BILL NUMBER: SB 307 CHAPTERED
BILL TEXT
CHAPTER 879
FILED WITH SECRETARY OF STATE OCTOBER 14,2001
PASSED THE SENATE SEPTEMBER 12, 2001
PASSED THE ASSEMBLY SEPTEMBER 10, 2001
AMENDED IN ASSEMBLY SEPTEMBER 5, 2001
AMENDED IN ASSEMBLY AUGUST 20, 2001
AMENDED IN ASSEMBLY JULY 17, 2001
AMENDED IN ASSEMBLY JULY 5, 2001
AMENDED IN SENATE JUNE 4, 2001
AMENDED IN SENATE APRIL 25, 2001
INTRODUCED BY Senator Vasconcellos
(Coauthors: Senators Bowen, Machado, Ortiz, Romero, Scott, and
Torlakson)
(Coauthors: Assembly Members Alquist, Aroner, Calderon, Cedillo,
Chan, Chu, Diaz, Florez, Goldberg, Kehoe, Liu, Shelley, and
Strom-Martin)
FEBRUARY 20, 2001
An act to add and repeal Chapter 1.73 (commencing with Section
5097.7) of Division 5 of the Public Resources Code, relating to
historical resources, and making an appropriation therefor.
(Approved by Governor October 13, 2001. Filed with
Secretary of State October 14, 2001.)
I have signed SB 307 with a deletion of the $450,000 General Fund
appropriations.
This bill would create the California Japantown Preservation Pilot
Project, which would require the State Librarian to provide a
one-time grant to the City of Los Angeles, the City of San Jose and
the City and County of San Francisco to promote the preservation of
these important neighborhoods.
Although I am deleting the appropriation, I am signing AB 1602
that, if enacted by the voters, will provide $267.5 million for
cultural and historical preservation capital outlay projects.
Additionally, I am directing the Department of Parks and Recreation
to provide $150,000 from existing resources for the purposes of the
bill until other appropriate sources of funding are available.
GRAY DAVIS, Governor
LEGISLATIVE COUNSEL'S DIGEST
SB 307, Vasconcellos. Historical resources: California Japantown
Preservation Pilot Project.
(1) Existing law vests with the Department of Parks and Recreation
control of the state park system, and requires the department to
administer various programs relating to state historical resources.
Existing law also requires local legislative bodies, or the local
planning agency if directed by the local legislative body, to prepare
specific plans for the systematic implementation of the jurisdiction'
s general plan.
This bill would create, until July 1, 2004, the California
Japantown Preservation Pilot Project, which would require the State
Librarian to provide a one-time grant to the City of Los Angeles, the
City of San Jose, and the City and County of San Francisco, for the
purposes of aiding in the preparation, adoption, or implementation of
specific plans that promote the preservation of existing Japantown
neighborhoods in those jurisdictions. The bill would require any
city or city and county that receives a grant under the program to
consult with a community organization, as defined, in preparing the
specific plan, as defined. By imposing additional duties on
specified local governments, this bill would impose a state-mandated
local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(3) The bill would appropriate $450,000 from the General Fund to
the California Research Bureau of the California State Library for
the implementation of the pilot program.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California is distinguished as the most culturally and
ethnically diverse state in the nation; yet, it is home to only a
handful of remaining tangible treasures that reflect the history and
traditions of our ethnic communities and towns. The history of those
treasures is characterized by adversity, profound commitment, hard
work, community initiative, triumphs, indomitable spirits, and hope
for the future together with all-too-frequent destruction of their
treasured places.
(b) Saving our ethnic communities is critical to our state and our
nation. Not only are they sites of buildings, businesses and
landmarks of historic and cultural significance, they are vital hubs
that draw millions of people from all over the world who relate to
and learn from their culture, history, food, and other elements of
their heritage.
(c) Many of the few remaining communities are in critical danger
of being lost to urban decay, neglected earthquake damage,
encroaching economic forces and demographic shifts.
(d) For example, prior to World War II, more than 40 historical
and geographic Japanese-American communities flourished throughout
the United States. Sadly, today only three remain, all in
California: San Francisco, San Jose, and Los Angeles.
(e) Each of these existing Japantowns, as well as several other
communities reflecting different ethnic heritages, has already
embarked on a community preservation and economic development
planning process using existing resources. However, the complex
dynamics of preserving historic structures, while simultaneously
working to revitalize the surrounding area, require comprehensive,
culturally sensitive and collaborative approaches that are currently
beyond the scope and funding resources of existing state programs,
local government agencies, and community-based programs.
(f) Those communities are often impeded in their efforts to seek
additional resources because they are not necessarily a discreet,
physically or geographically contained monument to a community's
ethnic heritage, but rather are a diverse, unconnected assemblage of
physical structures linked together by ethnic, cultural and historic
bonds.
(g) The three remaining Japantowns in California face the
immediate challenge of integrating development and urban renewal
proposals that are not consistent with the cultural character of
Japantown neighborhoods. While economic development within Japantown
neighborhoods and communities is both welcomed and encouraged, that
development should be guided by a comprehensive vision of the future
with a commitment to the history and cultural character of the
neighborhoods and communities. It is the intent of the Legislature
in enacting Chapter 1.73 (commencing with Section 5097.7) of Division
5 of the Public Resources Code to assist cities and cities and
counties in developing plans, or in implementing existing plans, for
the preservation of Japantowns within their jurisdictions.
SEC. 2. Chapter 1.73 (commencing with Section 5097.7) is added to
Division 5 of the Public Resources Code, to read:
CHAPTER 1.73. CALIFORNIA JAPANTOWN PRESERVATION PILOT PROJECT
5097.7. (a) To implement the purposes of this chapter, the State
Librarian shall provide a one-time grant in equal amounts to each of
the following recipients:
(1) The City of Los Angeles.
(2) The City and County of San Francisco.
(3) The City of San Jose.
(b) Any city or city and county that receives a grant pursuant to
this chapter shall utilize that grant money to aid in the
preparation, adoption, or implementation of specific plans, in a
manner that promotes the preservation of the existing Japantown
neighborhoods in that jurisdiction. In addition to any public
participation required under the current law, the city or city and
county shall work, in consultation with a community organization
designated by the legislative body of the city or city and county to
develop a plan that is consistent with this section, or to implement
an existing plan. A city or city and county that receives a grant
pursuant to this chapter may utilize that grant money to aid in the
implementation of an existing plan that promotes the preservation of
a Japantown within its jurisdiction if that plan meets both of the
following requirements:
(1) Was prepared with involvement from the Japantown stakeholders.
(2) Has been adopted by the city's or city and county's
legislative body as consistent with its general plan.
(c) As used in this section, "specific plan" means a plan that is
adopted by the legislative body of the city or city and county that
meets the requirements of Article 8 (commencing with Section 65450)
of Chapter 3 of Division 1 of Title 7 of the Government Code, or the
corresponding provisions of any applicable municipal ordinance, rule,
or regulation. Alternatively, any city or city and county that has
adopted both a business district plan and a redevelopment plan that
focuses exclusively on the revitalization of the Japantown area may,
by resolution of its legislative body, designate those existing plans
as its specific plan for the purposes of this chapter.
(d) As used in this section, "community organization" means any
organization that is either of the following:
(1) A task force appointed by the legislative body of the city or
city and county made up of representatives from the various groups of
interested parties listed in paragraph (2).
(2) An organization that is registered with the Secretary of State
as a California corporation whose objectives include the planning,
preservation, and development of a Japantown in a city or city and
county identified in subdivision (a), and whose board of directors
includes, but is not limited to, all of the following:
(A) Residents of the area identified as Japantown in the city or
city and county receiving the grant.
(B) Business owners whose businesses are located in the area
identified as Japantown in the city or city and county receiving the
grant.
(C) Owners of property located in the area identified as Japantown
in the city or city and county receiving the grant.
(D) Representatives of nonprofit organizations that serve the area
identified as Japantown, or any other interested party from the city
or city and county receiving the grant.
(e) During the preparation and adoption process of a specific plan
described in this section, a city or city and county that receives a
grant pursuant to this chapter shall, in consultation with an
organization as defined in subdivision (d), review any proposed
development within the area identified as Japantown and shall not
approve the development unless the city or city and county makes
findings and issues a written determination that the proposed
development will not be inconsistent with, nor detrimental to, the
proposed specific plan. The proposed development in the Japantown
area shall be evaluated through the review process for all of the
following:
(1) Its impact on the cultural and historical character of
Japantown.
(2) Its impact on the current infrastructure of Japantown.
(3) Its ability to enhance the overall vitality of Japantown and
address Japantown community's needs.
5097.71. (a) By December 30, 2004, the State Librarian shall
provide a report to the Legislature regarding the accomplishments of
the grant program established pursuant to this chapter.
(b) The report described in subdivision (a) may be utilized as a
model for the creation of a permanent program within the Department
of Parks and Recreation for the purpose of preserving and protecting
other historic ethnic and culturally significant neighborhoods and
communities.
5097.72. This chapter shall become inoperative on July 1, 2004,
and, as of January 1, 2005, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2005, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
SEC. 4. The sum of four hundred fifty thousand dollars ($450,000)
is hereby appropriated from the General Fund to the California
Research Bureau of the California State Library, for allocation to
the State Librarian, to be distributed as grants in equal amounts in
accordance with Chapter 1.73 (commencing with Section 5097.7) of
Division 5 of the Public Resources Code. Up to 5 percent of the funds
appropriated may be used by the State Librarian for the
administrative costs to implement that chapter and to prepare a
report as described in Section 5097.71 of the Public Resources Code.