Existing law provides a process for the establishment of recreation and park districts, which includes certain provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and provides that a recreation and park district may organize, promote, conduct, and advertise programs of community recreation, establish systems of recreation and recreation facilities, and acquire, construct, improve, maintain, and operate recreation facilities. Existing law enumerates the powers and duties of recreation and park districts.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the publics enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. Existing law requires the Secretary of the Natural Resources Agency, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, to appoint the Lower Los Angeles River Working Group to develop, on or before March 1, 2017, a revitalization plan for the Lower Los Angeles River watershed that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes, as prescribed.

This bill would specifically authorize the establishment of the Lower Los Angeles River Recreation and Park District, by petition or resolution submitted to the Los Angeles County Local Agency Formation Commission before January 1, 2019, subject to specified existing laws governing recreation and park districts, including their formation, except as provided. The bill would authorize specified city councils and the Los Angeles County Board of Supervisors to appoint the initial board of directors of the district. The bill would specify that certain of the enumerated powers and duties of the Lower Los Angeles River Recreation Park District provided by existing law are subject to the review and approval of the Los Angeles County Local Agency Formation Commission upon formation, change of organization, or reorganization under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The bill would specify that the district has financing authority under existing law and would further prescribe additional functions and duties of the district, including, but not limited to, the acquisition, construction, improvement, maintenance, and operation of open space and parks along the Lower Los Angeles River. Because a violation of an order or rule of the district would be a crime, this bill would impose a state-mandated local program. The bill would require the district to conduct those functions and duties in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River Recreation and Park District.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides a process for the establishment of recreation and park districts, which includes certain provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and provides that a recreation and park district may organize, promote, conduct, and advertise programs of community recreation, establish systems of recreation and recreation facilities, and acquire, construct, improve, maintain, and operate recreation facilities. Existing law enumerates the powers and duties of recreation and park districts.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the publics enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. Existing law requires the Secretary of the Natural Resources Agency, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, to appoint the Lower Los Angeles River Working Group to develop, on or before March 1, 2017, a revitalization plan for the Lower Los Angeles River watershed that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes, as prescribed.

This bill would specifically authorize the establishment of the Lower Los Angeles River Recreation and Park District, by petition or resolution submitted to the Los Angeles County Local Agency Formation Commission before January 1, 2019, subject to specified existing laws governing recreation and park districts, including their formation, except as provided. The bill would authorize specified city councils and the Los Angeles County Board of Supervisors to appoint the initial board of directors of the district. The bill would specify that certain of the enumerated powers and duties of the Lower Los Angeles River Recreation Park District provided by existing law are subject to the review and approval of the Los Angeles County Local Agency Formation Commission upon formation, change of organization, or reorganization under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The bill would specify that the district has financing authority under existing law and would further prescribe additional functions and duties of the district, including, but not limited to, the acquisition, construction, improvement, maintenance, and operation of open space and parks along the Lower Los Angeles River. Because a violation of an order or rule of the district would be a crime, this bill would impose a state-mandated local program. The bill would require the district to conduct those functions and duties in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River Recreation and Park District.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides a process for the establishment of recreation and park districts, which includes certain provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and provides that a recreation and park district may organize, promote, conduct, and advertise programs of community recreation, establish systems of recreation and recreation facilities, and acquire, construct, improve, maintain, and operate recreation facilities. Existing law enumerates the powers and duties of recreation and park districts.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the publics enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. Existing law requires the Secretary of the Natural Resources Agency, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, to appoint the Lower Los Angeles River Working Group to develop, on or before March 1, 2017, a revitalization plan for the Lower Los Angeles River watershed that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes, as prescribed.

This bill would specifically authorize the establishment of the Lower Los Angeles River Recreation and Park District District, by petition or resolution submitted to the Los Angeles County Local Agency Formation Commission before January 1, 2019, subject to specified existing laws governing recreation and park districts, including their formation, except as provided. The bill would authorize specified city councils and the Los Angeles County Board of Supervisors to appoint the initial board of directors of the district. The bill would specify that certain of the enumerated powers and duties of the Lower Los Angeles River Recreation Park District provided by existing law are subject to the review and approval of the Los Angeles County Local Agency Formation Commission, Commission upon formation, change of organization, or reorganization under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The bill would specify that the district has financing authority under existing law and would further prescribe additional functions and duties of the district, including, but not limited to, the acquisition, construction, improvement, maintenance, and operation of open space and parks along the Lower Los Angeles River. Because a violation of an order or rule of the district would be a crime, this bill would impose a state-mandated local program. The bill would require the district to conduct those functions and duties in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River Recreation and Park District.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides a process for the establishment of recreation and park districts, which includes certain provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and provides that a recreation and park district may organize, promote, conduct, and advertise programs of community recreation, establish systems of recreation and recreation facilities, and acquire, construct, improve, maintain, and operate recreation facilities. Existing law enumerates the powers and duties of recreation and park districts.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the publics enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. Existing law requires the Secretary of the Natural Resources Agency, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, to appoint the Lower Los Angeles River Working Group to develop, on or before March 1, 2017, a revitalization plan for the Lower Los Angeles River watershed that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes, as prescribed.

This bill would specifically authorize the establishment of the Lower Los Angeles River Recreation and Park District subject to specified existing laws governing recreation and park districts, including their formation, except as provided. The bill would authorize 9 specified city councils and the Los Angeles County Board of Supervisors to appoint the initial board of directors of the district. The bill would specify that the enumerated powers and duties of the Lower Los Angeles River Recreation Park District provided by existing law are subject to the review and approval of the Los Angeles County Local Agency Formation Commission, upon formation, change of organization, or reorganization under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The bill would further prescribe additional functions and duties of the district, including, but not limited to, the acquisition, construction, improvement, maintenance, and operation of open space and parks along the Lower Los Angeles River. Because a violation of an order or rule of the district would be a crime, this bill would impose a state-mandated local program. The bill would require the district to conduct those functions and duties in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River Recreation and Park District.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides a process for the establishment of recreation and park districts districts, which includes certain provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and provides that a recreation and park district may organize, promote, conduct, and advertise programs of community recreation, establish systems of recreation and recreation facilities, and acquire, construct, improve, maintain, and operate recreation facilities. Existing law enumerates the powers and duties of recreation and park districts.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the publics enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. Existing law requires the Secretary of the Natural Resources Agency, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, to appoint the Lower Los Angeles River Working Group to develop, on or before March 1, 2017, a revitalization plan for the Lower Los Angeles River watershed that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes, as prescribed.

This bill would create the specifically authorize the establishment of the Lower Los Angeles River Recreation and Park District and would subject the district to specified existing laws governing recreation and park districts, including their formation, except as provided. The bill would authorize 9 specified city councils and the Los Angeles County Board of Supervisors to appoint the initial board of directors of the district. The bill would require the initial board of directors to adopt a description of the territory to be included in the district and other specified information that existing law requires from the proponents for the formation of a new recreation and park district. The bill would specify that the enumerated powers and duties of the Lower Los Angeles River Recreation Park District provided by existing law are subject to the review and approval of the Los Angeles County Local Agency Formation Commission, upon formation, change of organization, or reorganization under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The bill would further prescribe the additional functions and duties of the district, including, but not limited to, promoting the development of the acquisition, construction, improvement, maintenance, and operation of open space and parks along the Lower Los Angeles River. Because a violation of an order or rule of the district would be a crime, this bill would impose a state-mandated local program. The bill would require the district to conduct those functions and duties in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River Recreation and Park District.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides for the protection, enhancement, and restoration of rivers in this state. Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the publics enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. Existing law prescribes the functions and duties of the conservancy with regard to the preservation and protection of lands and watersheds within the territory, as described, of the conservancy and imposes certain limitations on the conservancy with respect to actions that affect water or water management in those watersheds. Existing law requires the Secretary of the Natural Resources Agency, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, to appoint the Lower Los Angeles River Working Group to develop, on or before March 1, 2017, a revitalization plan for the Lower Los Angeles River watershed that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes, as prescribed.

Existing law provides for the protection, enhancement, and restoration of rivers in this state. Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the publics enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. Existing law prescribes the functions and duties of the conservancy with regard to the preservation and protection of lands and watersheds within the territory, as described, of the conservancy and imposes certain limitations on the conservancy with respect to actions that affect water or water management in those watersheds.

This bill would declare the intent of the Legislature to enact legislation that would preserve open space, promote recreational opportunities, and create watershed improvements along the Lower Los Angeles River. require the conservancy to identify projects, consistent with those limitations and the Los Angeles River Master Plan, that would maximize the capture of stormwater along the Lower Los Angeles River.

Existing law provides for the protection, enhancement, and restoration of rivers in this state. Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the publics enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River.

This bill would declare the intent of the Legislature to enact legislation that would preserve open space, promote recreational opportunities, and create watershed improvements along the Lower Los Angeles River.

 UNFINISHED BUSINESS  

Bill No: SB 1374

Author:

:

Vote:

PRIOR VOTES NOT RELEVANT

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 8/29/16 (Pursuant to Senate Rule 29.10)

AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley

ASSEMBLY FLOOR: 57-20, 8/23/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill authorizes the formation of the Lower Los Angeles River Recreation and Park District.

Assembly Amendments delete the Senate version of the bill and add the current language pertaining to the Lower Los Angeles River Recreation and Park District.

ANALYSIS:

Existing law:

1. Enacts the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH Act), which:
   1. Controls how local officials change the boundaries of cities and special districts, putting local agency formation commissions (LAFCOs) in charge of the proceedings.
   2. Directs LAFCOs to ensure that services are effectively and efficiently delivered, and local governments can only exercise their powers and provide services where allowed to by LAFCO, including the formation of new cities and special districts, modifications of existing boundaries, and dissolutions of unsustainable special districts.
2. Enacts the Recreation and Park District Law, which:
   1. Governs the 95 recreation and park districts in California.
   2. Provides two means for initiating the formation of a recreation and parks district:
      1. By petition signed by 25 percent of the registered voters in the proposed district’s territory, or
      2. By resolution of application by a city or county that contains the territory proposed to be included in the district.
   3. Requires recreation and park districts to follow the proceedings contained in the CKH Act and requires the petition or resolution to be submitted to LAFCO.
   4. Specifies the board membership of recreation and park districts, based on the territory that the district is proposed to include.
   5. Allows park districts to exercise numerous powers, including to:
      1. Organize, promote, conduct, and advertise community recreation programs and to acquire, construct, improve, maintain, and operate recreation facilities; and,
      2. Finance their operations by borrowing money and incurring indebtedness, levying fees, special taxes, and benefit assessments, as well as selling general obligation bonds and forming Mello-Roos community facilities districts.
3. Establishes the Lower Los Angeles River Working Group, which is tasked with developing a revitalization plan for the Lower River watershed and the communities through which it passes by March 1, 2017 (AB 530, Rendon, Chapter 684, Statutes of 2015).

This bill:

1. Authorizes, until January 1, 2019, the formation of the Lower Los Angeles River Recreation and Park District (District) pursuant to the CKH Act, and establishes the governance and powers for the District.
2. Requires, notwithstanding the provisions in the principal act that specify the selection of the initial board of directors (Board), the District's initial board of directors to consist of no more than 13 members as follows:
   1. The city councils of each of the following cities may appoint one representative: Vernon, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, and Long Beach.
   2. The Los Angeles County Board of Supervisors (Board of Supervisors) may appoint two public members. Requires one of the public members to be a representative of a nonprofit organization serving the Lower Los Angeles River region.
   3. The city councils of each of the following cities may jointly appoint one representative: Commerce, Downey, Montebello, and Pico Rivera. Requires the one representative jointly appointed to serve for a two-year term.
3. Requires a person appointed to the Board to serve at the pleasure of the city council or Board of Supervisors that made the appointment.
4. Authorizes the Board to be reorganized pursuant to the Recreation and Park District Law.
5. Requires the District, in addition to the powers and financing authority in the principal act which are subject to review and approval of the Los Angeles County LAFCO upon formation, change of organization, or reorganization, to do all of the following:
   1. Promote the development of open space and parks along the Lower Los Angeles River;
   2. Identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river, for the benefit and enjoyment of local communities; and,
   3. Acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River.
6. Requires the District to conduct the activities in 5) above, in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

Background

The Los Angeles River is entirely within the County of Los Angeles (County). The approximately 32 miles of the River upstream of the City of Vernon is considered to be the Upper River and is within the bounds of the City of Los Angeles. The approximately 19 miles of the Lower River include the Cities of Vernon, Commerce, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, Carson and Long Beach. The Lower River is fed by the tributaries Compton Creek and Rio Honda, which is bordered by the Cities of Commerce, Downey, Montebello, and Pico Rivera.

The areas surrounding the River are widely considered to have relatively few open space and park areas. Particularly along the Lower River, industrial activity and railyards immediately adjacent to the River serve to isolate the River from the surrounding communities.

In the early 1990s, community activism over turning a railyard adjacent to the River into open space coincided with the County beginning a process that – after considerable input from stakeholders and community outreach – resulted in the County’s Los Angeles River Master Plan in 1996. The Master Plan described how economic growth could be spurred along the River in the County through zoning changes and the development of open space, recreational, cultural, artistic, educational, and other opportunities.

The City of Los Angeles’ Los Angeles River Revitalization Master Plan was released in 2007. Continuing the long-term goals of the County’s Master Plan, the Revitalization Master Plan also promoted the revitalization of the River as a multi-benefit solution to addressing and enhancing water quality and flood control while enabling safe access to the River and restoring a functional river ecosystem. The City’s Revitalization Master Plan focused on the Upper River. Some elected officials want to create a park district to assist in the funding and development of parks along the Lower Los Angeles River.

Comments

1. Purpose of the bill. Access to parks and open space is linked to numerous benefits for the public, such as improved air quality, increased exercise activities, reduced obesity rates, improved mental health, reductions in urban heating effects, and lower greenhouse gas emissions. Yet numerous studies have found that residents along the Lower Los Angeles River are disproportionally impacted by poor air quality and lack access to recreational opportunities and outdoor park space. One obstacle to enhancing access to parks for these communities is a lack of funding. SB 1374 authorizes the creation of the Lower Los Angeles River Recreation and Park District with the authority to levy fees, taxes, or assessments to fund parks along the Lower Los Angeles River. By providing access to funding and a single governmental body that represents affected cities and counties along the Lower Los Angeles River and possesses revenue-raising authority, this bill will ensure that residents in those areas have access to the benefits that many other Californians enjoy.
2. Local needs, local solutions. SB 1374 authorizes the creation of a new recreation and parks district. However, current law provides multiple means by which local governments may be formed to raise funds for parks without any State action. First, LAFCOs may create park districts and define their boundaries. Second, the Joint Exercise of Powers Act allows two or more public agencies to enter an agreement to jointly exercise any power held in common by the parties to the agreement, including the ability to impose taxes, fees, and assessments. Both of these means allow local governments to meet their unique needs while considering local conditions—without Sacramento’s involvement.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee:

• Increased cost pressures, potentially in tens of millions to hundreds of millions of dollars (General Fund or special fund), to fund projects along the lower Los Angeles River.

SUPPORT: (Verified 8/29/16)

City of Bell Gardens

City of Compton

City of Lynwood

City of Maywood

City of Paramount

City of South Gate

OPPOSITION: (Verified 8/29/16)

None received

ASSEMBLY FLOOR: 57-20, 8/23/16

AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon

NOES: Travis Allen, Bigelow, Brough, Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Lackey, Linder, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Wagner, Waldron, Wilk

NO VOTE RECORDED: Gray, Kim, Olsen

Prepared by:

8/29/16 18:52:54

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Robert M. Hertzberg, Chair

2015 - 2016 Regular

The Lower Los Angeles River Recreation and Park District

Authorizes the formation of the Lower Los Angeles River Recreation and Park District.

Background

Local Agency Formation Commissions. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH Act) controls how local officials change the boundaries of cities and special districts, putting local agency formation commissions (LAFCOs) in charge of the proceedings. LAFCOs are tasked with ensuring that services are effectively and efficiently delivered, and local governments can only exercise their powers and provide services where allowed to by LAFCO. In order to accomplish these goals, LAFCOs preside over boundary changes that include the formation of new cities and special districts, modifications of existing boundaries, and dissolutions of unsustainable special districts. The CKH Act describes the procedures that local governments and LAFCOs must follow when approving a boundary change, such as specifying the contents of petitions for the formation of new special districts.

Recreation and Park Districts. The Recreation and Park District Law is the principal act that governs the 95 recreation and park districts in California. As a special district, recreation and park districts are subject to LAFCO jurisdiction and are subject to the proceedings contained in the CKH Act. Current law provides two means for initiating the formation of a recreation and parks district: (1) by petition signed by 25 percent of the registered voters in the proposed district’s territory, or (2) by resolution of application by a city or county that contains the territory proposed to be included in the district. The petition or resolution must be submitted to LAFCO.

The petition or resolution must meet all requirements for such petitions in the CKH Act and specify the methods by which the district will be financed, the proposed name for the district, the method of selecting the initial board of directors, and whether the district will have eminent domain authority. Upon receipt of the petition or resolution, the LAFCO must conduct proceedings to consider the formation of the district. The LAFCO may not approve a proposal unless the commission determines that the proposed district will have sufficient revenues to carry out its purpose.

Each recreation and parks district is governed by a five-member board of directors. A district’s board may be elected by voters or appointed by the legislative bodies of the cities and counties that make up the district’s territory. If appointed, the seats must be allocated proportionally based on the population that falls within the proposed boundaries of the district in each city and in the unincorporated territory of the relevant county or counties, as long as each city and the county appoints at least one member. City councils and boards of supervisors may appoint their own members to the district’s board. Following the initial appointment, board members may be reorganized according to a process laid out in the Recreation and Park District Law.

A recreation and park district may exercise numerous powers, including to organize, promote, conduct, and advertise community recreation programs and to acquire, construct, improve, maintain, and operate recreation facilities. These districts have several means of funding their operations, including borrowing money and incurring indebtedness, levying fees, special taxes, and benefit assessments, as well as selling general obligation bonds and forming Mello-Roos community facilities districts. A district may also adopt rules, regulations, and ordinances governing the district’s operations, including rules and regulations for the administration and use of recreation facilities.

Los Angeles River Restoration. The Los Angeles River is entirely within the County of Los Angeles (County). The approximately 32 miles of the River upstream of the City of Vernon is considered to be the Upper River and is within the bounds of the City of Los Angeles. The approximately 19 miles of the Lower River include the Cities of Vernon, Commerce, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, Carson and Long Beach. The Lower River is fed by the tributaries Compton Creek and Rio Honda, which is bordered by the Cities of Commerce, Downey, Montebello, and Pico Rivera.

The areas surrounding the River are widely considered to have relatively few open space and park areas. Particularly along the Lower River, industrial activity and railyards immediately adjacent to the River serve to isolate the River from the surrounding communities.

In the early 1990s, community activism over turning a railyard adjacent to the River into open space coincided with the County beginning a process that – after considerable input from stakeholders and community outreach – resulted in the County’s Los Angeles River Master Plan in 1996. The Master Plan described how economic growth could be spurred along the River in the County through zoning changes and the development of open space, recreational, cultural, artistic, educational, and other opportunities.

The City of Los Angeles’ Los Angeles River Revitalization Master Plan was released in 2007. Continuing the long-term goals of the County’s Master Plan, the Revitalization Master Plan also promoted the revitalization of the River as a multi-benefit solution to addressing and enhancing water quality and flood control while enabling safe access to the River and restoring a functional river ecosystem. The City’s Revitalization Master Plan focused on the Upper River. The Lower LA River does not have such a plan. However, AB 530 (Rendon, 2015) established the Lower Los Angeles River Working Group, which is tasked with developing a revitalization plan for the Lower River watershed and the communities through which it passes by March 1, 2017.

Some elected officials want to create a park district to assist in the funding and development of parks along the Lower Los Angeles River.

Proposed Law

Senate Bill 1374 authorizes the formation of the Lower Los Angeles River Recreation and Park District (District) pursuant to the CKH Act and the Recreation and Park District Law until January 1, 2019, and establishes the governance and powers for the District.

SB 1374 requires the District's initial board of directors to consist of no more than 13 members, appointed by cities that border the LA River, its tributaries, and Los Angeles County. Specifically:

• The city councils of the Cities of Vernon, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, and Long Beach may each appoint one representative.
• The Los Angeles County Board of Supervisors may appoint two public members and must include at least one representative of a nonprofit organization serving the Lower Los Angeles River region.
• The city councils of the Cities of Commerce, Downey, Montebello, and Pico Rivera may jointly appoint one representative, who serves for a two-year fixed term.

Except for the jointly appointed board member, board members serve at the pleasure of their appointing legislative body, and the board may be reorganized as provided in the Recreation and Park District Law.

SB 1374 authorizes the District to exercise the powers and financing authority provided under existing law to recreation and park districts, subject to review and approval of the Los Angeles County Local Agency Formation Commission (LAFCO). SB 1374 also requires the District, in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, to:

• Promote the development of open space and parks along the Lower Los Angeles River;
• Identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river, for the benefit and enjoyment of local communities, and;
• Acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. Access to parks and open space is linked to numerous benefits for the public, such as improved air quality, increased exercise activities, reduced obesity rates, improved mental health, reductions in urban heating effects, and lower greenhouse gas emissions. Yet many people of color and people who live in low income communities lack access to parks. This problem is particularly pronounced in southern Los Angeles, where numerous studies have found that residents along the Lower LA River are disproportionally impacted by poor air quality and lack access to recreational opportunities and outdoor park space. One obstacle to enhancing access to parks for these communities is a lack of funding. SB 1374 authorizes the creation of the Lower Los Angeles River Recreation and Park District with the authority to levy fees, taxes, or assessments to fund parks along the Lower LA River. By providing access to funding and a single governmental body that represents affected cities and counties along the Lower LA River and possesses revenue-raising authority, this bill will ensure that residents in those areas have access to the benefits that many other Californians enjoy.

2. Local needs, local solutions. SB 1374 authorizes the creation of a new recreation and parks district. However, current law provides multiple means by which local governments may be formed to raise funds for parks without any State action. First, LAFCOs may create park districts and define their boundaries. Second, the Joint Exercise of Powers Act allows two or more public agencies to enter an agreement to jointly exercise any power held in common by the parties to the agreement, including the ability to impose taxes, fees, and assessments. Sometimes an agreement creates a new, separate government called a joint powers authority (JPA). JPAs establish their own governance structure, affording local governments flexibility in how to apportion representation among the JPA’s members. Both the LAFCO process and the formation of a JPA allow local governments to meet their unique needs while considering local conditions—without Sacramento’s involvement. The Committee may wish to consider the precedent set by authorizing the creation of new special districts when similar bodies may already be created through actions at the local level.

3. Related legislation. AB 2444 (Garcia), which the Committee approved by a vote of 4-1 at its June 29, 2016 hearing, enacts the California Parks, Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2018. If approved by the voters at the June 5, 2018 statewide primary election, the act authorizes issuance of $3.5 billion in General Obligation bonds to finance parks, water, climate adaptation, coastal protection, and outdoor access programs. Among other things, AB 2444 would allocate $995 million for the creation and expansion of safe parks in park-poor neighborhoods and an additional $187.5 million for multi-benefit greening projects in urbanized areas along waterways. If approved, the District (as well as the local governments represented on its board) would be eligible to receive funding from this bond. AB 2444 is pending in the Senate Rules Committee.

4. Mandate. The California Constitution generally requires the state to reimburse local agencies for their costs when the state imposes new programs or additional duties on them. SB 1374 authorizes the creation of a district that may enact rules and regulations, violations of which are a misdemeanor. By creating a new crime, SB 1374 creates a new state-mandated program. But the bill disclaims the state's responsibility for reimbursing local governments for enforcing these new crimes. That's consistent with the California Constitution, which says that the state does not have to reimburse local governments for the costs of new crimes (Article XIIIB, 6[a] [2]).

5. Special legislation. The California Constitution prohibits special legislation when a general law can apply (Article IV, §16). SB 1374 contains findings and declarations explaining the need for legislation that applies only to the Lower Los Angeles River.

6. New bill, prior votes not relevant. As passed by the Senate, SB 1374 contained provisions relating to San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. The Senate Governance & Finance Committee never heard that version of the bill. The June 16 amendments deleted SB 1374's contents and inserted the current language relating to the Lower Los Angeles River Recreation and Park District.

Assembly Actions

Assembly Water, Parks, and Wildlife Committee: 11-4

Assembly Local Government Committee: 5-3

Assembly Appropriations Committee: 11-3

Assembly Floor: 57-20

Support and Opposition

(8/24/16)

Support: City of Bell Gardens; City of Compton; City of Lynwood; City of Maywood; City of Paramount; City of South Gate.

Opposition: Unknown.

-- END --

SENATE THIRD READING

STR Bill Id:SB 1374

Author:(Lara)

As Amended Ver:August 19, 2016

Majority vote

SENATE VOTE: 30-8

SUMMARY: Authorizes the formation of the Lower Los Angeles (LA) River Recreation and Park District (District) pursuant to existing law, and establishes the governing board structure and powers of the District. Specifically, this bill:

1. Authorizes, until January 1, 2019, the formation of the Lower Los Angeles River Recreation and Park District (District) pursuant to the Cortese-Knox-Hertzberg Reorganization Act of 2000 (Act), and establishes the governance and powers for the District.
2. Requires, notwithstanding the provisions in the principal act that specify the selection of the initial board of directors (Board), the District's initial board of directors to consist of no more than 13 members as follows:
   1. The city councils of each of the following cities may appoint one representative: Vernon, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, and Long Beach.
   2. The Los Angeles County Board of Supervisors (Board of Supervisors) may appoint two public members. Requires one of the public members to be a representative of a nonprofit organization serving the Lower Los Angeles River region.
   3. The city councils of each of the following cities may jointly appoint one representative: Commerce, Downey, Montebello, and Pico Rivera. Requires the one representative jointly appointed to serve for a two-year term.
3. Requires a person appointed to the Board to serve at the pleasure of the city council or Board of Supervisors that made the appointment.
4. Authorizes the Board to be reorganized pursuant to the Recreation and Park District Law.
5. Requires the District, in addition to the powers and financing authority in the principal act which are subject to review and approval of the Los Angeles County Local Agency Formation Commission (LAFCO) upon formation, change of organization, or reorganization, to do all of the following:
   1. Promote the development of open space and parks along the Lower Los Angeles River;
   2. Identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river, for the benefit and enjoyment of local communities; and,
   3. Acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River.
6. Requires the District to conduct the activities in 5) above, in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
7. Finds and declares that a special law is necessary and that a general law cannot be made applicable because of the urgent need for local park space along the Lower Los Angeles River and the communities through which it passes.
8. States that no reimbursement is required by this bill because the only costs that may be incurred by a local agency or school district will be incurred because this bill creates a new crime or infraction, eliminations a crime or infraction, of changes the penalty for a crime or infraction, pursuant to existing law.

EXISTING LAW establishes Recreation and Park District Law which governs formation, boundaries, governance, powers and duties, and finance for recreation and park districts.

FISCAL EFFECT: According to the Assembly Appropriations Committee, increased costs pressures, potentially in tens of millions to hundreds of millions of dollars (General Fund or special fund), to fund projects along the lower Los Angeles River.

COMMENTS:

1. Existing Law and Bill Summary. The Recreation and Park District Law is a principal act that governs the 95 recreation and park districts in California. As a special district, recreation and park districts are subject to LAFCO jurisdiction and are subject to the proceedings contained in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Act). This bill authorizes the formation of the District, until January 1, 2019, subject to the Act.

Existing law provides for the composition of the Board depending on the territory encompassed by the District. Board members may be appointed or elected. This bill establishes an 13-member Board for the District providing the 10 specified cities with one appointment each, the Board of Supervisors with two appointments of public members, and four cities with one appointment to be made jointly.

Current law authorizes a recreation and park district to organize, promote, conduct, and advertise programs of community recreation, establish systems of recreation and recreation facilities and to acquire, construct, improve, maintain, and operate recreation facilities, including, but not limited to, parks and open space both inside and beyond the district's boundaries. This bill provides additional powers to the District, if it is created, and requires the District to promote the development of open space and parks along the Lower Los Angeles River, identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river, for the benefit and enjoyment of local communities, and to acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River. Under this bill if the District is formed then it must coordinate with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to fulfill the duties established by this bill.

1. Author's Statement. According to the author, "The Lower LA River flows through many disadvantaged communities, where residents are disproportionally impacted by poor air quality from local heavy industry and congested transportation corridors, and suffer from a severe lack of access to recreational opportunities and outdoor park space. A recently released study by the Los Angeles County Department of Parks and Recreation identified the region around the Lower Los Angeles River as one of the most park-poor areas in LA County.

"According to the report, the City of Maywood has 0.3 park acres per 1,000 residents, whereas the county-wide average is 3.3 acres per 1,000 residents. The City of Bell has just 0.4 acres per 1,000 residents. The City of Cudahy has just 19.8 acres of park space in a city of 24,164 people. Of the 32 parks in the city, one was rated as "good." The other 31 were rated as "fair" or "poor."

"The single biggest barrier to development of new parks is a lack of funding. The recently approved state water bond (Proposition 1) does provide funding opportunities for the revitalization of the Lower Los Angeles River watershed, including a $30 [million] direct allocation to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and a share of $100 [million] for urban creek restoration. But those funds are strictly limited to acquisition and development of facilities, and cannot be used for operation or maintenance of park facilities. A lack of local resources often means that parks cannot be developed, or if they are, they cannot be properly maintained. Parks have many beneficial impacts on communities; encouraging physical activity, improving health and fitness, reducing urban heating effects and air pollution, reducing greenhouse gas emissions through trees and greenery, and providing important economic benefits.

"While the Lower LA River serves an important purpose as a flood protection and control channel, it also presents a unique opportunity for open space, urban greening, and as a recreational resource for the region. With numerous recent developments, including the creation of a Lower Los Angeles River Working Group to develop a revitalization plan, the City's Los Angeles River Revitalization Master Plan, and multiple conversations about a new vision for the river, there is a growing local interest in rejuvenation of the river.

"Through the formation of the [District], working in collaboration with the Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, SB 1374 will help to promote the development of open space and parks for the benefit of communities along the Lower LA River."

1. Background. The LA River is entirely within the County of Los Angeles (County). The approximately 32 miles of the River upstream of the City of Vernon is considered to be the Upper River and is within the bounds of the City of Los Angeles. The approximately 19 miles of the Lower River includes the Cities of Vernon, Commerce, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, Carson and Long Beach.

The areas surrounding the River are widely considered to have relatively few open space and park areas. Particularly along the Lower River, industrial activity and railyards immediately adjacent to the River serve to isolate the River from the surrounding communities.

In the early 1990s, community activism over turning a railyard adjacent to the River into open space coincided with the County beginning a process that – after considerable input from stakeholders and community outreach – resulted in the County's Los Angeles River Master Plan in 1996. The Master Plan described how economic growth could be spurred along the River in the County through zoning changes and the development of open space, recreational, cultural, artistic, educational and other opportunities.

The City of Los Angeles' Los Angeles River Revitalization Master Plan was released in 2007. Continuing the long-term goals of the County's Master Plan, the Revitalization Master Plan also promoted the revitalization of the River as a multi-benefit solution to addressing and enhancing water quality and flood control while enabling safe access to the River and restoring a functional river ecosystem. The City's Revitalization Master Plan focused on the Upper River. The Lower LA River does not have such a plan.

AB 530 (Rendon), Chapter 684, Statutes of 2015, established the Lower Los Angeles River Working Group which is tasked with developing a revitalization plan for the Lower River watershed and the communities through which it passes by March 1, 2017.

1. Arguments in Support. Supporters argue that the Los Angeles River presents a unique opportunity for open space development, urban greening, and is a relatively untapped recreations resource for the region. The formation of the District would promote the development of open space and parks.
2. Arguments in Opposition. None on file.

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0004676

SENATE THIRD READING

STR Bill Id:SB 1374

Author:(Lara)

As Amended Ver:August 15, 2016

Majority vote

SENATE VOTE: 30-8

SUMMARY: Authorizes the formation of the Lower Los Angeles (LA) River Recreation and Park District (District) pursuant to existing law, and establishes the governing board structure and powers of the District. Specifically, this bill:

1. Authorizes the formation of the Lower Los Angeles River Recreation and Park District (District) pursuant to the Cortese-Knox-Hertzberg Reorganization Act of 2000 (Act), and establishes the governance and powers for the District.
2. Requires, notwithstanding the provisions in the principal act that specify the selection of the initial board of directors (Board), the District's initial board of directors to consist of no more than 13 members as follows:
   1. The city councils of each of the following cities may appoint one representative: Vernon, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, and Long Beach.
   2. The Los Angeles County Board of Supervisors (Board of Supervisors) may appoint two public members. Requires one of the public members to be a representative of a nonprofit organization serving the Lower Los Angeles River region.
   3. The city councils of each of the following cities may jointly appoint one representative: Commerce, Downey, Montebello, and Pico Rivera. Requires the one representative jointly appointed to serve for a two-year term.
3. Requires a person appointed to the Board to serve at the pleasure of the city council or Board of Supervisors that made the appointment.
4. Authorizes the Board to be reorganized pursuant to the Recreation and Park District Law.
5. Requires, if the District is established, the District, in addition to the powers in the principal act which are subject to review and approval of the Los Angeles County Local Agency Formation Commission (LAFCO) upon formation, change of organization, or reorganization, to do all of the following:
   1. Promote the development of open space and parks along the Lower Los Angeles River;
   2. Identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river, for the benefit and enjoyment of local communities; and,
   3. Acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River.
6. Requires the District to conduct the activities in 5) above, in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
7. Finds and declares that a special law is necessary and that a general law cannot be made applicable because of the urgent need for local park space along the Lower Los Angeles River and the communities through which it passes.
8. States that no reimbursement is required by this bill because the only costs that may be incurred by a local agency or school district will be incurred because this bill creates a new crime or infraction, eliminations a crime or infraction, of changes the penalty for a crime or infraction, pursuant to existing law.

EXISTING LAW establishes Recreation and Park District Law which governs formation, boundaries, governance, powers and duties, and finance for recreation and park districts.

FISCAL EFFECT: According to the Assembly Appropriations Committee, increased costs pressures, potentially in tens of millions to hundreds of millions of dollars (General Fund or special fund), to fund projects along the lower Los Angeles River.

COMMENTS:

1. Existing Law and Bill Summary. The Recreation and Park District Law is a principal act that governs the 95 recreation and park districts in California. As a special district, recreation and park districts are subject to LAFCO jurisdiction and are subject to the proceedings contained in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Act). This bill authorizes the formation of the District subject to the Act.

Existing law provides for the composition of the Board depending on the territory encompassed by the District. Board members may be appointed or elected. This bill establishes an 13-member Board for the District providing the ten specified cities with one appointment each, the Board of Supervisors with two appointments of public members, and four cities with one appointment to be made jointly.

Current law authorizes a recreation and park district to organize, promote, conduct, and advertise programs of community recreation, establish systems of recreation and recreation facilities and to acquire, construct, improve, maintain, and operate recreation facilities, including, but not limited to, parks and open space both inside and beyond the district's boundaries. This bill provides additional powers to the District, if it is created, and requires the District to promote the development of open space and parks along the Lower Los Angeles River, identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river, for the benefit and enjoyment of local communities, and to acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River. Under this bill if the District is formed then it must coordinate with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to fulfill the duties established by this bill.

1. Author's Statement. According to the author, "The Lower LA River flows through many disadvantaged communities, where residents are disproportionally impacted by poor air quality from local heavy industry and congested transportation corridors, and suffer from a severe lack of access to recreational opportunities and outdoor park space. A recently released study by the Los Angeles County Department of Parks and Recreation identified the region around the Lower Los Angeles River as one of the most park-poor areas in LA County.

"According to the report, the City of Maywood has 0.3 park acres per 1,000 residents, whereas the county-wide average is 3.3 acres per 1,000 residents. The City of Bell has just 0.4 acres per 1,000 residents. The City of Cudahy has just 19.8 acres of park space in a city of 24,164 people. Of the 32 parks in the city, one was rated as "good." The other 31 were rated as "fair" or "poor."

"The single biggest barrier to development of new parks is a lack of funding. The recently approved state water bond (Proposition 1) does provide funding opportunities for the revitalization of the Lower Los Angeles River watershed, including a $30 [million] direct allocation to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and a share of $100 [million] for urban creek restoration. But those funds are strictly limited to acquisition and development of facilities, and cannot be used for operation or maintenance of park facilities. A lack of local resources often means that parks cannot be developed, or if they are, they cannot be properly maintained. Parks have many beneficial impacts on communities; encouraging physical activity, improving health and fitness, reducing urban heating effects and air pollution, reducing greenhouse gas emissions through trees and greenery, and providing important economic benefits.

"While the Lower LA River serves an important purpose as a flood protection and control channel, it also presents a unique opportunity for open space, urban greening, and as a recreational resource for the region. With numerous recent developments, including the creation of a Lower Los Angeles River Working Group to develop a revitalization plan, the City's Los Angeles River Revitalization Master Plan, and multiple conversations about a new vision for the river, there is a growing local interest in rejuvenation of the river.

"Through the formation of the [District], working in collaboration with the Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, SB 1374 will help to promote the development of open space and parks for the benefit of communities along the Lower LA River."

1. Background. The LA River is entirely within the County of Los Angeles (County). The approximately 32 miles of the River upstream of the City of Vernon is considered to be the Upper River and is within the bounds of the City of Los Angeles. The approximately 19 miles of the Lower River includes the Cities of Vernon, Commerce, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, Carson and Long Beach.

The areas surrounding the River are widely considered to have relatively few open space and park areas. Particularly along the Lower River, industrial activity and railyards immediately adjacent to the River serve to isolate the River from the surrounding communities.

In the early 1990s, community activism over turning a railyard adjacent to the River into open space coincided with the County beginning a process that – after considerable input from stakeholders and community outreach – resulted in the County's Los Angeles River Master Plan in 1996. The Master Plan described how economic growth could be spurred along the River in the County through zoning changes and the development of open space, recreational, cultural, artistic, educational and other opportunities.

The City of Los Angeles' Los Angeles River Revitalization Master Plan was released in 2007. Continuing the long-term goals of the County's Master Plan, the Revitalization Master Plan also promoted the revitalization of the River as a multi-benefit solution to addressing and enhancing water quality and flood control while enabling safe access to the River and restoring a functional river ecosystem. The City's Revitalization Master Plan focused on the Upper River. The Lower LA River does not have such a plan.

AB 530 (Rendon), Chapter 684, Statutes of 2015, established the Lower Los Angeles River Working Group which is tasked with developing a revitalization plan for the Lower River watershed and the communities through which it passes by March 1, 2017.

1. Arguments in Support. None on file.
2. Arguments in Opposition. None on file.

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0004186

Date of Hearing: August 10, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 1374

Author:(Lara) – As Amended Ver:August 2, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill authorizes the establishment of the Lower Los Angeles River Recreation and Park District (Park District) subject to existing laws governing recreation and park districts, including their formation. Specifically, this bill:

1. Subjects the establishment of the Park District to requirements of the Cortese-Knox-Hertzberg Local Government Reorganization Act (the Act).
2. Establishes an initial Board of Directors consisting of 11 members as follows:
   1. The City Councils of each of the following cities may appoint one representative: 1) City of Vernon; 2) City of Maywood; 3) City of Bell; 4) City of Bell Gardens; 5) City of Cudahy; 6) City of Lynwood; 7) City of Compton; 8) City of Paramount; and 9) Long Beach.
   2. The Los Angeles County Board of Supervisors (Board of Supervisors) may appoint two public members
3. Specifies the Board of Directors may be reorganized by an election pursuant to existing law.
4. Requires the powers and duties of the Park District provided under the existing Recreation and Park District Law to be subject to the review and approval of the Los Angeles County Local Agency Formation Commission upon formation, change of organization, or reorganization under the Act.
5. If established, provides the Park District with the additional authority to:
6. Promote the development of open space and parks along the Lower Los Angeles River.
7. Identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river, for the benefit and enjoyment of local communities.
8. Acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River.
9. Requires the Park District to conduct its activities in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

FISCAL EFFECT:

Increased costs pressures, potentially in tens of millions to hundreds of millions of dollars (GF or special fund), to fund projects along the lower Los Angeles River.

COMMENTS:

1. Purpose. According to the author, the purpose of this bill is to create a special district to facilitate the construction, improvement and maintenance of parks and recreational facilities along the Lower Los Angeles River.
2. Background. The LA River is 51 miles long, contained entirely within the County of Los Angeles, and passes through 13 cities, including 32 miles that stretch across the City of Los Angeles. The LA River begins in Canoga Park, at the confluence of Bell Creek and the Arroyo Calabasas, and then flows mostly east through the San Fernando Valley where it is joined by several tributaries. In Burbank, it enters and begins skirting Griffith Park, bending sharply southward as it does so. This stretch of the LA River, down to Elysian Park, is called the Glendale Narrows, and contains one of only three stretches of the river with an earthen bottom. After leaving the Glendale Narrows, the river continues southward through downtown Los Angeles until it eventually reaches Long Beach Harbor.

Although planners had envisioned greenbelts interconnecting parklands along the river as early as the 1930s, the more recent interest in the revitalization and promotion of the re-integration of the river and its tributaries into the adjacent neighborhoods began in the mid-to-late 1980s.

In September 2013, the Army Corps, in conjunction with the City of Los Angeles, announced the availability of a Draft Integrated Feasibility Report (Draft IFR) for the Los Angeles River Ecosystem Restoration Study.  In May 2014, the Army Corps backed the $1 billion alternative in the study to restore an 11-mile stretch of the LA River from Griffith Park to downtown Los Angeles.

1. Lower Los Angeles River (LLA). AB 530 (Rendon), Chapter 684, Statutes of 2015, requires the Secretary of Natural Resources Agency to appoint the LLA Working Group to develop a revitalization plan for the Lower Los Angeles River watershed. The bill requires the LLA Working Group to develop a revitalization plan to address the unique and diverse needs of the Lower Los Angeles River. The bill requires the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to provide any necessary staffing to assist the LLA Working Group.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: June 29, 2016

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Susan Talamantes Eggman, Chair

SBPCA Bill Id:SB 1374

Author:(Lara) – As Amended Ver:June 16, 2016

SENATE VOTE: Vote not relevant

SUBJECT: The Lower Los Angeles River Recreation and Park District Act.

SUMMARY: Creates the Lower Los Angeles River Recreation and Park District. Specifically, this bill:

1. Creates the Lower Los Angeles River Recreation and Park District (District), and establishes the governance and powers for the District.
2. Requires the District to be subject to the Recreation and Park District Law, except as provided by in this bill.
3. Requires, notwithstanding the provisions in the principal act that specify the selection of the initial board of directors (Board), the District's initial board of directors to consist of no more than 11 members as follows:
   1. The city councils of each of the following cities may appoint one representative:
      1. City of Vernon;
      2. City of Maywood;
      3. City of Bell;
      4. City of Bell Gardens;
      5. City of Cudahy;
      6. City of Lynwood;
      7. City of Compton;
      8. City of Paramount;
      9. City of Long Beach;
   2. The Los Angeles County Board of Supervisors (Board of Supervisors) may appoint two public members.
4. Requires a person appointed to the Board to serve at the pleasure of the city council or Board of Supervisors that made the appointment.
5. Requires the District, in addition to the powers in the principal act, to do all of the following:
   1. Promote the development of open space and parks along the Lower Los Angeles River;
   2. Identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river, for the benefit and enjoyment of local communities; and,
   3. Acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River.
6. Requires the District to conduct the activities in 5) above, in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
7. Requires the initial Board, within a reasonable time, by ordinance or resolution to adopt a description of the territory to be included in the District, and any other information that would be required from the proponents for the formation of a new recreation and park district under LAFCO law.
8. Finds and declares that a special law is necessary and that a general law cannot be made applicable because of the urgent need for local park space along the Lower Los Angeles River and the communities through which it passes.
9. States that no reimbursement is required by this bill because a local agency or school district has the authority to levy service charges, fees, or other assessments sufficient to pay for the program or level of service mandated by this bill.

EXISTING LAW:

1. Establishes Recreation and Park District Law which governs formation, boundaries, governance, powers and duties, and finance for recreation and park districts.
2. Authorizes the initiation of the formation of a new recreation and park district by a petition proposal. Requires the petition to contain all of the requirements for a petition for the fomation of a district under local agency formation commission (LAFCO) law, and to specify the methods by which the district will be financed, propose a name for the district, and specify the method of selecting the initial board of directors.
3. Requires LAFCO, once proponents have filed a sufficient petition or a legislative body has filed a resolution of application, to proceed with proposed district formation, pursuant to LAFCO law.
4. Prohibits LAFCO from approving a proposal that includes the formation of a district, unless LAFCO determines that the proposed district will have sufficient revenues to carry out its purposes.
5. Provides for the composition of the initial board of directors to be determined based on the territory contained in the district. Establishes the composition for a district that contains unincorporated territory and the territory of one or more cities to be elected or appointed by the county board of supervisors and the city councils in which the district is located. Requires, if the board is to be appointed, the appointments to be made according to the proportionate share of population of each city and county within the district.
6. Authorizes a recreation and park district to do the following:
   1. Organize, promote, conduct, and advertise programs of community recreation;
   2. Establish systems of recreation and recreation facilities; and,
   3. Acquire, construct, improve, maintain, and operate recreation facilities, including, but not limited to, parks and open space both inside and beyond the district's boundaries.

FISCAL EFFECT: This bill is keyed fiscal.

COMMENTS:

1. Existing Law and Bill Summary. The Recreation and Park District Law is a principal act that governs the 95 recreation and park districts in California. As a special district, recreation and park districts are subject to LAFCO jurisdiction and are subject to the proceedings contained in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. This bill is subject to all the provisions in the principal act, unless expressly exempted from them.

Existing law provides for the composition of the Board depending on the territory encompassed by the District. Board members may be appointed or elected. This bill establishes an 11-member Board for the District providing the nine specified cities with one appointment each, and the Board of Supervisors with two appointments of public members.

Current law authorizes a recreation and park district to organize, promote, conduct, and advertise programs of community recreation, establish systems of recreation and recreation facilities and to acquire, construct, improve, maintain, and operate recreation facilities, including, but not limited to, parks and open space both inside and beyond the district's boundaries. This bill provides additional powers to the District, and requires the District to promote the development of open space and parks along the Lower Los Angeles River, identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river, for the benefit and enjoyment of local communities, and to acquire, construct, improve, maintain, and operate parks and open space along the Lower Los Angeles River. Under this bill the District must coordinate with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to fulfill the duties established by this bill.

1. Author's Statement. According to the author, "The Lower LA River flows through many disadvantaged communities, where residents are disproportionally impacted by poor air quality from local heavy industry and congested transportation corridors, and suffer from a severe lack of access to recreational opportunities and outdoor park space. A recently released study by the Los Angeles County Department of Parks and Recreation identified the region around the Lower Los Angeles River as one of the most park-poor areas in LA County.

"According to the report, the City of Maywood has 0.3 park acres per 1,000 residents, whereas "the county-wide average is 3.3 acres per 1,000 residents. The City of Bell has just 0.4 acres per 1,000 residents. The City of Cudahy has just 19.8 acres of park space in a city of 24,164 people. Of the 32 parks in the city, one was rated as “good”. The other 31 were rated as “fair” or “poor”.

"The single biggest barrier to development of new parks is a lack of funding. The recently approved state water bond (Proposition 1) does provide funding opportunities for the revitalization of the Lower Los Angeles River watershed, including a $30 [million] direct allocation to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and a share of $100 [million] for urban creek restoration. But those funds are strictly limited to acquisition and development of facilities, and cannot be used for operation or maintenance of park facilities. A lack of local resources often means that parks cannot be developed, or if they are, they cannot be properly maintained. Parks have many beneficial impacts on communities; encouraging physical activity, improving health and fitness, reducing urban heating effects and air pollution, reducing greenhouse gas emissions through trees and greenery, and providing important economic benefits.

"While the Lower LA River serves an important purpose as a flood protection and control channel, it also presents a unique opportunity for open space, urban greening, and as a recreational resource for the region. With numerous recent developments, including the creation of a Lower Los Angeles River Working Group to develop a revitalization plan, the City’s Los Angeles River Revitalization Master Plan, and multiple conversations about a new vision for the river, there is a growing local interest in rejuvenation of the river.

"Through the formation of the [District], working in collaboration with the Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, SB 1374 will help to promote the development of open space and parks for the benefit of communities along the Lower LA River."

1. Background. The LA River is entirely within the County of Los Angeles (County). The approximately 32 miles of the River upstream of the City of Vernon is considered to be the Upper River and is within the bounds of the City of Los Angeles. The approximately 19 miles of the Lower River includes the Cities of Vernon, Commerce, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, Carson and Long Beach.

The areas surrounding the River are widely considered to have relatively few open space and park areas. Particularly along the Lower River, industrial activity and railyards immediately adjacent to the River serve to isolate the River from the surrounding communities.

In the early 1990s, community activism over turning a railyard adjacent to the River into open space coincided with the County beginning a process that – after considerable input from stakeholders and community outreach – resulted in the County’s Los Angeles River Master Plan in 1996. The Master Plan described how economic growth could be spurred along the River in the County through zoning changes and the development of open space, recreational, cultural, artistic, educational and other opportunities.

The City of Los Angeles’ Los Angeles River Revitalization Master Plan was released in 2007. Continuing the long-term goals of the County’s Master Plan, the Revitalization Master Plan also promoted the revitalization of the River as a multi-benefit solution to addressing and enhancing water quality and flood control while enabling safe access to the River and restoring a functional river ecosystem. The City’s Revitalization Master Plan focused on the Upper River. The Lower LA River does not have such a plan.

AB 530 (Rendon), Chapter 684, Statutes of 2015, established the Lower Los Angeles River Working Group which is tasked with developing a revitalization plan for the Lower River watershed and the communities through which it passes by March 1, 2017.

1. Policy Considerations. The Committee may wish to consider the following:
   1. Limiting LAFCO Powers. The Legislature has delegated the power to control local boundaries to the 58 LAFCOs. This bill bypasses LAFCO, and does not require the usual formation process to occur. This Committee has seen an increasing number of bills seeking to bypass the LAFCO process, therefore, the Committee may wish to consider if this bill is going against legislative intent that designated fundamental powers to LAFCOs to make these types of decisions. The Committee may wish to ask the author why the current LAFCO process is not a viable option for the formation of the District and why this bill is necessary.
   2. Prior Bills that Established a Modified LAFCO Process. In the past several years, the Legislature has established a modified LAFCO process or exempted specified requirements in the LAFCO process for the formation and consolidation of several special districts following a history of failed attempts at the local level including, |
      AB 2453 (Achadjian), Chapter 350, Statutes of 2014, for the creation of the Paso Robles Water District; AB 3 (Williams), Chapter 548, Statutes of 2015, for the formation of the Isla Vista Community Services District; and, AB 1232 (Huffman), Chapter 518, Statutes of 2010, for the consolidation of the Sewerage Agency of Southern Marin and its member districts, after notice and hearing, but without protest hearings. The Committee may wish to consider the local politics and history around these issues which prevented local consensus.
   3. What's Missing? This Committee has heard a number of bills that contemplate the existence of a special district that many would argue has outlived its purpose. In light of those conversations, the Committee may wish to require that any special district that is established by the Legislature will have the funding to be able to fulfill its statutory purpose. Under existing law, LAFCO is prohibited from approving the formation of a district, unless it can determine that the proposed district will have sufficient revenues to carry out its purposes. In absence of this review at the local level, the Committee may wish to require this bill to identify a source of funding. Additionally, the Committee may wish to consider the policy of establishing a specified governing body for a District that does not have defined boundaries.
   4. LA River Working Group Revitalization Plan. As a result of AB 530 (Rendon), the LA River Working Group is required to develop a revitalization plan for the Lower LA River by March 1, 2017. The Committee may wish to consider, in light of the working group and the authority granted under existing law to the cities and the County specified in the bill, to establish a joint powers authority, if it is necessary to form a district to accomplish duties that local governments are already authorized to perform.
2. Committee Amendments. In absence of failed attempts at the local level, the Committee may wish to encourage the author to limit the provisions of the bill to specifying the governing body and powers, but still require the formation of the District to comply with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The Committee amendments would no longer create the District, but provide the specified governing body and powers, should there be a proposal to initiate the formation of the District, pursuant to process under existing law, and the approval of the District, pursuant to the LAFCO process under existing law.
3. Arguments in Support. None on file.
4. Arguments in Opposition. None on file.
5. Double Referral. This bill is double-referred to the Water, Parks and Wildlife Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958

Date of Hearing: June 28, 2016

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Marc Levine, Chair

SBPCA Bill Id:SB 1374

Author:(Lara) – As Amended Ver:June 16, 2016

SENATE VOTE: 30-8

SUBJECT: The Lower Los Angeles River Recreation and Park District Act

SUMMARY: Creates the Lower Los Angeles River Recreation and Park District. Specifically, this bill:

1. Creates a new regional park district to be known as the Lower Los Angeles River Recreation and Park District (District). Requires that the initial board of directors of the District shall consist of no more than 11 members, including one member each appointed by the city councils of the cities of Vernon, Maywood, Bell, Bell Gardens, Cudahy, Lynwood, Compton, Paramount, and Long Beach, and 2 public members appointed by the Los Angeles County Board of Supervisors. Provides that the persons appointed shall serve at the pleasure of the city council or county board of supervisors that made the appointment.
2. Allows the board of directors to be reorganized through election of directors, as specified in existing state law regarding reorganization of boards of directors of recreation and park districts.
3. Provides that in addition to the powers and duties specified in existing state law governing local recreation and park districts, the District shall do all of the following:
   1. Promote development of open space and parks along the Lower Los Angeles River.
   2. Identify funding and resources to promote the revitalization of the Lower Los Angeles River and open spaces along the river for the enjoyment and benefit of local communities.
   3. Acquire, construct, improve, maintain and operate parks and open space along the Lower Los Angeles River.
4. Requires that the District conduct the activities specified in 3) above, in coordination with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
5. Requires the initial board of directors within a reasonable time to adopt a description of the territory to be included in the District, and any other information that would be required if the District were being formed by petition as authorized under existing law for formation of local recreation and park districts.
6. States that a special law is necessary to create the District because of the urgent need for local park space along the Lower Los Angeles River and the communities through which it passes.

EXISTING LAW:

1. Authorizes the formation of recreation and park districts at the local level through a petition process. Requires that the petition set forth the methods by which the district will be financed, a proposed name for the district, and the method for selecting the initial board of directors. Requires that the petition be signed by not less than 25% of the registered voters residing in the area to be included in the district, as determined by the local agency formation commission (LAFCO).
2. Authorizes a proposal to form a new district to also be made by the adoption of a resolution by the legislative body of a county or city that contains the territory to be included in the district. Requires a public hearing to be held on the resolution and for a copy of the resolution to be filed with the LAFCO for the county.
3. Requires the LAFCO to review and approve or disapprove the proposal for creation of a new district. Prohibits the LAFCO from approving a proposal to form a new district unless the LAFCO determines that the proposed district will have sufficient revenues to carry out its purpose, except as specified.
4. Requires the Secretary of the Natural Resources Agency to appoint a Lower Los Angeles River Working Group, which is tasked with developing a revitalization plan for the Lower Los Angeles River by March 2017.

FISCAL EFFECT: Unknown

COMMENTS: This bill creates a new regional park district to serve the Lower Los Angeles River region. The initial board of directors would be organized as specified in this bill, but could be reorganized later through statutory election processes for creation of such districts. The author indicates that the purpose of this bill is to create a special district to help facilitate the construction, improvement, and maintenance of parks and recreational facilities along the Lower Los Angeles River.

1. Author's Statement: The Lower Los Angeles River flows through many disadvantaged communities, where residents are disproportionally impacted by poor air quality from local heavy industry and congested transportation corridors, and suffer from a severe lack of access to recreational opportunities and outdoor park space. While the Lower Los Angeles River serves an important purpose as a flood protection and control channel, it also presents a unique opportunity for open space, urban greening, and as a recreational resource for the region. With numerous recent developments, including the creation of a Lower Los Angeles River Working Group to develop a revitalization plan, the City’s Los Angeles River Revitalization Master Plan, and multiple conversations about a new vision for the river, there is a growing local interest in rejuvenation of the river.
   
   Through the formation of the Lower Los Angeles River Recreation and Park District, working in collaboration with the Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, this bill will help to promote the development of open space and parks for the benefit of communities along the Lower Los Angeles River.
   
2. Background: Background materials provided by the author's office include a recently released study by the Los Angeles County Department of Parks and Recreation which identified the region around the Lower Los Angeles River as one of the most park-poor areas in Los Angeles County. (See: http://lacountyparkneeds.org/final-report/). According to the report, the City of Maywood has 0.3 park acres per 1000 residents, whereas the county-wide average is 3.3 acres per 1000 residents. The City of Bell has just 0.4 acres per 1000 residents. The City of Cudahy has just 19.8 acres of park space in a city of 24,164 people. Of the 32 parks in the city, one was rated as “good”. The other 31 were rated as “fair” or “poor”. The author asserts that creating a special district to facilitate the development of parks and open space in the region will help to address these deficiencies.
   
   Policy Questions: One question posed by this bill is why the District is being created by statute rather than through the normal LAFCO process set forth in existing law. Existing law provides a process for districts to be created through a petition or resolution process at the local level, with review and approval by the local LAFCO. The committee may wish to consider why the current LAFCO process is not a viable option for the formation of the District and why establishment of the District through statute is necessary. The author acknowledges that there may be concerns that this bill could be interpreted as circumventing the LAFCO process and undermining local control by establishing the District through statute, rather than through the LAFCO process. The author notes, however, that while the Legislature granted the LAFCOs the authority to create and dissolve special districts, the Legislature still retains the authority to create special districts through statute, and has exercised that authority in recent sessions. The author maintains that in this particular case the impetus for this effort needs to be initiated at the state level. This bill also includes legislative findings that this bill is necessary due to the urgent need for local park space along the Lower Los Angeles River.
   
   This bill creates the District and the initial governing board of the District from local cities and the county, but leaves many of the responsibilities of the District, including establishing the boundaries, to the board of local representatives. This bill would also allow the board of directors to be reorganized in the future through the local election process provided for in statute.
   
   A second question is whether the newly formed District will be able to identify funding to fulfill the District's mission. Under current law, a LAFCO is prohibited from approving the formation of a new recreation and park district unless the LAFCO determines that the district will have sufficient revenues to fulfill its purpose. This bill would require the newly formed District to identify funding and resources, and to work with the Lower Los Angeles River Working Group and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to do so.
   
   Third, this bill would require the initial board of directors for the District to develop boundaries for the District's jurisdiction. The committee may wish to consider whether it would be preferable instead to specify the boundaries of the District in statute.
   
   Finally, the Legislature passed legislation last year (AB 530 (Rendon)) to establish a Lower Los Angeles River Working Group that is tasked with developing a revitalization plan for the Lower Los Angeles River by March 2017, with assistance from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. The committee may wish to consider how the new District created by this bill would participate in that effort, and whether it would complement or overlap the functions of the working group and conservancy.
   
3. Double Referral: This bill is double-referred to the Assembly Local Government Committee which is scheduled to hear this bill after this committee.
   
4. Prior and Related Legislation: AB 2453 (Achadjian), Chapter 350, Statutes of 2014, created the Paso Robles Water District.
   

AB 3 (Williams), Chapter 548, Statutes of 2015, created the Isla Vista Community Services District.

AB 1232 (Huffman), Chapter 518, Statutes of 2010, consolidated the Sewerage Agency of Southern Marin.

The Legislature established the Lake Cuyamaca Recreation and Park District in 1961 through passage of special legislation, Chapter 1654.

AB 530 (Rendon), Chapter 684, Statutes of 2015, required the Secretary of the Natural Resources Agency to appoint a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The bill requires the working group by March 2017 to develop a revitalization plan for the Lower Los Angeles River, consistent with the County of Los Angeles’s Master Plan, and that includes watershed education programs. The bill requires the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to provide staffing to assist the working group.

1. Support Arguments: The author asserts this bill will help get funding to the Lower Los Angeles River area for operation and maintenance of parks. The single biggest barrier to development of new parks is a lack of funding. The recently approved state water bond (Proposition 1) does provide funding opportunities for revitalization of the Lower Los Angeles River watershed, including a $30 million direct allocation to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and a share of $100 million for urban creek restoration. However, those funds are limited to acquisition and development of facilities, and cannot be used for operation or maintenance of park facilities. A lack of local resources often means that parks cannot be developed, or if they are they cannot be properly maintained. The author notes that parks have many beneficial impacts on communities; encouraging physical activity, improving health and fitness, reducing urban heating effects and air pollution, reducing greenhouse gas emissions through trees and greenery, and providing important economic benefits.
   
2. Opposition Arguments: None received.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096

 THIRD READING  

Bill No: SB 1374

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 4/12/16

AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk

NOES: Stone, Vidak

SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/27/16

AYES: Lara, Beall, Hill, McGuire, Mendoza

NOES: Bates

NO VOTE RECORDED: Nielsen

SUBJECT:

SOURCE: Author

DIGEST: This bill requires the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to identify projects, as specified, to maximize the capture of stormwater along the Lower Los Angeles River.

ANALYSIS:

Existing law:

1. Establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) which includes the San Gabriel River and Lower Los Angeles River watersheds. The Lower Los Angeles Rivers is downstream of the border between the Cities of Los Angeles and Vernon.
2. Directs the RMC, among other things and subject to certain limitations, to preserve open space and habitat, as specified, provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, water conservation, and watershed improvements within its jurisdiction.

This bill requires the RMC to identify projects, as specified, to maximize the capture of stormwater along the Lower Los Angeles River.

Background

In the early 1990s, community activism over turning a railyard adjacent to the Los Angeles River into open space coincided with Los Angeles County beginning a process that – after considerable community outreach and stakeholder input – resulted in the County’s Los Angeles River Master Plan (Master Plan) in 1996. The Master Plan described how economic growth could be spurred along the Los Angeles River in the County through zoning changes and the development of open space, recreational, cultural, artistic, educational and other opportunities. Ultimately over several decades, the Master Plan proposed that the Los Angeles River be returned to a less-polluted, functioning riparian environment in as many reaches as possible, while still controlling flooding and providing recreational opportunities.

In 2007, the City of Los Angeles released its Los Angeles River Revitalization Master Plan that continued the long-term goals of the Master Plan, and was focused within the City’s boundaries.

Numerous federal, state and local public and private efforts are underway to achieve the revitalization of the Los Angeles River and its tributaries. The Lower Los Angeles River Working Group is working on a revitalization plan for that reach of the Los Angeles River and the surrounding communities.

In 2014, state voters approved the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1). Proposition 1’s provisions included funding for stormwater projects and the RMC, among others.

Related/Prior Legislation

SB 355 (Lara, Chapter 677, Statutes of 2015) modified the composition of the RMC’s board.

SB 485 (Hernandez, Chapter 678, Statutes of 2015) authorized the Los Angeles County Sanitation District to divert, manage, treat and discharge stormwater and dry weather runoff and make beneficial use of the water, as specified.

AB 530 (Rendon, Chapter 684, Statutes of 2015) established the Lower Los Angeles River Working Group to develop revitalization plans, as specified.

SB 985 (Pavley, Chapter 555, Statutes of 2014) authorized the development of a stormwater resource plan to identify and prioritized stormwater and dry weather runoff capture projects for implementation, as specified, among other provisions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, there are unknown, but potentially significant, costs to the RMC.

SUPPORT: (Verified 5/27/16)

The Trust for Public Land

OPPOSITION: (Verified 5/27/16)

None received

ARGUMENTS IN SUPPORT: According to the author, “[w]hile the Lower Los Angeles River serves an important purpose as a flood protection and control channel, it also presents a unique opportunity for open space, urban greening, and as a water resource for the region.  With numerous recent developments, including the creation of a Lower Los Angeles River Working Group to develop a revitalization plan, the City’s Los Angeles River Revitalization Master Plan, and multiple conversations about a new vision for the river, there is a growing local interest in rejuvenation of the river.

“The recently approved Proposition 1 included $200 million for multi-benefit stormwater management projects, including projects to promote green infrastructure.  These projects can reduce the discharge of pollutants into storm drains and waterways, while also recharging groundwater aquifers, and providing outdoor recreational space.

“The intent of this bill is to promote opportunities for stormwater projects on the Lower Los Angeles River by directing the [RMC] to identify projects that would maximize the capture of stormwater along the river.”

Prepared by:

5/28/16 16:46:09

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1374 (Lara) - San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy: stormwater capture projects

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 1374 requires the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) to identify projects that are consistent with the Master Plan and other existing requirements, and that would maximize the capture of stormwater along the Lower Los Angeles River.

Fiscal Impact:

• Unknown, but potentially significant, costs to the RMCHAPTER

Background:

1. The RMC was created by the Legislature in 1999. The RMC’s mission is, among other things, to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within its jurisdiction. It is one of ten conservancies located in the Natural Resources Agency. The RMC’s territory includes the San Gabriel River and lower Los Angeles River watersheds. The lower Los Angeles River is that portion of the river downstream of the border between the Cities of Los Angeles and Vernon.

Existing law imposes certain limitations on the RMC with respect to actions that affect water or water management in the watersheds under its jurisdiction.

In the early 1990s, community activism over turning a railyard adjacent to the Los Angeles River into open space coincided with Los Angeles County beginning a process that, after considerable input from stakeholders and community outreach, resulted in the County’s Los Angeles River Master Plan (Master Plan) in 1996. The Master Plan described how economic growth could be spurred along the Los Angeles River in the County through zoning changes and the development of open space, recreational, cultural, artistic, educational, and other opportunities. Ultimately over several decades, the Master Plan proposed that the Los Angeles River be returned to a less-polluted, functioning riparian environment in as many reaches as possible, while still controlling flooding and providing recreational opportunities.

The City of Los Angeles’ Los Angeles River Revitalization Master Plan (Revitalization Master Plan) was released in 2007. Continuing the long-term goals of the County Master Plan for the reach of the Los Angeles River within the City’s boundaries, the Revitalization Master Plan also promoted the revitalization of the Los Angeles River as a multi-benefit solution to addressing and enhancing water quality and flood control while enabling safe access to the river and restoring a functional river ecosystem.

Both plans contain a list of projects to be completed. Numerous Los Angeles River restoration projects have been undertaken since the release of the Master Plan and Revitalization Master Plan. These projects include the creation of habitat and pocket parks, among others. Many of these projects provide multi-benefit solutions such as providing for groundwater recharge from floodwaters.

Proposed Law:

This bill would require the RMC to identify projects, consistent with the Master Plan and existing requirements, that would maximize the capture of stormwater along the Lower Los Angeles River.

Related Legislation:

AB 530 (Rendon, Chapter 684, Statutes of 2015) established the Lower Los Angeles River Working Group to develop revitalization plans, as specified.

SB 355 (Lara, Chapter 677, Statutes of 2015) modified the composition of the conservancy’s board.

SB 485 (Hernandez, Chapter 678, Statutes of 2015) authorized the Los Angeles County Sanitation District to divert, manage, treat and discharge stormwater and dry weather runoff and make beneficial use of the water, as specified.

SB 985 (Pavley, Chapter 555, Statutes of 2014) authorized the development of a stormwater resource plan to identify and prioritize stormwater and dry weather runoff capture projects for implementation, as specified, among other provisions.

Staff Comments:

According to the author, ““The intent of this bill is to promote opportunities for stormwater projects on the Lower Los Angeles River by directing the [RMC] to identify projects that would maximize the capture of stormwater along the river.”

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: SB 1374 Hearing Date: April 12, 2016

Subject: San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy: stormwater capture projects

BACKGROUND AND EXISTING LAW

1. Existing law provides for the protection, enhancement, and restoration of rivers in this state.
2. The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) was created by the Legislature in 1999 (SB 216, Solis, c. 89 and AB 1355, Havice, c. 90, Statutes of 1999)(Public Resources Code §§32600 et seq.). The RMC’s mission is, among other things, to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within its jurisdiction. It is one of ten conservancies located in the Natural Resources Agency. The RMC’s territory includes the San Gabriel River and lower Los Angeles River watersheds. The lower Los Angeles River is that portion of the river downstream of the border between the Cities of Los Angeles and Vernon.
3. Existing law imposes certain limitations on the RMC with respect to actions that affect water or water management in the watersheds under its jurisdiction.
4. In the early 1990s, community activism over turning a railyard adjacent to the Los Angeles River into open space coincided with Los Angeles County beginning a process that – after considerable input from stakeholders and community outreach – resulted in the County’s Los Angeles River Master Plan (Master Plan) in 1996. The Master Plan described how economic growth could be spurred along the Los Angeles River in the County through zoning changes and the development of open space, recreational, cultural, artistic, educational and other opportunities. Ultimately over several decades, the Master Plan proposed that the Los Angeles River be returned to a less-polluted, functioning riparian environment in as many reaches as possible, while still controlling flooding and providing recreational opportunities.
5. The City of Los Angeles’ Los Angeles River Revitalization Master Plan (Revitalization Master Plan) was released in 2007. Continuing the long-term goals of the County Master Plan for the reach of the Los Angeles River within the City’s boundaries, the Revitalization Master Plan also promoted the revitalization of the Los Angeles River as a multi-benefit solution to addressing and enhancing water quality and flood control while enabling safe access to the river and restoring a functional river ecosystem.
6. Both plans contain a list of projects to be completed. Numerous Los Angeles River restoration projects have been undertaken since the release of the Master Plan and Revitalization Master Plan. These projects include the creation of habitat and pocket parks, among others. Many of these projects provide multi-benefit solutions such as providing for groundwater recharge from floodwaters.

PROPOSED LAW

This bill would require the RMC to identify projects, consistent with the Master Plan and existing requirements, that would maximize the capture of stormwater along the Lower Los Angeles River.

ARGUMENTS IN SUPPORT

According to the author, “[w]hile the Lower Los Angeles River serves an important purpose as a flood protection and control channel, it also presents a unique opportunity for open space, urban greening, and as a water resource for the region.  With numerous recent developments, including the creation of a Lower Los Angeles River Working Group to develop a revitalization plan, the City’s Los Angeles River Revitalization Master Plan, and multiple conversations about a new vision for the river, there is a growing local interest in rejuvenation of the river.”

“The recently approved Proposition 1 included $200 million for multi-benefit stormwater management projects, including projects to promote green infrastructure.  These projects can reduce the discharge of pollutants into storm drains and waterways, while also recharging groundwater aquifers, and providing outdoor recreational space.”

“The intent of this bill is to promote opportunities for stormwater projects on the Lower Los Angeles River by directing the [RMC] to identify projects that would maximize the capture of stormwater along the river.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

Work-in-progress. Should the bill pass this Committee, the author may wish to consider:

• the best way to integrate the direction to the RMC with existing and/or planned activities underway to develop multi-benefit projects in the watershed,
• a role for public input in the identification of projects,
• appropriate timeliness of the identification,
• the potential for stormwater capture projects throughout all watersheds under the RMC’s jurisdiction, and
• outreach and education following identification, among others.

The Committee may re-hear the bill should there be later substantive changes to the content of the bill.

Recent related legislation

AB 530 (Rendon, c. 684, Statutes of 2015) established the Lower Los Angeles River Working Group to develop revitalization plans, as specified.

SB 355 (Lara, c. 677, Statutes of 2015) modified the composition of the conservancy’s board.

SB 485 (Hernandez, c. 678, Statutes of 2015) authorized the Los Angeles County Sanitation District to divert, manage, treat and discharge stormwater and dry weather runoff and make beneficial use of the water, as specified.

SB 985 (Pavley, c. 555, Statutes of 2014) authorized the development of a stormwater resource plan to identify and prioritize stormwater and dry weather runoff capture projects for implementation, as specified, among other provisions.

SUPPORT

None Received

OPPOSITION

None Received

-- END --