoura Hills for the development of a regional community center and gymnasium in partnership with the City of Calabasas.

B.   Six hundred thousand dollars ($600,000) to the City of Alhambra for the rehabilitation and development of a walking/jogging trail system at Almansor Park.

C.   Two hundred thousand dollars ($200,000) to the City of Arcadia for the development and refurbishment of a soccer facility at Civic Center Park.

D.   Five hundred thousand dollars ($500,000) to the City of Artesia for the development of an at-risk youth recreation and service facility.

E.   Three hundred fifty thousand dollars ($350,000) to the City of Avalon for improvement of beaches and the recreational diving park at Casino Point in accordance with the Avalon Urban Waterfront Restoration Plan.

F.   Two hundred thousand dollars ($200,000) to the City of Baldwin Park for the rehabilitation and/or development of four regionally used sports fields.

G.   Four hundred thousand dollars ($400,000) to the City of Bellflower for the development of Bellflower’s portion of the West Branch Greenway and Bikeway project.

H.   Two hundred fifty thousand dollars ($250,000) to the City of Beverly Hills for the development and rehabilitation of Beverly Gardens Park.

I.   Eight hundred thousand dollars ($800,000) to the City of Burbank for the development of the Stough Canyon Nature Center Project and to develop and/or improve camping facilities at Stough Canyon.

J.   Five hundred thousand dollars ($500,000) to the City of Calabasas for the development of a regional community center and gymnasium in partnership with the City of Agoura Hills.

K.   One million one hundred seventy-five thousand dollars ($1,175,000) to the City of Claremont for the rehabilitation and development of a community center at the Danbury School site.

L.   One million dollars ($1,000,000) to the City of Covina or to the agency responsible for the operation of Charter Oak Park for development and improvement of Charter Oak Park.

M.   Four million two hundred thousand dollars ($4,200,000) to the City of Cudahy, in cooperation with the City of South Gate, for acquisition, improvement, and provision of public access for the Los Angeles River Recreation and Sports Complex adjacent to the Los Angeles River, and for restoration of riparian habitat.

N.   One million six hundred twenty-five thousand dollars ($1,625,000) to the City of Culver City for development of the Culver City Senior Center.

O.   Three hundred thousand dollars ($300,000) to the City of Downey for the rehabilitation and improvement of facilities at Rio San Gabriel Park.

P.   Four hundred thousand dollars ($400,000) to the City of Duarte for rehabilitation of the Duarte Regional Teen Center in partnership with the City of Bradbury.

Q.   One million five hundred thousand dollars ($1,500,000) to the City of El Monte for the development and improvement of the Community Center/Swimming Pool Complex.
R.   Two hundred fifty thousand dollars ($250,000) to the City of Gardena for the improvement and rehabilitation of park facilities at Rowley Park.

S.   One million six hundred thousand dollars ($1,600,000) to the City of Glendale for the development of the new Senior/Adult Recreation multi-purpose center.

T.   One million four hundred thousand dollars ($1,400,000) to the City of Glendora in accordance with the following schedule:

I.   Nine hundred thousand dollars ($900,000) for the development of a regional teen center.

ii.  Five hundred thousand dollars ($500,000) for the acquisition of wildlife lands and natural habitat in the Glendora Wildlife Corridor.

U.   Two hundred fifty thousand dollars ($250,000) to the City of Hawaiian Gardens for the expansion, improvement, and rehabilitation of the Lee Ware Community/Aquatics Facility.

V.   Five hundred seventy-five thousand dollars ($575,000) to the City of Hawthorne for the development of Memorial Center Gymnasium.

W.   One million dollars ($1,000,000) to the City of Hermosa Beach for the development, expansion and rehabilitation of the Hermosa Beach Municipal Pier and Waterfront Plaza.

X.   One million seven hundred twenty-five thousand dollars ($1,725,000) to the City of Inglewood for the development, improvement and rehabilitation of Centinela Park.

Y.   One million dollars ($1,000,000) to the City of La Mirada for the development of a Community/Senior Citizen Center.

Z.   Seven hundred thousand dollars ($700,000) to the City of La Puente for the development, improvement and/or rehabilitation of the La Puente Park Community Center with emphasis on facilities for at-risk youth and other community youth.

AA.  Six hundred thousand dollars ($600,000) to the City of Lakewood in accordance with the following schedule:

I.   Three hundred thousand dollars ($300,000) for the rehabilitation of athletic safety field lights at three regionally used city facilities.
ii.  Three hundred thousand dollars ($300,000) for the development and rehabilitation of multipurpose courts at the following city parks: Boyar, Bloomfield, Bolivar, Del Valle and San Martin.

BB.  One million eight hundred thousand dollars ($1,800,000) to the City of Lancaster in accordance with the following schedule:

I.   Eight hundred thousand dollars ($800,000) for the development of the Lancaster Regional Sports Complex.
ii.  One million dollars ($1,000,000) for the acquisition of prime desert woodland habitat and the development of public access to the Lancaster Prime Desert Woodland Preserve.

CC.  Two hundred seventy-five thousand dollars ($275,000) to the City of La Verne to develop and improve the La Verne Regional Sports Parks.

DD.  One hundred seventy-five thousand dollars ($175,000) to the City of Lawndale for the expansion and rehabilitation of Jane Addams Park.

EE.  Nine million nine hundred thousand dollars ($9,900,000) to the City of Long Beach in accordance with the following schedule:

I.   Five hundred thousand dollars ($500,000) for the development and rehabilitation of Belmont Pier.
ii.  Two million dollars ($2,000,000) for the rehabilitation of Belmont Plaza Pool including development of security systems.
iii. Three million five hundred thousand dollars ($3,500,000) for the development of the Park on Golden in downtown Long Beach.
iv.  Three million nine hundred thousand dollars ($3,900,000) for the acquisition, development and improvement of Westside Park..

FF.  Thirty million dollars ($30,000,000) to the City of Los Angeles in accordance with the following schedule:
i.   One million dollars ($1,000,000) to improve and restore natural habitat at the Ballona Lagoon Marine Preserve in accordance with the Ballona Lagoon Marine Enhancement Preserve enhancement plan.
ii.  One million eight hundred thousand dollars ($1,800,000) for the development and improvement of Cabrillo Marine Aquarium in accordance with the Cabrillo Aquarium Master Plan.
iii. Two million dollars ($2,000,000) for the development and improvement of Compton-Slauson Park.
iv.  Five hundred thousand dollars ($500,000) for the acquisition and/or development of lands for park purposes near Eagle Rock.
v.   One million nine hundred thousand dollars ($1,900,000) for the development and improvement of park and recreation facilities at Elysian Park including trails, picnic facilities, playground and landscaping, in accordance with the Elysian Park Master Plan, Bishop Canyon Improvement Project.
vi.  One million nine hundred thousand dollars ($1,900,000) for the development, and/or rehabilitation of the Travel Town Locomotive Pavilion at Griffith Park.
vii. One million eight hundred thousand dollars ($1,800,000) for the development of facilities and/or improvements related to the swim lake at Hansen Dam Recreation Area.

viii. Two million three hundred thousand dollars ($2,300,000) for the development, improvement, and/or rehabilitation of Housing Authority recreation facilities throughout the City of Los Angeles, including the San Fernando Valley.
ix.  Seven million dollars ($7,000,000) for acquisition, improvement, development and/or rehabilitation of park, recreation, community and open space lands and/or facilities, and/or for grants to Nonprofit Organizations for these purposes.

Funds shall only be spent in communities which meet the following criteria: 1) densely-populated, highly urbanized areas; 2) low per capita percentage of park, recreation, community or open space lands or facilities; 3) high population of youth, particularly at-risk youth, and where at least 25 percent of the community is under 18 years of age; and 4) lack of other positive recreation alternatives for youth.  Expenditure of funds shall result in a net increase of park, recreation, community or open space lands or facilities.  Not less than three million five hundred thousand dollars ($3,500,000) of these funds shall be spent on acquiring land or facilities for the purposes described in this paragraph.  Priority shall be given to projects which have matching funds, to densely-populated areas, projects which serve multiple communities, or joint applications from Public Agencies and qualified Nonprofit Organizations.

x.   One million five hundred thousand dollars ($1,500,000) for development and/or improvements at MacArthur Park including development of athletic fields.
xi.  Five hundred thousand dollars ($500,000) for the development and/or restoration of trails in the Northern and Northeast San Fernando Valley connecting to the Angeles National Forest, to be expended by the Santa Monica Mountains Conservancy as the Public Agency responsible for implementation of the Rim of the Valley Trail Corridor pursuant to subdivision of Section 33204.3 of the Public Resources Code.
xii. Two million eight hundred thousand dollars ($2,800,000) for the development, restoration and/or improvement of recreation facilities and restoration of natural lands at the Sepulveda Basin Recreation Area, including an amount not less than one million dollars ($1,000,000) for bicycle trails connecting to Sepulveda Basin, excluding trails along the Los Angeles River.   Not less than one million dollars ($1,000,000) shall be spent on restoration of the Sepulveda Basin Wildlife Area and the development of a native plant/wildlife area west of the existing wildlife area.
xiii.     Four million dollars ($4,000,000) for the acquisition and improvement of land for park and open space purposes adjacent to and in the vicinity of Stoney Point in the San Fernando Valley, to be expended by the Santa Monica Mountains Conservancy.  Any unexpended portion of these funds shall be used for acquisition of natural lands and open space within the wildlife corridor between Brown’s Canyon and the Santa Susana Mountains unit of the State Park System.
xiv. One million dollars ($1,000,000) for development and/or improvement of the Mid-Valley Senior Citizen Center in the San Fernando Valley.

GG.  Nine hundred seventy-five thousand dollars ($975,000) to the City of Lynwood for the development and improvement of Mervyn M. Dymally Congressional Park.

HH.  Seven hundred thousand dollars ($700,000) to the City of Malibu for the rehabilitation and restoration of the Malibu Pier.
II.  Five hundred thousand dollars ($500,000) to the City of Manhattan Beach for the development and improvement of the Cultural Arts Community Center.

JJ.  Five hundred thousand dollars ($500,000) to the City of Monrovia for the development and rehabilitation of the Recreation Park Armory Facility.

KK.  Four hundred fifty thousand dollars ($450,000) to the City of Montebello for the development and rehabilitation of the City Park Aquatics Center.

LL.  One million dollars ($1,000,000) to the City of Monterey Park for the development and rehabilitation of Barnes Park.

MM.  One million dollars ($1,000,000) to the City of Norwalk in accordance with the following schedule:

i.   Three hundred seventy five thousand dollars ($375,000) for the development and improvements to Foster Street Greenbelt and Regional Trail Connection.
ii.  Six hundred twenty five thousand dollars ($625,000) for the development, rehabilitation, and improvement to the Norwalk Aquatic Pavilion.

NN.  Two million five hundred thousand dollars ($2,500,000) to the City of Palmdale for the development of the Anaverde Basin/Sports Complex.

OO.  Five hundred thousand dollars ($500,000) to the City of Palos Verdes Estates for the acquisition of land for coastal access, trails and other open space purposes.

PP.  Three hundred thousand dollars ($300,000) to the City of Paramount for the development of an at-risk youth center located at Progress Park.

QQ.  One million nine hundred thousand dollars ($1,900,000) to the City of Pasadena in accordance with the following schedule:
i.   One million dollars ($1,000,000) for the development and rehabilitation of Hahamonga Watershed Park in accordance with the Hahamonga Park Master Plan.
ii.  Nine hundred thousand dollars ($900,000) for the development and rehabilitation of Brookside Park’s Fannie Morrison Facility for the planned Kidspace Museum.

RR.  One million dollars ($1,000,000) to the City of Pico Rivera for the development and rehabilitation of the Pico Rivera Community Center/Rio Hondo Park.

SS.  Four million dollars ($4,000,000) to the City of Rancho Palos Verdes for the acquisition of critical natural lands and wildlife habitat in the vicinity of Portuguese Bend for preservation as open space.

TT.  Three hundred thousand dollars ($300,000) to the City of Redondo Beach for the rehabilitation, development and/or improvement of Seaside Lagoon.

UU.  One million dollars ($1,000,000) to the City of Rolling Hills Estates for the acquisition of natural lands, wildlife habitat, open space and/or equestrian facilities.

VV.  One million dollars ($1,000,000) to the City of Rosemead for the development of Garvey Park Recreation Center.

WW.  One hundred fifty thousand dollars ($150,000) to the City of San Dimas for the development and rehabilitation of Horsethief Canyon Park Multi-Use Trail System.

XX.  Seven hundred thousand dollars ($700,000) for the City of San Fernando for the development of the Youth Activities Center at Las Palmas Park.

YY.  One million seven hundred thousand dollars ($1,700,000) to the City of San Gabriel for the acquisition and/or development of park and recreation facilities located adjacent to Smith Park.

ZZ.  Two million dollars ($2,000,000) to the City of Santa Clarita for the development and improvement of the Santa Clarita Valley Regional Park.

AAA. One million seven hundred thousand dollars ($1,700,000) to the City of Santa Monica for the improvement and rehabilitation of beach and bluff areas to improve access and to provide improvements for recreational activities.  Funds shall only be used for improvements to beach and park lands.

BBB. Two hundred fifty thousand dollars ($250,000) to the City of Signal Hill for the development of hiking trails around Signal Hill.

CCC. Two hundred seventy-five thousand dollars ($275,000) to the City of South El Monte for the development of boxing and weight room facilities at the Aquatics and Community Fitness Center.

DDD. Four hundred thousand dollars ($400,000) to the City of South Gate for the development and/or rehabilitation of an at-risk youth center at Hollydale Industrial Park.

EEE. One million five hundred thousand dollars ($1,500,000) to the City of Torrance in accordance with the following schedule:
i.   Three hundred thousand dollars ($300,000) for the development of a nature history center and improvements at Madrona Marsh Nature Preserve.
ii.  One million dollars ($1,000,000) for the development of the Sports Complex in Charles H. Wilson Park.
iii. Two hundred thousand dollars ($200,000) for rehabilitation and improvements to the Victor E. Benstead Plunge.

FFF. Four hundred thousand dollars ($400,000) to the City of Walnut for the development of the Senior Citizens Activity Center.

GGG. One million one hundred thousand dollars ($1,100,000) to the City of West Hollywood for the development and improvement of the Plummer Park Youth, Senior and Community Center.

HHH. Three million dollars ($3,000,000) to the City of Whittier in accordance with the following schedule:
i.   Five hundred thousand dollars ($500,000) for the development and improvement of Parnell Park.
ii.  Two million five hundred thousand dollars ($2,500,000) for the acquisition of natural lands within the Whittier Hills Wilderness area for preservation of wildlife and natural lands and to provide public access and trails, to be expended by the Whittier-Puente Hills Conservation Authority.
(d)  Twenty-two million seven hundred fifty thousand dollars ($22,750,000) to the Santa Monica Mountains Conservancy, pursuant to Division 23 of the Public Resources Code and the provisions of this resolution, to acquire sensitive and critical mountain and canyon lands, streams, wildlife lands, trails and scenic areas, and to develop parks, trails, public access, senior facilities and camps for at-risk youth in mountain and canyon areas, including lands and areas in the Santa Monica Mountains and the San Fernando Valley and San Gabriel Valley foothills, including seventeen million seven hundred fifty thousand dollars ($17,750,000) for lands and areas in the Santa Monica Mountains and including five million dollars ($5,000,000) for the Santa Clarita Woodlands and/or the Rim of the Valley Trail Corridor, with first priority being given to completion of the Santa Clarita Woodlands Park, and for grants to Nonprofit Organizations pursuant to Section 33204.2 of the Public Resources Code.

Section 4.  (a)  The grant funds authorized pursuant to Section 3 shall be subject to the District’s existing application and disbursement guidelines and procedures to the extent consistent with this resolution and as the same may be amended from time to time by the Board consistent with this resolution, and to the guidelines and procedures set forth in this resolution.  The Department of Parks and Recreation shall continue to administer the District’s grant application and disbursement program, and all applicants for a grant disbursed pursuant to Section 3 of this resolution shall submit an application to the Department of Parks and Recreation for grant approval.  The Department of Parks and Recreation shall notify all affected Public Agencies as to the date when funds for grants under this resolution will be available, which shall not be later than July 1, 1997.

     (b)  The recipient agency of funds for any specific identified project pursuant to this resolution and the 1992 Order shall hold a public hearing regarding funding such specific identified project, either individually or as part of a broader or more general public hearing prior to said agency’s application to the District for use of these funds.

     Section 5.  (a)  The grant funds authorized pursuant to subsection (c)(1) of Section 3 shall be allocated to cities which were incorporated on or prior to June 30, 1996, and to the County (representing the unincorporated area of the District), on the basis of each city’s and the unincorporated area’s respective total number of parcels of land (all as of June 30, 1996).  Such figures shall be determined by the Los Angeles County Assessor.

(b)  Individual applications for grants pursuant to subsection (c) (1) of Section 3 shall be submitted to the Department of Parks and Recreation for approval as to conformity with the requirements of this resolution.   In order to utilize available grant funds as effectively as possible, adjoining jurisdictions shall be encouraged to combine projects and submit joint applications.

(c)  The minimum amount that an applicant may request for any individual project is fifteen thousand dollars ($15,000).  Any agency may allocate all or a portion of its per parcel share to a regional or state project or another neighboring jurisdiction and all agencies shall be encouraged to form partnerships with school districts for park and recreation purposes.

(d)  Funds allocated to per-parcel grants pursuant to subsection (c)(1) of Section 3 shall be available for expenditure not later than July 1, 1997.  These funds shall be expended or committed for expenditure by the recipient by June 30, 2001.  Commencing on July 1, 2001, any such grant funds under subsection (c)(1) of Section 3 which are not expended or committed to expenditure by the recipient shall be available for allocation to one or more classes of expenditures specified in Section 3 that the Board deems in its sole discretion to be of the highest priority, consistent with the purposes of this resolution, and per parcel grant funds that were originally allocated to incorporated cities shall only be spent within municipalities.   Upon reallocation by the Board, the original recipient of the funds shall have no further claim to the funds.

(e)  (1)  Funds allocated to grants for specific identified projects pursuant to subsections (a)(1), (b) excluding paragraph (9), and (c)(2) of Section 3 shall be available for expenditure not later than July 1, 1997, and shall be expended or committed for expenditure by the recipient prior to June 30, 2003.   If these funds are not expended or committed for expenditure prior to June 30, 2003, then, after July 1, 2003 (except as provided in paragraph (2) of this subsection), the agency to which the funds are originally allocated for a specific identified project may submit to the Board an alternative plan for expenditure of the funds in accordance with the purposes of this resolution within the city or area of the District in which funds were originally authorized to be expended.  The Board, in its capacity as governing body of the District, may approve the plan by a majority vote.  If the revised plan of expenditure is approved by the Board, the reallocated funds shall be expended or committed to expenditure within three years after Board approval of the new plan of expenditure, and if not so expended or committed to expenditure within such three-year period, the funds shall be available to the Board for appropriation and expenditure within one or more of the classes of expenditures specified in Section 3 that the Board deems in its sole discretion to be of the highest priority, consistent with the purposes of this resolution.

The provisions of the foregoing paragraph shall also apply to funds allocated pursuant to paragraph (9) of subsection (b) of Section 3, except that the date June 30, 2003, shall instead be June 30, 2005.

(2)  The agency to which funds are originally allocated under subsection (a)(1), (b) excluding paragraph (9), and (c)(2) of Section 3 may submit to the Board an alternative plan for expenditure of said funds prior to July 1, 2003, only if one or more of the following conditions exists: (A) that due to natural disasters or other acts of nature the project is incapable of being carried out at the original designated site; (B) if an acquisition project, that no lands are for sale or can be acquired within the original designated project area; (C) that the original specific identified project will be carried out using an alternate source of funds; or (D) that the original specific identified project described in Section 3 of this resolution has been completed for less than the amount allocated.  The governing body of the recipient agency shall adopt a resolution making findings that one or more of the above conditions exist and the agency shall submit such resolution, together with detailed supporting documentation of such condition(s), to the Department of Parks and Recreation.

The provisions of the foregoing paragraph shall also apply to funds allocated pursuant to paragraph (9) of subsection (b) of Section 3, except that the date June 30, 2003, shall instead be June 30, 2005.

(3)  If funds allocated to grants for specific identified projects pursuant to subsections (a)(1) and (c)(2) of Section 3 are not expended or committed for expenditure by the recipient prior to June 30, 2003, and if an alternative plan for expenditure is not submitted to the Board prior to June 30, 2004, these funds shall be available to the Board for appropriation and expenditure within one or more of the classes of expenditures specified in Section 3 that the Board deems in its sole discretion to be of the highest priority, consistent with the purposes of this resolution.

Section 6.  (a)  Funds allocated to the City of Los Angeles pursuant to paragraphs (3) and (10) of subsection (b) of Section 3, and to the City of Santa Clarita pursuant to paragraph (12) of subsection (b) of Section 3 shall be subject to all of the provisions of this resolution which apply to the funds allocated pursuant to subsection 3(c).  Funds allocated to the City of Whittier pursuant to paragraph (11) of subsection 3(b) shall be subject to all of the provisions of this resolution which apply to the funds allocated pursuant to subsection 3(c), and the City of Whittier shall demonstrate to the satisfaction of the Department of Parks and Recreation that the State has authorized the City to expend such funds at the Pio Pico State Historic Park, and provided that the City has obtained all necessary approvals for such project; if the City of Whittier is unable to satisfy the conditions in this sentence, the funds shall be allocated for expenditure within the Whittier Hills in accordance with Section 3(c)(2)(HHH)(ii).

     (b)  If the City of Los Angeles elects to expend the funds allocated in subsection (c)(2)(FF)(iii) of Section 3 pursuant to an agreement with another Public Agency, the District shall grant these funds directly to said Public Agency, provided that the City of Los Angeles shall certify the long-term recreational use of the improvements.  The funds allocated to the City of Los Angeles in subsection (c)(2)(FF)(iv) of Section 3 shall be expended by the Santa Monica Mountains Conservancy as the public entity responsible for implementation of the Rim of the Valley Trail Corridor Master Plan pursuant to subdivision (c) of Section 33204.3 of the Public Resources Code.

Section 7.  (a)  The funds allocated in subsections (a)(2) and (a)(3) of Section 3 shall be available as grants on a competitive basis to Public Agencies and Nonprofit Organizations.  The funds shall be encumbered by the recipient within three years of the date when such grants are awarded.  The Department of Parks and Recreation shall allocate a share of such competitive funds for expenditure in the unincorporated area of the District using the same procedures specified in subsection (a) of Section 5.  The funds allocated pursuant to subsection (a)(2) of Section 3 for competitive grant programs shall be divided equally among the respective purposes specified therein, consistent with the procedures developed by the District for similar competitive grant funds pursuant to the 1992 Order.

(b)  Competitive funds allocated pursuant to Section 3 and the 1992 Order shall be made available on a regular annual basis until all such funds are encumbered, and the Department of Parks and Recreation shall notify affected Public Agencies and Nonprofit Organizations of the availability of such funds.   Organizations representing ten or more cities shall be given the opportunity by the Department of Parks and Recreation to be fairly represented in the evaluation process established by the Department of Parks and Recreation pursuant to the 1992 Order to evaluate all competitive grant applications.  For all competitive grants awarded pursuant to Section 3 and the 1992 Order to Nonprofit Organizations and to Public Agencies from a city with a population of 100,000 or less, costs eligible for reimbursement shall include reasonable costs of preparation of documents needed to apply to the District for the grant, including costs of biological assessments required pursuant to subsection (c) of Section 8, up to three percent (3%) of the total grant amount awarded.  In each year that competitive grant funds are available, an amount not less than two and one-half percent (2.5%) of funds available to the District in that year for administrative purposes shall be expended by the District through grants or contracts to independent firms or qualified Nonprofit Organizations for the purpose of providing a technical assistance program to Public Agencies and Nonprofit Organizations throughout the District in preparation of competitive grant requests.  The District shall prepare said technical assistance program for Board approval.  The Board shall have the ability to adjust the percentage of funds used for said purposes if it determines that the level of funding required to provide the Board-approved technical assistance program is less than the stated percentage.  Two hundred fifty thousand dollars ($250,000) of the amount allocated for competitive grants for trails shall be allocated to the Santa Monica Mountains Conservancy for expenditure within the Rim of the Valley Trail Corridor, and two hundred fifty thousand dollars ($250,000) of the amount allocated for competitive grants for trails shall be allocated to the Santa Monica Mountains Conservancy for expenditure within the Santa Monica Mountains.

(c)        All other criteria being equal, priority for allocation of any competitive grants under this resolution shall be given to those cities, and to Nonprofit Organizations applying jointly with those cities, which are not designated recipients of funds for specific identified projects in subsection (c)(2) of Section 3 of this resolution or subsection (b)(2) of Section 8 of the 1992 Order.  Any city or Nonprofit Organization which would otherwise be entitled to a priority under this subsection (c) shall not be entitled to such priority after it has been awarded a competitive grant under this resolution or the 1992 Order.

(d)       In awarding competitive grants, priority shall be given to those proposals which provide for the employment of youth, and particularly at-risk youth, from the area in which the proposed project is located, or which include or are to be administered by a Nonprofit Organization with a demonstrated history of youth employment, gang prevention and intervention, and training programs for at-risk youth, including local community conservation corps and the California Conservation Corps.  Such priority shall give due consideration to the employment of female, as well as male, at-risk youth.  In furtherance of this goal, the Board may adopt such rules and regulations, and impose such conditions on the recipients of funds under this resolution and the 1992 Order, as the Board may determine to be necessary or appropriate.

(e)       One or more individual jurisdictions may enter into an agreement with one or more Public Agencies or Nonprofit Organizations for the purpose of carrying out a grant pursuant to this Section, subject to the requirements of Sections 10 and 11.

Section 8.  (a)  Funds allocated for competitive grants for rivers and streams pursuant to subsection (a)(2) of Section 3 and the 1992 Order shall be available on a competitive basis as grants to Public Agencies and Nonprofit Organizations for the restoration, rehabilitation or acquisition of natural lands and the development of recreational resources along rivers and streams in the County, including the Santa Clara, San Gabriel and Los Angeles Rivers or their tributaries.  These funds shall be used only for the acquisition and/or restoration of lands for natural habitat, wildlife enhancement, and/or development of compatible recreational resources. No less than sixty percent (60%) of funds available for competitive grants for rivers and streams pursuant to subsection (a)(2) of Section 3 shall be used for acquisition, restoration and rehabilitation of natural lands along these rivers and streams.  Remaining funds shall be available for development of recreational resources compatible with any existing or restored natural habitat.

     (b)  Funds allocated for competitive grants pursuant to subsection (a)(3) of Section 3 shall be available as competitive grants for at-risk youth recreation and service facilities only for projects which demonstrate at least sixty percent (60%) usage of the facilities by at-risk youth.  The foregoing restriction shall also apply to funds allocated under the 1992 Order for competitive grants for at-risk youth recreation and service facilities.  Priority for these grants shall be given to those applications which demonstrate equal attention to the specific needs of girls and boys.  An amount not less than five hundred thousand dollars ($500,000) shall be granted to the Department of Children and Family Services for development and/or improvement of at-risk youth recreation and service facilities at MacLaren Hall.  An amount not less than two million five hundred thousand dollars ($2,500,000) shall be allocated to the Mountains Recreation and Conservation Authority for acquisition and development of an at-risk youth camp in the Whittier Puente Hills east of Colima Road for the use of, and accessible to, at-risk youth from densely-populated, highly-urbanized areas with a high population of at-risk youth and with low per capita percentage of park, recreation, community or open space lands or facilities.

(c)  Funds allocated for competitive grants for acquisition and/or restoration of natural lands pursuant to subsection (a)(2) of Section 3 shall be available on a competitive basis as grants to Public Agencies and Nonprofit Organizations for the acquisition, improvement and/or restoration of natural lands including but not limited to coastal sage scrub, desert, coastal dunes, coastal prairies, chaparral, vernal pools, oak woodlands, forests and native grasslands habitat.  Applications for these grant funds shall include a biological assessment of the site including current and historical information, a restoration plan and a long-term habitat management plan.   Applicants shall provide documentation of consultation with experts in conservation biology and natural habitat restoration and shall provide documentation that said plans and assessments have been reviewed by these experts.

     Section 9.  (a)  Funds authorized pursuant to subsection (a) (4) of Section 3 shall be available for grants to Public Agencies and shall be expended only for capital outlay projects which meet one or more of the following criteria: (1) protect public health in recreational waters; (2) preserve and enhance the ecological integrity of significant watersheds containing Significant Ecological Areas; (3) are Best Management Practices as defined in the Storm Water NPDES permit for the County and approved by the Executive Officer of the Los Angeles Regional Water Quality Control Board; and (4) reduce runoff into Santa Monica Bay where the runoff travels across lands that contribute large amounts of toxic pollutants to the storm drain system, or measurably reduce the toxicity of that runoff.  Proposed projects shall be submitted to the Regional Water Quality Control Board for review and approval.

(b)  The Department of Public Works shall prepare, and submit to the Board for approval, a timeline and proposed criteria and procedures for evaluating grants authorized pursuant to subsection (a)(4) of Section 3 of this resolution (and subsection (a)(6) of Section 8 of the 1992 Order) no later than March 30, 1997.   The Regional Water Quality Control Board shall in a public process review and give final approval to the criteria and procedures for evaluating these grants.

     Section 10.  No funds authorized under Section 3 may be disbursed to any recipient unless the recipient agrees:

(a)  To maintain and operate in perpetuity the property acquired, developed, improved, rehabilitated or restored with the funds.  With the approval of the granting agency, the recipient or its successors in interest in the property may transfer the responsibility to maintain and operate the property in accordance with this Section.

(b)  To use the property only for the purposes of this resolution and to make no other use, sale, or disposition of the property, except as provided in Section 11.

(c)  Any beach, park or other public facility acquired, developed, rehabilitated or restored with funds derived under this resolution shall be open and accessible to the public without discrimination as to race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or medical handicap, medical condition, or place of residence, to the extent consistent with the provisions of Section 13.  The recipient shall not discriminate against, or grant preferential treatment to, any person or organization seeking to use such facility based upon the place of residence of such person or the members of such organization.

(d)  To comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended, to the extent necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes, or other evidences of indebtedness issued to finance such disbursement of funds to such recipient.

The conditions specified in paragraphs (a), (b), (c) and (d) of this Section shall not prevent the transfer of property acquired, developed, improved, rehabilitated or restored with funds authorized pursuant to Section 3 of this resolution from the recipient to another Public Agency, to a Nonprofit Organization authorized to acquire, develop, improve, restore and/or operate real property for park, wildlife, recreation, community, open space or gang prevention and intervention purposes, or to the National Park Service,  provided that any such successor to the recipient assumes the obligations imposed by such conditions.

Section 11.  (a)  Before the use of any property acquired, developed, improved, rehabilitated or restored through a grant pursuant to this resolution is changed to one other than a use permitted under the category from which the funds were provided, or the property is sold or otherwise disposed of, the recipient of said funds must hold a public hearing relative to such proposed change in use or sale or other disposition of said property, and at the conclusion of such public hearing, the recipient must adopt a finding that the proposed change in use or sale or other disposition of said property will further the purposes of this resolution.  If the recipient adopts such a resolution and proceeds with the change in use or sale or other disposition of said property, an amount equal to the greater of (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion of such property acquired, developed, improved, rehabilitated, or restored with the grant, shall be used by the recipient, subject to Section 10, for a purpose authorized in the category to which the funds were originally allocated or shall be reimbursed to the Parks Fund and be available for appropriation only for a use authorized in that category.

If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the recipient, subject to Section 10, for a purpose authorized in the category to which the funds were originally allocated or shall be reimbursed to the Parks Fund and be available for appropriation only for a use authorized in that category.

(b)  Nothing in this Section shall limit a grantee from transferring property acquired pursuant to this resolution to the National Park Service or the State Park System, with or without consideration.

Section 12.  (a)  All real property acquired pursuant to this resolution shall be acquired in compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code.  Public Agencies and Nonprofit Organizations receiving funds under this resolution shall certify compliance to the Department of Parks and Recreation.  Funds
disbursed to a Public Agency under this resolution may be expended by that receiving Public Agency, or by a joint exercise of powers entity established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code pursuant to an agreement with such receiving Public Agency.

     (b)  For purposes of this resolution, the term “acquisition” includes gifts, purchases, leases, easements, the exercise of eminent domain if expressly authorized, the transfer or exchange of property of like value, transfers of development rights or credits, and purchases of development rights and other interests.

(c)  All grants, gifts, devises, or bequests to the District, conditional or unconditional, for park, conservation, recreational, community, cultural, wildlife habitat, natural lands or other purposes for which real property may be acquired or developed pursuant to this resolution, shall be made in the name of the County and accepted and received on behalf of the District in the name of the County by the Board.  The grants, gifts, devises or bequests shall be available for expenditure for the purposes specified in Section 3.

     Section 13.  Reasonable public access to lands acquired in fee with funds made available pursuant to this resolution shall be provided except where that access may interfere with resource protection.  “Reasonable public access” includes, but is not limited to, parking and public restrooms.

Section 14.  All funds of the District allocated to projects which include tasks that can be performed by youth, including but not limited to the rehabilitation, restoration and/or development of beach, park, recreation, open space and/or natural lands, and recreation and community facilities, shall be used to the maximum extent feasible to employ at-risk youth from the community in which the particular project is being carried out.  In furtherance of the goal of increasing employment opportunities for at-risk youth, the Board may adopt such rules and regulations, and impose such conditions on recipients of funds under the 1992 Order and this resolution, as the Board may determine to be necessary or appropriate.

Section 15.  To the maximum extent feasible, Public Agencies and Nonprofit Organizations shall be encouraged to use funds received pursuant to this resolution to provide funding through agreements with community conservation corps, the California Conservation Corps, and with other community organizations, particularly when youth can be employed to work on restoration or rehabilitation projects being carried out in their own communities.   Such agreements shall be entered into solely for the accomplishment of the purposes set forth in this resolution.

Section 16.  Prior to recommending the acquisition of lands that are located on or near tidelands, submerged lands, swamp or overflowed lands, or other wetlands, whether or not those lands have been granted in trust to a local Public Agency, any agency receiving funds pursuant to this resolution shall submit to the State Lands Commission any proposal for the acquisition of those lands.  The State Lands Commission may, at its discretion, within ninety (90) days after such a submission, review the proposed acquisition, make a determination as to the State’s existing or potential interest in the lands, and report its findings to the entity making the submission and to the Department of Parks and Recreation.

Section 17.  (a) Funds that are granted pursuant to Section 3 for the purposes of development, improvement, rehabilitation and/or restoration shall be expended for these purposes only on lands owned by the applicant Public Agency or Nonprofit Organization or subject to a lease or other interest held by such Public Agency or Nonprofit Organization.  If such lands are not owned by the applicant or subject to such other interest held by the applicant, the applicant shall first demonstrate to the satisfaction of the administering agency that the project will provide public benefits commensurate with the type and duration of the interest in land held by the applicant.

(b)   No wetlands or riparian habitat acquired pursuant to this resolution shall be used as a dredge spoil area or shall be subject to revetment which damages the quality of the habitat for which the property was acquired.

(c)  Any restoration of natural habitat lands restored pursuant to this resolution and the 1992 Order shall use only species native to California to the maximum extent feasible.  Funds allocated pursuant to Section 3 that are used for landscaping, planting trees or any other planting projects shall use drip irrigation or other water conserving irrigation systems and shall use drought-resistant or xerophytic trees, plants, lawn or sod, except when such use can be shown to be infeasible.  When projects involve the rehabilitation of existing irrigation systems or the creation of new irrigation systems, reclaimed water should be used whenever possible and priority shall be given to development of reclaimed water irrigation systems.  Any recipient of funds for planting on natural lands shall make every effort to use only plant species and vegetation types which are appropriate to the local ecosystem of the site.

(d)  Notwithstanding subsection (e) of this Section, the development of recreational resources or facilities pursuant to this resolution and the 1992 Order shall not degrade the natural values present or being restored along rivers, tributaries and wetlands, nor shall they be used for flood control projects.

     (e)  Any project funded pursuant to this resolution and the 1992 Order shall include sufficient funds to mitigate damage done to natural lands as a result of said project as otherwise required by law. 

     (f)  No funds shall be used to pay for mitigation which is required to be carried out by state or federal law in connection with a project or activity which is not funded pursuant to this resolution or the 1992 Order.

Section 18.  No provision of this resolution shall be construed as authorizing the condemnation of publicly-owned lands.

Section 19.  Funds provided to the Santa Monica Mountains Conservancy shall be held and disbursed by the District and, upon application by the Conservancy, shall be expended solely for projects approved by the Board, pursuant to such criteria as the Board may in its discretion adopt; provided, that said funds shall be for projects identified in the annual work program of the Conservancy transmitted to the Governor and the Legislature pursuant to paragraphs (1) and (2) of subdivision (a) of Section 33208 of the Public Resources Code, as amended from time to time after a noticed public hearing, and provided that the Board may disapprove a project in an incorporated city only upon a finding that the acquisition or improvement of a project will involve the acquisition of or access to a site identified or proposed for present or potential future sanitary landfill purposes by the County, or involve any other land or project which may directly or indirectly hinder or impact the ability of the County to use any site so identified for such purposes.  All land acquired in whole or in part with funds allocated to the Conservancy hereunder shall be purchased from willing sellers, and in no event shall funds allocated to the Conservancy hereunder be used to pay or reimburse the purchase price of land acquired through the exercise of the power of eminent domain.

Disbursement of funds pursuant to subsection (d) of Section 3 shall be governed by the procedures specified for the 1992 order in the order of the Board dated March 29, 1994, and such method of disbursement shall continue to apply to the 1992 Order and to funds provided pursuant to this resolution, except that funds shall be expended within five years of disbursement.

Section 20.  If funds are allocated in a citywide measure adopted by the City of Los Angeles in 1996 for any project located at the site of a project identified in subsections (c)(2)(FF)(i) through (xiv), inclusive of Section 3, and in subsection (b)(3) or (b)(10) of Section 3, the funds allocated in this resolution for that project may be reallocated by the Board for another project with regional recreation or open space benefit consistent with the purposes of this resolution within the City of Los Angeles.  Such project shall be approved by the City Council of the City of Los Angeles.

Section 21.  (a)  The Department of Parks and Recreation shall administer for the District all funds for the projects and programs described in this resolution.  Administrative costs eligible for funds available for project planning and design of projects funded pursuant to this resolution and the 1992 Order shall include project design and inspection when said inspection is required by the agency responsible for carrying out the project.  In any year, a recipient agency may utilize an amount not more than one percent (1%) of the funds which it is eligible to receive under subsection (b) of Section 23 for reimbursement of accounting and bookkeeping costs as applicable overhead to pay for compliance with the District’s accounting and reporting requirements.

(b)  Consistent with subsection (a) of Section 23, proceeds of the Additional Assessment shall be used for: (i) costs of maintenance and servicing of projects funded by the District (whether such projects were funded through the application of cash proceeds of assessments or proceeds of bonds, notes or other evidences of indebtedness issued by the District in accordance with this resolution or the 1992 Order) or otherwise acquired pursuant to this resolution, (ii) payment of actual administrative costs associated with carrying out the purposes of the District, by the District and recipient Public Agencies, and (iii) either to pay directly the costs of projects authorized pursuant to this resolution or the 1992 Order, or to pay debt service on any bonds, notes or other evidences of indebtedness of the District.

(c)  It is the intention of the District to issue bonds, notes or other evidences of indebtedness, to fund all or a portion of the costs of the projects listed in Section 3 of this resolution.  Such bonds, notes or other evidences of indebtedness may be issued in one or more series at such times and in such principal amounts as the Board may determine in its sole discretion.

     (d)  All proceeds of the Additional Assessment shall be deposited into the Parks Fund established pursuant to the 1992 Order.  The Auditor-Controller of the County, on behalf of the District, may create any other funds, accounts or subaccounts necessary or desirable to account for the funds of the District, including the proceeds of assessments and bonds, notes and other evidences of indebtedness issued by the District.

(e)  In accordance with the 1992 Order, all revenue generated by the District, including the proceeds from the issuance of any bonds, notes or other evidences of indebtedness, shall be deposited in the Parks Fund and shall be allocated among all affected Public Agencies within the District as defined in Section 5506.9 of the California Public Resources Code, for expenditure consistent with the purposes of Division 5, Chapter 3, Article 3 of said Public Resources Code and of the 1992 Order and this resolution.  The County shall be reimbursed from the Parks Fund for the actual costs of administration of the District and the costs of issuance of bonds, notes or other evidences of indebtedness by the District.

(f)  If the County purchases a surety bond to replace cash in a debt service reserve fund, either before or after bonds are issued, the cash so replaced shall be allocated in the same manner described in Section 24.

(g)  No proceeds of any bonds, notes or other evidences of indebtedness issued by the District shall be used for any operations, maintenance or servicing purposes, except that such proceeds may be used to pay all costs incidental to the preparation and issuance of bonds, notes or other evidences of indebtedness of the District.

(h)  The amounts of all allocations designated in Section 3 are net amounts, and shall not be reduced for administrative costs of the District.

(i)  The District shall contract for an independent audit to be conducted annually by an independent auditing firm for the purposes of determining compliance by the District with the terms of this resolution and the 1992 Order, and to report on the status of all expenditures, grants and contracts as of the end of each fiscal year, including all fund balances; such audit to be completed and such auditor’s report to be issued by January 1 of the following year.

The Board may establish by resolution the scope of the annual audit which may include among other things an audit of the funds received and expended pursuant to this resolution and the 1992 Order by any recipient agency, including but not limited to the Department of Parks and Recreation, the Santa Monica Mountains Conservancy, the City of Los Angeles and the Department of Beaches and Harbors.

(j)  The District shall manage its revenues and issue debt in a manner so as to ensure that sufficient funds are available in accordance with the terms of the Master Indenture to finance all capital outlay projects specified in Section 3 of this resolution and in Section 8 of the 1992 Order by the end of fiscal year 2008-09, and shall annually prepare a Plan of Revenues and Expenditures for the entire life of the 1992 Assessment and the Additional Assessment which demonstrates such availability of funds.  The annual Plan of Revenues and Expenditures shall be prepared following completion of the annual audit referred to in subsection (i) of this Section and shall be adopted by the Board prior to June 30 of each year.  In preparing the Plan of Revenues and Expenditures the District shall consult with an independent Financial Consultant, and may incorporate directly or by reference all or any portion of the engineer’s report prepared by the District for that fiscal year.

Section 22.  The Additional Assessment shall be levied for a period of twenty-two (22) years beginning with the fiscal year in which such Additional Assessment is first levied and collected by the District.

Section 23.  (a)  In each of the first twenty (20) years after the date the Additional Assessment is first levied and collected, a minimum of eighty percent (80%) of all proceeds of the Additional Assessment levied and collected by the District shall be used for capital outlay projects, including, but not limited to, acquisition and improvement of real property.  For purposes of this resolution, capital outlay projects include the servicing of bonds, notes or other evidences of indebtedness issued by the District.

(b)  On an annual basis, fifteen percent (15%) of all proceeds of the Additional Assessment and the 1992 Assessment (or such greater percentage of the proceeds of the Additional Assessment and the 1992 Assessment, not to exceed twenty percent (20%), as determined by the Board) shall be set aside and designated as the maintenance and servicing amount, and shall be used only to maintain and service capital outlay projects funded by the District pursuant to the 1992 Order and this resolution.

Such maintenance and servicing amount of the Additional Assessment and the 1992 Assessment shall be allocated each year as follows: (1) to the County (for the benefit of the Department of Parks and Recreation, or the Department of Beaches and Harbors, or any other applicable department as determined by the Board), an amount obtained by multiplying the aggregate amount of such maintenance and servicing funds to be allocated for such year by a fraction, the numerator of which is the number of parcels of land in the unincorporated area of the County and the denominator of which is the total number of parcels of land in the County; (2) to the Santa Monica Mountains Conservancy, or any other agency designated by it to manage properties acquired pursuant to this resolution or the 1992 Order by the Conservancy or any joint powers entity to which the Conservancy is a party which has acquired properties pursuant to the 1992 Order or this resolution, a percent of the total maintenance and servicing funds that equals the percent of the total capital outlay funds that are allocated to and/or to be expended by the Santa Monica Mountains Conservancy and Mountains Recreation and Conservation Authority pursuant to Section 3 of this resolution; and (3) except as provided in the next paragraph, to each incorporated city within the District, an amount obtained by multiplying the maintenance and servicing funds remaining after the allocations described in the preceding clauses (1) and (2) by a fraction, the numerator of which is the number of parcels of land in such city and the denominator of which is the total number of parcels of land in the incorporated areas of the County.  Of the maintenance and servicing funds allocated to the County in this resolution and the 1992 Order, the Department of Beaches and Harbors shall be allocated an amount obtained by dividing the total amount of funds allocated to the Department of Beaches and Harbors in this resolution and the 1992 Order by the total amount of funds allocated for specific identified projects and for per parcel grants to the Department of Parks and Recreation in this resolution and the 1992 Order.  On an annual basis, one million seven hundred thousand dollars ($1,700,000) shall be deducted from the maintenance and servicing funds allocated to the City of Los Angeles in this resolution and the 1992 Order, and such amount shall be used to pay debt service on bonds, notes or other evidences of indebtedness issued to fund the project described in Section 8(b)2.V.x of the 1992 Order.   In the event of an inconsistency between this Section and Section 23 of the 1992 Order, this Section shall prevail.

The allocations described in this Section 23 shall be made only to those recipients which certify that (1) such funds shall be used only to maintain and service projects funded by the District pursuant to this resolution or the 1992 Order, and (2) such funds shall be used to supplement existing levels of service and not to fund existing levels of service.

(c)  If operation and maintenance and/or ownership of the County’s beaches are transferred to a non-County entity in the future, the funds allocated pursuant to this section for maintenance and servicing of the County’s beaches shall be re-allocated by the Board for maintenance and servicing of projects funded by this resolution or the 1992 Order.

Section 24.   (a)  To the extent permitted by applicable law and not inconsistent with the other provisions of this resolution, in each fiscal year, as determined by the independent audit conducted pursuant to subsection (i) of Section 21, a portion of the excess of (1) assessment revenues collected pursuant to this resolution and the 1992 Order plus investment earnings thereon, and any other revenues of the District (excluding bond proceeds or any other evidences of indebtedness, but including collections of delinquent assessments and interest and penalties thereon), all cumulative to the date of the independent audit, over (2) amounts expended for capital outlay (excluding capital outlay funded with bond proceeds or other borrowed funds), and amounts expended or allocated for maintenance and servicing, administrative costs and debt service, all cumulative to the date of the independent audit (such excess being hereinafter referred to as the “Excess”), shall be allocated by the Board for grants in furtherance of the purposes of this resolution and the 1992 Order.  The independent Financial Consultant referred to in subsection (j) of Section 21 shall annually determine what portion of the Excess from the prior year may be made available in the next fiscal year pursuant to this Section 24 without impairing the ability of the District to finance all capital outlay projects specified in Section 3 of this resolution and in Section 8 of the 1992 Order by the end of fiscal year 2008-09 and without impairing the District’s ability to issue or repay bonds, notes or other evidences of indebtedness (such amount being hereinafter referred to as the “Available Excess”).  The independent Financial Consultant shall make a recommendation as to the Available Excess to the District for its use in preparing the annual Plan of Revenues and Expenditures referred to in subsection (j) of Section 21.  In each year, 80% of the Available Excess as identified in the Plan of Revenue and Expenditures approved by the Board shall be allocated by the Board pursuant to this section and in accordance with the following schedule (to the extent permitted by applicable law and not inconsistent with the other provisions of this resolution): 80% shall be allocated for capital projects and 20% shall be allocated for maintenance and servicing of those capital projects.

(b)  Over the life of the 1992 Assessment and the Additional Assessment, a total of ten percent (10%) of the funds expended for capital outlay pursuant to subsection (a) shall be allocated for competitive grants pursuant to subsections (a)(2) and (a)(3) of Section 3, which shall be allocated equally among each supervisorial district; the remainder of the funds to be expended pursuant to subsection (a) of this Section shall be equally distributed between the category of highest priority regional open space and recreation projects (as defined in this Section) and the category of regional park and recreation facilities (as determined by the District).  Of the annual amount of funds allocated pursuant to this Section, capital funds shall be available only to those agencies which have expended or committed to expenditure the capital funds allocated to said agencies in any category of expenditure under this resolution and the 1992 Order, except that the amount available for the category of regional park and recreation facilities shall be equally distributed between grants to the County and incorporated cities.  Grants to incorporated cities shall be made only to those cities that have expended or committed to expenditure all funds allocated to them in all categories of expenditure under this resolution and the 1992 Order.  In any year, first priority for expenditure of funds under this section shall be given to land acquisition projects. Capital funds not encumbered in any fiscal year shall be available for reallocation by the Board, pursuant to this section, in the subsequent annual allocation.

(c)  For purposes of this section, “highest priority regional open space and recreation projects” shall mean projects for the purposes of and expended by the agencies identified in subsections (b)(2), (b)(9), (b)(14), and (d) of Section 3, including the Santa Clarita Woodlands, and for projects along Ballona Creek consistent with the purposes and conditions specified in subsection (b)(9).

Section 25.  Individuals who qualify for the California Property Tax Postponement Program (Sections 20581 et seq. of the California Revenue and Taxation Code) may also qualify for postponement of the Additional Assessment.  The Treasurer and Tax Collector of the County shall notify those individuals who have qualified for the Property Tax Postponement Program of this provision.

Section 26.  The method of assessment contained in the Engineer’s Report with respect to the 1992 Assessment is hereby amended to the extent and with the effect that the portion of any vacant parcel of land, and the vacant portion of any partially improved parcel of land, in excess of two and one-half acres shall not be assessed.  Notwithstanding any discrepancies, differences or variations between the Engineer’s Report with respect to the 1992 Assessment and the Engineer’s Report with respect to the Additional Assessment, it is the intent of this resolution that the method of assessment with respect to both the 1992 Assessment and the Additional Assessment shall be identical in all respects.  Any such discrepancies, differences or variations in the method of assessment shall be resolved in favor of the Engineer’s Report with respect to the Additional Assessment.

Section 27.  Any revenue generated by the District (including the proceeds of any indebtedness of the District) which is available for capital outlay purposes, may be applied to fund any project contemplated under the 1992 Order or this resolution.  In furtherance of this provision, proceeds of the 1992 Assessment which are to be applied to capital outlay purposes may be applied to fund projects under this resolution, and proceeds of the Additional Assessment which are to be applied to capital outlay purposes may be applied to fund projects under the 1992 Order.   In addition, any proceeds of the 1992 Assessment or the Additional Assessment which are to be applied to capital outlay purposes may be applied to pay the principal of, or interest on, any bonds, notes or other indebtedness of the District, regardless of the time of issuance or the use of the proceeds of such bonds, notes or indebtedness.

Section 28.  In case any provision of this resolution shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this resolution shall not in any way be affected or impaired thereby.

Section 29.  This resolution shall not take effect unless approved by a majority of the voters of the County voting on the matter at a general or special election called by the Board for such purpose.  If so approved by the voters, this resolution shall take effect, and the Additional Assessment shall exist and be deemed approved, all as of the date of the election, without regard to the date of certification of the election results.

Section 30.  The officers and employees of the County and ex officio the officers and employees of the District, are and each of them acting alone is, hereby authorized and directed to take any and all actions which are necessary or desirable to carry out the purposes of this resolution and the 1992 Order.

Section 31.  The County Counsel is hereby authorized and directed to prepare a final text of this resolution, incorporating all amendments to the version on file with the Clerk of the Board on June 13, 1996, and approved by the Board, including appropriate paragraph numbering and/or lettering, cross references and other technical or conforming changes as County Counsel may deem necessary or desirable to carry out the Board’s intent and for clarity and ease of reading.  Technical and conforming changes shall include but not be limited to the insertion of new paragraphs in the appropriate place with an appropriate numerical or letter designation and the renumbering or re-lettering of other subsections and paragraphs to reflect the insertion, together with the updating of cross-references to such renumbered and re-lettered subsections and paragraphs in other portions of the resolution.

Section 32.  The list of improvements in the Final Engineer’s Report is amended to conform with descriptive and fiscal changes made to projects in Section 3 of this resolution.
The foregoing resolution was on the 18th day of June, 1996, adopted by the Board of Supervisors of the County of Los Angeles and ex-officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts.

JOANNE STURGES, Executive Officer-Clerk of
the Board of Supervisors of the County of Los
Angeles


By: _______________________________
Deputy
APPROVED AS TO FORM:

DE WITT W. CLINTON
County Counsel


By: _______________________________
       Principal Deputy County Counsel

The people of the Los Angeles County Metropolitan Transportation Authority (MTA) do ordain as follows:

Section 1. Title

This Ordinance shall be known and may be cited as the Metropolitan Transportation Authority (MTA) Reform and Accountability Act of 1998 (“Act”).

Section 2. Ballot Language

The Proposition for approving this Ordinance shall appear upon the ballot exactly as follows:
PROPOSITION ___, METROPOLITAN TRANSPORTATION AUTHORITY (MTA) REFORM AND ACCOUNTABILITY ACT OF 1998. Shall the ordinance be adopted to require an annual independent audit of Metropolitan Transportation Authority spending of transportation sales tax revenues, to establish an independent citizens’ oversight committee to monitor such spending, and to prohibit the use of transportation sales tax revenues for future subway construction?

Section 3. Purpose and Intent

The people of the County of Los Angeles hereby declare their purpose and intent in enacting this Act to be as follows:

a. To restore the confidence of the citizens of Los Angeles County in the ability of their government to provide a safe, efficient and cost-effective public transportation system.

b. To provide accountability in the expenditure of transportation sales tax revenues through an annual independent audit, and through creation of an Independent Citizens’ Advisory Oversight Committee to review transportation sales tax expenditures, hold public hearings and issue reports thereon.

c. To prohibit the use of any transportation sales tax revenues for planning, designing, constructing or operating any new subway.

Section 4. Definitions

a. “Commission” means the Los Angeles County Transportation Commission, as predecessor to the Metropolitan Transportation Authority.

b. “Effective Date” means the date on which this Act is approved by a majority of the electors voting on it at an election as provided by law.

c. “MOS-1″ means that segment of the Metro Red Line known as Minimum Operable Segment-1, consisting of a 4.4-mile segment of the Metro Red Line including passenger vehicles, fare collection equipment, automatic train control equipment, yards and shops required for the full construction of the Metro Red Line alignment and five stations located between Union Station and Alvarado Street.

d. “MOS-2″ means that segment of the Metro Red Line known as Minimum Operable Segment-2, totaling 6.7 miles in length, consisting of a westward extension from the end of MOS-1 to Vermont Avenue, and thereafter splitting into a west branch which continues west under Wilshire Boulevard to Western Avenue, and a north branch which continues under Vermont Avenue to Hollywood Boulevard and Vine Street.

e. “MOS-3-North Hollywood” means only that portion of the segment of the Metro Red Line known as Minimum Operable Segment-3 which begins at the end of the north branch of MOS-2 in Hollywood (Hollywood Boulevard and Vine Street) and continues generally northward to Lankershim Boulevard and Chandler Boulevard.

f. “MTA” means the Los Angeles County Metropolitan Transportation Authority.

g. “New Subway” means any Subway (including any extension or operating segment thereof) other than MOS-1, MOS-2 and MOS-3-North Hollywood.

h. “Proposition A” means Ordinance No. 16 of the Commission adopted on August 20, 1980, and approved by the voters on November 4, 1980.

i. “Proposition C” means Ordinance No. 49 of the Commission adopted on August 8, 1990, and approved by the voters on November 6, 1990.

j. “Proposition A Sales Tax” means the ½ cent retail transactions and use tax imposed pursuant to Proposition A.

k. “Proposition C Sales Tax” means the ½ cent retail transactions and use tax imposed pursuant to Proposition C.

l. “Subway” means that part of any rail line which is in a tunnel below the grade level of the earth’s surface.

m. “Committee” shall mean the Independent Citizens’ Advisory and Oversight Committee established pursuant to this Act.

Section 5. Independent Audit

a. Within 45 days after the Effective Date, the MTA shall contract for an independent audit to be conducted by an independent auditing firm, such audit to be concluded not later than June 1, 1999, for the purpose of determining compliance by the MTA with the provisions of Proposition A, Proposition C and this Act relating to the receipt and expenditure of Proposition A Sales Tax revenues and Proposition C Sales Tax revenues. This audit shall cover the period from the respective effective dates of Proposition A and Proposition C through June 30, 1998.

b. Commencing with the 1998-99 fiscal year, the MTA shall contract for an annual independent audit to be conducted by an independent auditing firm, each such audit to be completed within six months after the end of the fiscal year being audited, for the purpose of determining compliance by the MTA with the provisions of Proposition A, Proposition C and this Act relating to the receipt and expenditure of Proposition A Sales Tax revenues and Proposition C Sales Tax revenues during such fiscal year.

c. Prior to entering into a contract with an auditing firm to perform any audit required under this Section 5, the MTA shall solicit bids from at least three qualified firms and shall award the contract to the firm offering to perform the audit at the lowest price. Notwithstanding any other provision of law, the cost of performing and publishing the audit of Proposition A Sales Tax shall be paid from Proposition A Sales Tax revenues, and the cost of performing and publishing the audit of Proposition C Sales Tax shall be paid from Proposition C Sales Tax revenues.

Section 6. Independent Citizens’ Advisory and Oversight Committee

a. There is hereby established the Independent Citizens’ Advisory and Oversight Committee of the MTA. The Committee shall meet at least twice each year to carry out the purposes of this Act.

The Committee shall be comprised of five persons, selected as follows: one member shall be appointed by the Chair of the Los Angeles County Board of Supervisors; one member shall be appointed by the Chair of the governing board of the MTA; one member shall be appointed by the Mayor of the City of Los Angeles; one member shall be appointed by the Mayor of the City of Long Beach; and one member shall be appointed by the Mayor of the City of Pasadena. The members of the Committee must be persons who live in Los Angeles County. No elected city, county, special district, state or federal public officeholder will be eligible to serve as a member of the Committee.

All meetings of the Committee shall be held within Los Angeles County. All meetings of the Committee shall be held in compliance with the provisions of the Ralph M. Brown Act (Section 54950 et seq. of the California Government Code).
Each member of the Committee shall serve for a term of two years, and until a successor is appointed. No member of the Committee shall be entitled to any compensation, except that the Committee may reimburse actual expenses of members arising out of the performance of their duties as Committee members.

b. The independent auditing firm referenced in Section 5 shall present the results of each audit to the Committee which shall cause a summary of the audit to be published in local newspapers and the entire audit to be made available to every library located within Los Angeles County for public review. The Committee shall hold a public hearing on each audit and report the comments of the public to the MTA. Within 60 days of receipt of the report from the Committee, the MTA shall prepare a report containing its response to the audit and to the public comments thereon.

Section 7. Prohibition on New Subways

Notwithstanding any other provision of law, Proposition A Sales Tax revenues and Proposition C Sales Tax revenues shall not be used to pay any cost of planning, design, construction or operation of any New Subway (including debt service on bonds, notes or other evidences of indebtedness issued for such purposes after March 30, 1998). Nothing in this section shall be construed to prohibit the use of such tax revenues on or after the Effective Date of this Act to pay debt service on bonds, notes or other evidences of indebtedness issued prior to March 30, 1998, or on bonds issued to refund such debt.

Section 8. Construction of Prior Ordinances

Commencing on the Effective Date, the MTA shall, at least annually, comply with the revenue allocation percentages set forth in Section 5(c) of Proposition A and Section 4(b) of Proposition C, such compliance to be determined as part of the annual audit described in Section 5 of this Act. The MTA may, by resolution, adopt a compliance period shorter than an entire fiscal year, but may not adopt a longer compliance period.

Section 9. Improvement of Railroad Rights-of-Way

Notwithstanding any other provision of law, Proposition C Sales Tax revenues required to be used to provide essential county-wide transit-related improvements to freeways and State highways may also be used to provide public mass transit improvements to railroad rights-of-way.

Section 10. Effective Date of Act

This Act shall be enacted and take effect immediately on the Effective Date.
Section 11. Construction of Act

This Act is intended to be construed liberally to effectuate its purpose of prohibiting the use of sales tax revenues to fund New Subways.

Section 12. Effect on Existing Ordinances

Proposition A and Proposition C shall remain in full force and effect, except as provided in this Act, and in the event of any conflict between the provisions of Proposition A or Proposition C, respectively, and this Act, the provisions of this Act shall control.

Section 13. Severability Clause

If any provision of this Act, or part thereof, is for any reason held to be invalid, illegal or unconstitutional, the remainder of this Act shall not be affected, but shall remain in full force and effect, and to such end the provisions of this Act are severable.

In November 2002, County voters approved by a 73%-27% margin Yaroslavsky’s proposal to enact a 3 cents/sq.ft. parcel tax on improvements (buildings) to fund trauma and emergency services and bioterrorism preparedness efforts Countywide. The measure is expected to yield some $168 million annually, and represents the first increase in the base property tax approved by voters since the enactment of Proposition 13 in 1978.

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDING FOR AND GIVING NOTICE OF A SPECIAL TAX ELECTION TO BE
HELD IN THE COUNTY OF LOS ANGELES ON NOVEMBER 5, 2002, AND CONSOLIDATING THE
SPECIAL TAX ELECTION WITH OTHER ELECTIONS TO BE HELD ON NOVEMBER 5, 2002

WHEREAS, the Board of Supervisors recognizes that it is necessary and desirable that the County of Los Angeles (the “County”) levy a special tax within the County to provide funding for the Countywide System of Trauma Centers, Emergency Medical Services, and Bioterrorism Response; and

WHEREAS, the Board of Supervisors deems it necessary and essential to submit the question of a special tax to the qualified voters within the County at a special tax election to be held on November 5, 2002, and to consolidate such election with the other elections to be held on that date;

NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Los Angeles as follows:

Section 1. A special tax election shall be held and the same is hereby called and ordered to be held in the County on the 5th day of November, 2002, for the purpose of submitting to the voters of the County the question of a special tax to be levied by the County in the amounts and for the purposes hereinafter set forth.

Section 2. Commencing with Fiscal Year 2003-2004, an annual special tax to raise revenue to support the Countywide System of Trauma Centers, Emergency Medical Services, and Bioterrorism Response, is hereby imposed upon all improved parcels located within the County of Los Angeles. For the initial fiscal year, July 1, 2003 to June 30, 2004, the special tax shall be the sum of 3 cents per square foot of structural improvements, excluding the square footage of improvements used for parking. For each fiscal year after 2003-2004, the Board of Supervisors shall by majority vote set the rate of the tax; however, in any fiscal year the rate may be set no higher than the amount of 3 cents per square foot, as adjusted by the cumulative increases, if any, to the medical component of the Western Urban Consumer Price Index from July 1, 2003, as established by the United States Bureau of Labor Statistics. If for any fiscal year the Board fails to set the rate, the tax shall continue at the same rate as the preceding year.

Section 3. As used in this resolution, the “Countywide System of Trauma Centers” refers to that System coordinated by the Department of Health Services, consisting of both public and privately operated resources, that seeks to build and sustain a Countywide system of prehospital and hospital trauma care including care provided in, or en route to, from, or between acute care hospitals, Trauma Centers, or other health care facilities. The funds raised by this tax will be used, in part, to maintain all aspects of the Countywide System of Trauma Centers; to expand the System to cover all areas of the County; to provide financial incentives to keep existing Trauma Centers within the System; to pay for the costs of Trauma Centers, including physician and other personnel costs; to defray administrative expenses related to the foregoing, including the payment of salaries and benefits of Department of Health Services personnel and other incidental expenses; and to recover the costs of the special election called pursuant to Section 1 hereof, and the reasonable costs incurred by the County in spreading, billing and collecting the special tax.

Section 4. As used in this resolution, the term “Trauma Center” refers to a hospital that maintains specialized equipment and a panel of physician specialists, including a trauma surgeon available 24 hours a day, 7 days a week to treat trauma patients. In the case of private hospitals, “Trauma Centers” are designated by the County and operate pursuant to a contract with the County. Trauma is a critical injury most often caused by a physical force, frequently the consequence of motor vehicle crashes, falls, drowning, gun shots, fires and burns, stabbing, or blunt assault. Trauma is the leading cause of death in the first four decades of life, and the cost of maintaining a Trauma Center is often not fully reimbursed by insurance, even when a trauma patient has insurance.

Section 5. As used in this resolution, “Emergency Medical Services” refers to pre-hospital and hospital critical and urgent emergency care, including care provided in, or en route to, from or between acute care hospitals or other health care facilities. It is observed that in the 1990s there has been a decline in the number of facilities available in the County which provide Trauma Care or Emergency Medical Services, while at the same time the number of emergency and critical visits has dramatically increased. In addition, there is a growing percentage of emergency patients who are uninsured, such that emergency facilities are frequently uncompensated for their services. Eighty percent of California licensed emergency departments lost money during the 1998-99 fiscal year. These conditions have left many hospitals with no alternative but to close the doors of their emergency departments. As emergency care is often provided by the nearest available facility, such closures impact everyone in the County, whether or not they are insured.

Section 6. The funds raised by this tax will be used, in part, to coordinate and maintain a countywide system of Emergency Medical Services; to pay for the costs of Emergency Medical Services, including physician and other personnel costs; to defray administrative expenses related to the foregoing, including the payment of salaries and benefits of Department of Health Services personnel and other incidental expenses; and to recover the costs of the special election called pursuant to Section 1 hereof, and the reasonable costs incurred by the County in spreading, billing and collecting the special tax.

Section 7. As used in this resolution, “Bioterrorism Response” refers to activities undertaken, directly or through contract, or coordinated by, the County Department of Health Services to address the medical needs of persons exposed to bioterrorist or chemical attack. The funds raised by this tax will be used, in part, to enable the stockpiling of safe and appropriate medicines to treat persons affected by a bioterrorist or chemical attack; to train healthcare workers and other emergency personnel in dealing with the medical needs of those exposed to a bioterrorist or chemical attack; to provide medical screenings and treatment for exposure to biological or chemical agents in the event of bioterrorist or chemical attack; to ensure the availability of mental health services in the event of terrorist attacks; to defray administrative expenses related to the foregoing including the payment of salaries and benefits of Department of Health Services personnel and other incidental expenses; and to recover the costs of the special election called pursuant to Section 1 hereof, and reasonable costs incurred by the County in spreading, billing and collecting the special tax.

Section 8. The Auditor-Controller of the County of Los Angeles shall create a new account into which the proceeds from the special tax authorized herein shall be deposited. The Auditor-Controller shall file a report with the County Board of Supervisors, by no later than January 1, 2005, and by January 1 of each year thereafter, stating the amount of funds collected and expended pursuant to this measure, and also the status of the projects required or authorized to be funded pursuant to sections 3, 6 and 7 herein.

Section 9. The Department of Health Services of the County of Los Angeles shall expend the revenues raised from this special tax only for the purposes identified in sections 3, 6 and 7 herein.

Section 10. The Treasurer and Tax Collector of the County of Los Angeles shall collect the special tax authorized herein, for the initial Fiscal Year 2003-2004 and for subsequent fiscal years, on the tax roll at the same time and in the same manner, and subject to the same penalties as the ad valorem property taxes fixed and collected by or on behalf of the County of
Los Angeles.

Section 11. Insofar as feasible, all laws and procedures regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens and collections for secured roll ad valorem property taxes shall be applicable to the collection of this special tax. The secured roll tax bills shall be the only notices required for any special tax levied. The Assessor shall establish and administer an appeals process to address and correct potential errors or inequities in the levy of the special tax authorized herein.

Section 12. The Proposition for the County to levy a special tax shall appear on the ballot substantially as follows:
PRESERVATION OF TRAUMA CENTERS AND EMERGENCY MEDICAL SERVICES; BIOTERRORISM RESPONSE.
To avoid the life-threatening shutdown of Los Angeles County’s trauma network, maintain and expand the trauma network countywide, ensure more timely response to critical and urgent medical emergencies and respond effectively to biological or chemical terrorism, shall all property owners pay an annual tax of three cents per square foot of improvements (buildings) on developed property?
YES ____
NO ____
Section 13. The votes cast for and against the Proposition shall be separately counted and if the Proposition receives the required number of votes, two-thirds of the votes of the qualified electors voting on the Proposition, the special tax in the amounts and for the purposes stated herein shall be effective and levied by the County.

Section 14. All qualified voters residing within the County shall be permitted to vote in the election and in all particulars not recited in this resolution, the election shall be held as nearly as practicable in conformity with the Elections Code of the State of California.

Section 15. The special election called by this resolution shall be consolidated with the elections conducted by the Registrar-Recorder/County Clerk to be held in the County of
Los Angeles on November 5, 2002, and the Proposition shall be placed on the same ballot to the extent the elections are concurrent, and the same precincts, polling places, election officers and facilities shall be used for the elections.
Section 16. Based upon all of the facts before it on this matter, the Board of Supervisors finds that the submission of this question of a special tax to the voters is not subject to, or is exempt from, the California Environmental Quality Act ( CEQA) on the independent grounds that:
A. It is not a project as defined by 14 California Code of Regulations Section 15378
(b)(3 ) relating to ballot measures submitted to a vote of the people. The proposal for a special tax is required by law to be submitted to a vote as set out in this Resolution.
B. It is not a project as defined by 14 California Code of Regulations Section 15378 (b)(4) relating to the creation of government funding mechanisms which do not involve commitment to any specific project which may result in a potentially significant physical impact on the environment.
Further, the Board finds that the submission of this question to the voters also would be exempt from CEQA, if it were a project, on the independent basis of the following exemptions:
A. It is exempt based upon Public Resources Code Section 21080 (b)(8) and 14 California Code of Regulations Section 15273 (a) because the Board of Supervisors finds as specifically set out in this Resolution, that the special tax is for the purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits, (B) purchasing or leasing supplies, equipment or materials, (C) meeting financial reserve needs and requirements, and ( D) obtaining funds for capital projects necessary to maintain service within existing service areas;

B. It is exempt based upon 14 California Code of Regulations Section 15301 relating to the operation and minor alteration of existing public or private structures with a negligible expansion of an existing use;
C. It is exempt based upon 14 California Code of Regulations Section 15061 (b)(3) which provides the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the submission of this question to the voters will have a significant effect on the environment.

The foregoing resolution was on the _____ day of July, 2002, adopted by the Board of Supervisors of the County of Los Angeles and ex-officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts.
VIOLET VARONA-LUKENS, Executive Officer-Clerk of the Board of Supervisors of the County of Los Angeles
By:________________________________
Deputy
APPROVED AS TO FORM:
LLOYD W. PELLMAN
County Counsel
By:_____________________________
Deputy
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