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.

This bill would specifically authorize the establishment of the Lower San Gabriel River Recreation and Park District, by petition or resolution submitted to the Los Angeles County Local Agency Formation Commission before January 1, 2020, 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 members to, and the executive officer of the conservancy to serve as a member on, the initial board of directors of the district. The bill would also authorize those members of the initial board of directors to appoint an additional member who is a representative of a nonprofit organization, as described, to the board. The bill would specify that certain of the enumerated powers and duties of the Lower San Gabriel 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 San Gabriel 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 conservancy.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower San Gabriel 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.

This bill would specifically authorize the establishment of the Lower San Gabriel River Recreation and Park District, by petition or resolution submitted to the Los Angeles County Local Agency Formation Commission before January 1, 2020, 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 members to, and the executive officer of the conservancy to serve as a member on, the initial board of directors of the district. The bill would also authorize those members of the initial board of directors to appoint an additional member who is a representative of a nonprofit organization, as described, to the board. The bill would specify that certain of the enumerated powers and duties of the Lower San Gabriel 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 San Gabriel 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 conservancy.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower San Gabriel 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.

This bill would specifically authorize the establishment of the Lower San Gabriel River Recreation and Park District, by petition or resolution submitted to the Los Angeles County Local Agency Formation Commission before January 1, 2020, subject to specified existing laws governing recreation and park districts, including their formation, except as provided. The bill would authorize specified city councils, councils and the Los Angeles County Board of Supervisors, and a specified nonprofit entity Supervisors to appoint members to, and the executive officer of the conservancy to serve as a member on, the initial board of directors of the district. The bill would also authorize those members of the initial board of directors to appoint an additional member who is a representative of a nonprofit organization, as described, to the board. The bill would specify that certain of the enumerated powers and duties of the Lower San Gabriel 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 San Gabriel 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 conservancy.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower San Gabriel 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.

This bill would specifically authorize the establishment of the Lower San Gabriel River Recreation and Park District, by petition or resolution submitted to the Los Angeles County Local Agency Formation Commission before January 1, 2020, subject to specified existing laws governing recreation and park districts, including their formation, except as provided. The bill would authorize specified city councils and councils, the Los Angeles County Board of Supervisors Supervisors, and a specified nonprofit entity to appoint members to, and the executive officer of the conservancy to serve as a member on, the initial board of directors of the district. The bill would specify that certain of the enumerated powers and duties of the Lower San Gabriel 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 San Gabriel 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 San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. conservancy.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower San Gabriel 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.

This bill would specifically authorize the establishment of the Lower San Gabriel River Recreation and Park District, by petition or resolution submitted to the Los Angeles County Local Agency Formation Commission before January 1, 2020, 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 San Gabriel 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 San Gabriel 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 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 San Gabriel 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.

 UNFINISHED BUSINESS  

Bill No: SB 693

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 6-1, 4/26/17

AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara

NOES: Moorlach

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

SENATE FLOOR: 25-9, 5/31/17

AYES: Allen, Atkins, Beall, De León, Dodd, Galgiani, Glazer, Hernandez, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Newman, Nguyen, Nielsen, Pan, Roth, Skinner, Stern, Wiener

NOES: Anderson, Bates, Berryhill, Gaines, Moorlach, Morrell, Stone, Vidak, Wilk

NO VOTE RECORDED: Bradford, Cannella, Fuller, Hertzberg, Portantino, Wieckowski

ASSEMBLY FLOOR: 56-20, 9/12/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes the formation of the Lower San Gabriel River Recreation and Park District.

Assembly Amendments

add an additional public member appointed by the district board to serve on the board. This public member must be a representative of a nonprofit organization that serve the Lower San Gabriel River region and specializes in open space education and outdoor activities, and must reside in the Lower San Gabriel River region.

ANALYSIS:

Existing law:

1. Enacts the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH Act), which:
   
2. Controls how local officials change the boundaries of cities and special districts, putting local agency formation commissions (LAFCOs) in charge of the proceedings.
   
3. 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 LAFCOs, including the formation of new cities and special districts, modifications of existing boundaries, and dissolutions of unsustainable special districts.
   
4. Enacts the Recreation and Park District Law, which:
   
5. Governs the 95 recreation and park districts in California.
   
6. Provides two means for initiating the formation of a recreation and parks district:
   
7. By petition signed by 25 percent of the registered voters in the proposed district’s territory, or
   
8. By resolution of application by a city or county that contains the territory proposed to be included in the district.
   
9. Requires recreation and park districts to follow the proceedings contained in the CKH Act and requires the petition or resolution to be submitted to the LAFCO.
10. Specifies the board membership of recreation and park districts, based on the territory that the district is proposed to include.
    
11. Allows park districts to exercise numerous powers, including to:
    
12. Organize, promote, conduct, and advertise community recreation programs and to acquire, construct, improve, maintain, and operate recreation facilities; and,
13. 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.

This bill:

1. Authorizes the establishment of the Lower San Gabriel River Recreation and Park District (LSGRPD) subject to LAFCO law and the Recreation and Park District Law until January 1, 2020.
   
2. Specifies that the initial board of director for the LSGRPD must not consist of more than 13 members appointed as follows:
3. The city councils of the Cities of Downey, Whittier, Pico Rivera, Norwalk, Santa Fe Springs, Artesia, Bellflower, Cerritos, Lakewood, Montebello, Hawaiian Gardens, and Long Beach may each appoint one board member.
   
4. The Los Angeles County Board of Supervisors may appoint one public member. The public member must reside within the Lower San Gabriel River Region.
   
5. The executive officer of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
   
6. A public member appointed by the district board. This public member must be a representative of a nonprofit organization that serve the Lower San Gabriel River region and specializes in open space education and outdoor activities, and must reside in the Lower San Gabriel River region.
7. Declares that a person appointed to the board of the LSGRPD serves at the pleasure of the city council or county board of supervisors that made the appointment.
   
8. Authorizes the LSGRPD, in addition to powers enumerated in Recreation and Park District Law, to do the following:
9. Promote the development of open space and parks along the Lower San Gabriel River.
   
10. Identify funding and resources to promote the revitalization of the Lower San Gabriel River and open space along the river.
    
11. Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River.
12. Requires the LSGRPD to conduct the above activities in coordination with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

Background

The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) was created by the Legislature in 1999 (AB 1355, Havice) and is one of 10 conservancies within the California Resources Agency. The RMC’s territory covers eastern Los Angeles County and western Orange County which includes mountains, valleys, rivers, coastal plain, and coastline. The RMC’s governing board is comprised of 13 voting and seven non-voting members who are appointed or designated by local, state, and federal agencies. A Parkway and Open Space Plan was written as required by the RMC’s founding legislation.

To increase access to additional sources of funding and provide focused services, the author wants to allow for the establishment of a recreation and park district to work in coordination with the RMC to ensure that residents in the areas surrounding the Lower San Gabriel River have access to the benefits of open parks.

Comments

Purpose of the bill. According to the author, “The Lower San Gabriel River flows 43 miles through Los Angeles and Orange Counties, including many cities that are categorized as disadvantaged communities, where residents are disproportionately impacted by poor air quality and a lack of access to recreational and outdoor park space. Today, most of the Lower SGR is channelized, with the section below Whittier Narrows Damn lined by concrete and compacted by debris and flood control dams. SB 693 will authorize the establishment of the Lower SGR Recreation and Park District that will provide greater access to recreational space and promote revitalization. This bill will also allow a single governmental body to represent the communities, as well as outline the body’s authorities and duties including the responsibility to identify funding sources to promote open spaces. SB 693 will ensure that residents in the areas surrounding the Lower SGR have access to the benefits of recreational areas that many other Californians enjoy.”

Local needs, local solutions. SB 693 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.

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 693 authorizes the creation of a district that may enact rules and regulations, violations of which are a misdemeanor. By creating a new crime, SB 693 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]).

Special legislation. The California Constitution prohibits special legislation when a general law can apply (Article IV, §16). SB 693 contains findings and declarations explaining the need for legislation that applies only to the Lower San Gabriel River.

Related/Prior Legislation

SB 1374 (Lara) was enacted by the Legislature last year and authorized the formation of the Lower Los Angeles River Recreation and Park District. SB 1374 was very similar to SB 693 but focused on recreation and parks services in the Lower Los Angeles River area. According to the Los Angeles County LAFCO, no formal formation proceedings have begun for the Lower Los Angeles River Recreation and Park district as of yet and has to be established by January 1, 2019.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee:

1. Unknown increased cost pressures, potentially in the tens of millions of dollars, to fund projects along the Lower San Gabriel River (GF, special funds, bond funds).
2. No reimbursable local costs because it is optional for cities and counties to appoint board members to the initial board, and the Los Angeles County local Agency Formation Commission (LAFCO) can recoup any costs through fees.

SUPPORT: (Verified 9/12/17)

City of Artesia
City of Hawaiian Gardens

City of Whittier

Water Replenishment District of Southern California

OPPOSITION: (Verified 9/12/17)

None received

ASSEMBLY FLOOR: 56-20, 9/12/17

AYES: Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Bigelow, Brough, Chávez, Chen, Choi, Cunningham, Dahle, Fong, Gallagher, Harper, Kiley, Mathis, Mayes, Melendez, Obernolte, Patterson, Voepel, Waldron

NO VOTE RECORDED: Flora, McCarty, Steinorth

Prepared by:

9/13/17 10:24:33

**** END ****

SENATE THIRD READING

STR Bill Id:SB 693

Author:(Mendoza)

As Amended Ver:July 3, 2017

Majority vote

SENATE VOTE: 25-9

SUMMARY: Authorizes the formation of the Lower San Gabriel 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, 2020, the formation of the 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 15 members as follows:
   1. The city councils of each of the following cities may appoint one representative: Downey, Whittier, Pico Rivera, Norwalk, Santa Fe Springs, Artesia, Bellflower, Cerritos, Lakewood, Montebello, Hawaiian Gardens, and Long Beach.
   2. The Los Angeles County Board of Supervisors (Board of Supervisors) may appoint one public member that resides in the Lower San Gabriel River region.
   3. The executive officer of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, established pursuant to existing law, may serve as a member.
   4. The other members of the Board may appoint one public member. Requires this member to be a representative of a nonprofit entity located in the Lower San Gabriel River region that specializes in open spaces, public education, and outdoor activities, and resides in the Lower San Gabriel River region.
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 (LA 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 San Gabriel River;
   2. Identify funding and resources to promote the revitalization of the Lower San Gabriel River and open spaces along the river, for the benefit and enjoyment of local communities; and,
   3. Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River.
6. Requires the District to conduct the activities in 5) above, in coordination with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which has certain responsibilities regarding the Lower San Gabriel River.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill contains the following costs:

1. Unknown increased cost pressures, potentially in the tens of millions of dollars, to fund projects along the Lower San Gabriel River (General Fund, special funds, bond funds).
2. No reimbursable local costs because it is optional for cities and counties to appoint board members to the initial board, and LA LAFCO can recoup any costs through fees.

COMMENTS:

1. Existing Law and Bill Summary. This bill authorizes the formation of the District, and is author-sponsored. The major provisions are as follows:
   1. Formation. 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 authorizes the formation of the District, until January 1, 2020, subject to the Act.
   2. Governance. Recreation and park districts are governed by a five-member board of directors. 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 a 15-member Board for the District providing the 12 specified cities with one appointment each, the Board of Supervisors with one appointment of a public member, the Board with one appointment of a public member representing a nonprofit entity located in the Lower San Gabriel River region, and the executive officer of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
   3. Powers. 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 San Gabriel River, to identify funding and resources to promote the revitalization of the Lower San Gabriel River and open spaces along the river, for the benefit and enjoyment of local communities, and to acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River. If the District is formed, then it must coordinate with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to fulfill the duties established by this bill.
2. Author's Statement. According to the author, "SB 693 will provide communities along the Lower San Gabriel River greater access to recreational space as well as promote the river's revitalization. This bill would help enhance the quality of life for local residents by improving the health and economic benefits for the communities."
3. Background and Prior Legislation. The Lower San Gabriel River flows 43 miles through Los Angeles and Orange Counties, including many cities that are categorized as disadvantaged communities, where residents are disproportionately impacted by poor air quality and a lack of access to recreational and outdoor park space. Most of the Lower San Gabriel River is channelized, with the section below Whittier Narrows Dam lined by concrete and compacted by debris and flood control dams.

SB 1374 (Lara), Chapter 486, Statutes of 2016, authorized the formation of the Lower Los Angeles River Recreation and Park District, pursuant to the Act, and established governance and powers for the district. This bill contains substantially similar provisions regarding the formation process and powers as those contained in SB 1374. According to the Los Angeles County LAFCO, no formal formation proceedings have begun for the formation of the district which would have to be established by January 1, 2019.

1. Arguments in Support. The City of Artesia states, "Open space along the river is relatively sparse, with limited opportunities for recreation. Additionally, the Lower San Gabriel River is in a geographic area where multiple cities are categorized as disadvantaged communities and have median income levels that are less than 80% of the state's median household income. Therefore, the lower San Gabriel River region can greatly benefit from expanded access to open space and recreational opportunities. SB 693 would help enhance the quality of life for local residents living in the communities surrounding the Lower San Gabriel River."
2. Arguments in Opposition. None on file.

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0001651

Date of Hearing: August 23, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 693

Author:(Mendoza) – As Amended Ver:July 3, 2017

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

SUMMARY:

This bill authorizes the formation of the Lower San Gabriel River Recreation and Park District (District) until January 1, 2020, pursuant to existing laws governing the formation of recreation and park districts. Specifically, this bill:

1. Authorizes the formation of the District subject to Cortese-Knox-Hertzberg Reorganization Act of 2000, and establishes the governance and powers for the District.
2. Establishes an initial board of directors (Board) consisting of no more than 15 members as follows:
   1. The city councils of each of the following cities may appoint one representative: Downey, Whittier, Pico Rivera, Norwalk, Santa Fe Springs, Artesia, Bellflower, Cerritos, Lakewood, Montebello, Hawaiian Gardens, and Long Beach.
   2. The Los Angeles County Board of Supervisors (Board of Supervisors) may appoint one public member who must be a resident of the Lower San Gabriel River region.
   3. The executive officer of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC), may serve as a member.
   4. The other members of the initial board may appoint one public member, as specified.
3. Authorizes the Board to be reorganized by an election, pursuant to the Recreation and Park District Law.
4. Requires the District to do the following, in addition to specific authority to the District under the Recreation and Park District Law:
   1. Promote the development of open space and parks along the Lower San Gabriel River;
   2. Identify funding and resources to promote the revitalization of the Lower San Gabriel River and open spaces along the river for the benefit and enjoyment of local communities; and,
   3. Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River.
5. Requires the District to conduct its activities in coordination with RMC.

FISCAL EFFECT:

1. Unknown increased cost pressures, potentially in the tens of millions of dollars, to fund projects along the Lower San Gabriel River (GF, special funds, bond funds).
2. No reimbursable local costs because it is optional for cities and counties to appoint board members to the initial board, and the Los Angeles County local Agency Formation Commission (LAFCO) can recoup any costs through fees.

COMMENTS:

1. Purpose. According to the author, "SB 693 will provide communities along the Lower San Gabriel River greater access to recreational space as well as promote the river's revitalization. This bill would help enhance the quality of life for local residents by improving the health and economic benefits for the communities."
2. Background. The Lower San Gabriel River flows 43 miles through Los Angeles and Orange Counties, including many cities that are categorized as disadvantaged communities, where residents are disproportionately impacted by poor air quality and a lack of access to recreational and outdoor park space. Most of the Lower San Gabriel River is channelized, with the section below Whittier Narrows Dam lined by concrete and compacted by debris and flood control dams.

The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (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 Lower San Gabriel River.

SB 1374 (Lara), Chapter 486, Statutes of 2016, authorized the formation of the Lower Los Angeles River Recreation and Park District, and established governance and powers for the district. This bill contains substantially similar provisions regarding the formation process and powers as those contained in SB 1374 for the Lower Los Angeles River Recreation and Park District. SB 1374 also specified a governance structure with noted differences to the board structure established by this bill. According to the Los Angeles County LAFCO, no formal formation proceedings have begun for the Lower Los Angeles River Recreation and Park district as of yet which has to be established by January 1, 2019.

1. Related Legislation. SB 5 (De Léon), an urgency measure pending in the Assembly Water, Parks, and Wildlife Committee, enacts the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, which authorizes the sale of $3.8 billion in general obligation bonds, upon approval by voters at the November 6, 2018 statewide general election. Several provisions of this proposed bond measure include programs that could provide funding for projects in the District proposed by this bill.
2. Prior Legislation. AB 530 (Rendon), Chapter 684, Statutes of 2015, established the Lower Los Angeles River Working Group which was tasked with developing a revitalization plan for the Lower River watershed and the communities through which it passes by March 1, 2017.

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

Date of Hearing: July 12, 2017

REVISED

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

SBPCA Bill Id:SB 693

Author:(Mendoza) – As Amended Ver:June 20, 2017

SENATE VOTE: 25-9

SUBJECT: Lower San Gabriel River Recreation and Park District.

SUMMARY: Authorizes the formation of the Lower San Gabriel 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 15 members as follows:
   1. The city councils of each of the following cities may appoint one representative: Downey, Whittier, Pico Rivera, Norwalk, Santa Fe Springs, Artesia, Bellflower, Cerritos, Lakewood, Montebello, Hawaiian Gardens, and Long Beach.
   2. The Los Angeles County Board of Supervisors (Board of Supervisors) may appoint one public member. Requires the public member to be a resident of the Lower San Gabriel River region.
   3. The executive officer of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, established pursuant to existing law, may serve as a member.
   4. A nonprofit entity located in the Lower San Gabriel River region that specializes in open spaces, public education, and outdoor activities that is chosen by a majority of the members of the initial board of directors shall appoint one member. Requires the appointed member to reside in the Lower San Gabriel River region.
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 (LA 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 San Gabriel River;
   2. Identify funding and resources to promote the revitalization of the Lower San Gabriel River and open spaces along the river, for the benefit and enjoyment of local communities; and,
   3. Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel 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, which has certain responsibilities regarding the Lower San Gabriel River.
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 San Gabriel 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, eliminates a crime or infraction, or changes the penalty for a crime or infraction, pursuant to existing law.

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 formation of a district under 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: According to the Senate Appropriations Committee, unknown increased cost pressures, potentially in the tens of millions, to fund projects along the Lower San Gabriel River (bond funds, special funds, General Fund).

COMMENTS:

1. Existing Law and Bill Summary. This bill authorizes the formation of the District, and is author-sponsored. The major provisions are as follows:
   1. Formation. 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.
   2. Governance. Recreation and park districts are governed by a five-member board of directors. 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 a 15-member Board for the District providing the 12 specified cities with one appointment each, the Board of Supervisors with one appointment of a public member, the executive officer of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy with a seat, and a nonprofit entity located in the Lower San Gabriel River region that is selected by the initial Board with one appointment of a resident of the Lower San Gabriel River region, with a seat.
   3. Powers. 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 San Gabriel River, to identify funding and resources to promote the revitalization of the Lower San Gabriel River and open spaces along the river, for the benefit and enjoyment of local communities, and to acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River. 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.
2. Author's Statement. According to the author, "SB 693 will provide communities along the Lower San Gabriel River greater access to recreational space as well as promote the river's revitalization. This bill would help enhance the quality of life for local residents by improving the health and economic benefits for the communities."
3. Background and Prior Legislation. The Lower San Gabriel River flows 43 miles through Los Angeles and Orange Counties, including many cities that are categorized as disadvantaged communities, where residents are disproportionately impacted by poor air quality and a lack of access to recreational and outdoor park space. Most of the Lower San Gabriel River is channelized, with the section below Whittier Narrows Dam lined by concrete and compacted by debris and flood control dams.

The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (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 Lower San Gabriel River.

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.

SB 1374 (Lara), Chapter 486, Statutes of 2016, authorized the formation of the Lower Los Angeles River Recreation and Park District, pursuant to the Act, and established governance and powers for the district. This bill contains substantially similar provisions regarding the formation process and powers as those contained in SB 1374 for the Lower Los Angeles River Recreation and Park District. SB 1374 also specified a governance structure with noted differences to the board structure established by this bill. According to the Los Angeles County LAFCO, no formal formation proceedings have begun for the Lower Los Angeles River Recreation and Park district as of yet and has to be established by January 1, 2019.

1. Policy Consideration and Committee Amendment. This bill authorizes a non-profit, selected by the initial Board, to appoint a member of an independent special district. The Committee may wish to note that SB 1374 (Lara) authorized the Board of Supervisors to appoint two public members, one of which must be a representative of a non-profit organization serving the Lower Los Angeles River Region.

To align the author's intent with the provisions of the bill, the Committee may wish to ask the author to accept committee amendments that will delete the authority granted to a non-profit organization to make the appointment and instead authorize the initial Board to appoint a representative of a nonprofit that specializes in open spaces, public education, and outdoor activities in the Lower San Gabriel River region.

1. Arguments in Support. The City of Artesia states, "Open space along the river is relatively sparse, with limited opportunities for recreation. Additionally, the Lower San Gabriel River is in a geographic area where multiple cities are categorized as disadvantaged communities and have median income levels that are less than 80% of the state's median household income. Therefore, the lower San Gabriel River region can greatly benefit from expanded access to open space and recreational opportunities. SB 693 would help enhance the quality of life for local residents living in the communities surrounding the Lower San Gabriel River."
2. Arguments in Opposition. None on file.
3. Double Referral. This bill is double-referred to the Water, Parks and Wildlife Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Artesia

City of Whittier

Opposition

None on file

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

Date of Hearing: July 11, 2017

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

SBPCA Bill Id:SB 693

Author:(Mendoza) – As Amended Ver:July 3, 2017

SENATE VOTE: 25-9

SUBJECT: Lower San Gabriel River Recreation and Park District

SUMMARY: Authorizes the formation of the Lower San Gabriel 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 15 members as follows:
   1. The city councils of each of the following cities may appoint one representative: Downey, Whittier, Pico Rivera, Norwalk, Santa Fe Springs, Artesia, Bellflower, Cerritos, Lakewood, Montebello, Hawaiian Gardens, and Long Beach.
   2. The Los Angeles County Board of Supervisors (Board of Supervisors) may appoint one public member. Requires the public member to be a resident of the Lower San Gabriel River region.
   3. The executive officer of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, established pursuant to existing law, may serve as a member.
   4. A nonprofit entity located in the Lower San Gabriel River region that specializes in open spaces, public education, and outdoor activities that is appointed by the initial Board. Requires the appointed member to reside in the Lower San Gabriel River region.
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 (LA 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 San Gabriel River;
   2. Identify funding and resources to promote the revitalization of the Lower San Gabriel River and open spaces along the river, for the benefit and enjoyment of local communities; and,
   3. Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel 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, which has certain responsibilities regarding the Lower San Gabriel River.
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 San Gabriel 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, eliminates a crime or infraction, or changes the penalty for a crime or infraction, pursuant to existing law.

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 formation of a district under 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: According to the Senate Appropriations Committee, unknown increased cost pressures, potentially in the tens of millions, to fund projects along the Lower San Gabriel River (bond funds, special funds, General Fund).

COMMENTS:

Author's Statement:

According to the author, "SB 693 will provide communities along the Lower San Gabriel River greater access to recreational space as well as promote the river's revitalization. This bill would help enhance the quality of life for local residents by improving the health and economic benefits for the communities."

Existing Law and Bill Summary: This bill authorizes the formation of the District, and is author-sponsored. The major provisions are as follows:

• 1. Formation. 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.
  2. Governance. Recreation and park districts are governed by a five-member board of directors. 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 a 15-member Board for the District providing the 12 specified cities with one appointment each, the Board of Supervisors with one appointment of a public member, the executive officer of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy with a seat, and a nonprofit entity located in the Lower San Gabriel River region that is selected by the initial Board with one appointment of a resident of the Lower San Gabriel River region, with a seat.
  3. Powers. 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 San Gabriel River, to identify funding and resources to promote the revitalization of the Lower San Gabriel River and open spaces along the river, for the benefit and enjoyment of local communities, and to acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River. 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.

Background and Prior Legislation: The Lower San Gabriel River flows 43 miles through Los Angeles and Orange Counties, including many cities that are categorized as disadvantaged communities, where residents are disproportionately impacted by poor air quality and a lack of access to recreational and outdoor park space. Most of the Lower San Gabriel River is channelized, with the section below Whittier Narrows Dam lined by concrete and compacted by debris and flood control dams.

The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (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 Lower San Gabriel River.

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.

SB 1374 (Lara), Chapter 486, Statutes of 2016, authorized the formation of the Lower Los Angeles River Recreation and Park District, pursuant to the Act, and established governance and powers for the district. This bill contains substantially similar provisions regarding the formation process and powers as those contained in SB 1374 for the Lower Los Angeles River Recreation and Park District. SB 1374 also specified a governance structure with noted differences to the board structure established by this bill. According to the Los Angeles County LAFCO, no formal formation proceedings have begun for the Lower Los Angeles River Recreation and Park district as of yet and has to be established by January 1, 2019.

Arguments in Support: Supporters argue that this bill would enhance the quality of life for local residents living in the communities surrounding the Lower San Gabriel River. They argue that this area lacks open space and includes several disadvantaged and low-income communities. Local communities support the efforts to expand access to recreational space and promote the Lower San Gabriel River’s revitalization.

Arguments in Opposition: None on file.

Double Referral: This bill was double-referred to the Local Government committee where it passed with amendments to clarify that the initial board would appoint the nonprofit representative, as defined in the bill.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Hawaiian Gardens

City of Whittier

Water Replenishment District of Southern California

Opposition

None on file

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

 THIRD READING  

Bill No: SB 693

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 6-1, 4/26/17

AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara

NOES: Moorlach

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes the formation of the Lower San Gabriel River Recreation and Park District.

ANALYSIS:

Existing law:

1. Enacts the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH Act), which:
   
2. Controls how local officials change the boundaries of cities and special districts, putting local agency formation commissions (LAFCOs) in charge of the proceedings.
   
3. 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 LAFCOs, including the formation of new cities and special districts, modifications of existing boundaries, and dissolutions of unsustainable special districts.
   
4. Enacts the Recreation and Park District Law, which:
   
5. Governs the 95 recreation and park districts in California.
   
6. Provides two means for initiating the formation of a recreation and parks district:
   
7. By petition signed by 25 percent of the registered voters in the proposed district’s territory, or
   
8. By resolution of application by a city or county that contains the territory proposed to be included in the district.
   
9. Requires recreation and park districts to follow the proceedings contained in the CKH Act and requires the petition or resolution to be submitted to the LAFCO.
10. Specifies the board membership of recreation and park districts, based on the territory that the district is proposed to include.
    
11. Allows park districts to exercise numerous powers, including to:
    
12. Organize, promote, conduct, and advertise community recreation programs and to acquire, construct, improve, maintain, and operate recreation facilities; and,
13. 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.

This bill:

1. Authorizes the establishment of the Lower San Gabriel River Recreation and Park District (LSGRPD) subject to LAFCO law and the Recreation and Park District Law until January 1, 2020.
   
2. Specifies that the initial board of director for the LSGRPD must not consist of more than 13 members appointed as follows:

• The city councils of the Cities of Downey, Whittier, Pico Rivera, Norwalk, Santa Fe Springs, Artesia, Bellflower, Cerritos, Lakewood, Montebello, Hawaiian Gardens, and Long Beach may each appoint one board member.
  
• The Los Angeles County Board of Supervisors may appoint one public member. The public member must reside within the Lower San Gabriel River Region.

1. Declares that a person appointed to the board of the LSGRPD serves at the pleasure of the city council or county board of supervisors that made the appointment.
   
2. Authorizes the LSGRPD, in addition to powers enumerated in Recreation and Park District Law, to do the following:

• Promote the development of open space and parks along the Lower San Gabriel River.
  
• Identify funding and resources to promote the revitalization of the Lower San Gabriel River and open space along the river.
  
• Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River.

1. Requires the LSGRPD to conduct the above activities in coordination with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

Background

The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) was created by the Legislature in 1999 (AB 1355, Havice) and is one of 10 conservancies within the California Resources Agency. The RMC’s territory covers eastern Los Angeles County and western Orange County which includes mountains, valleys, rivers, coastal plain, and coastline. The RMC’s governing board is comprised of 13 voting and seven non-voting members who are appointed or designated by local, state, and federal agencies. A Parkway and Open Space Plan was written as required by the RMC’s founding legislation.

To increase access to additional sources of funding and provide focused services, the author wants to allow for the establishment of a recreation and park district to work in coordination with the RMC to ensure that residents in the areas surrounding the Lower San Gabriel River have access to the benefits of open parks.

Comments

Purpose of the bill. According to the author, “The Lower San Gabriel River flows 43 miles through Los Angeles and Orange Counties, including many cities that are categorized as disadvantaged communities, where residents are disproportionately impacted by poor air quality and a lack of access to recreational and outdoor park space. Today, most of the Lower SGR is channelized, with the section below Whittier Narrows Damn lined by concrete and compacted by debris and flood control dams. SB 693 will authorize the establishment of the Lower SGR Recreation and Park District that will provide greater access to recreational space and promote revitalization. This bill will also allow a single governmental body to represent the communities, as well as outline the body’s authorities and duties including the responsibility to identify funding sources to promote open spaces. SB 693 will ensure that residents in the areas surrounding the Lower SGR have access to the benefits of recreational areas that many other Californians enjoy.”

Local needs, local solutions. SB 693 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.

Related/Prior Legislation

SB 1374 (Lara) was enacted by the Legislature last year and authorized the formation of the Lower Los Angeles River Recreation and Park District. SB 1374 was very similar to SB 693 but focused on recreation and parks services in the Lower Los Angeles River area. According to the Los Angeles County LAFCO, no formal formation proceedings have begun for the Lower Los Angeles River Recreation and Park district as of yet and has to be established by January 1, 2019.

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 693 authorizes the creation of a district that may enact rules and regulations, violations of which are a misdemeanor. By creating a new crime, SB 693 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]).

Special legislation. The California Constitution prohibits special legislation when a general law can apply (Article IV, §16). SB 693 contains findings and declarations explaining the need for legislation that applies only to the Lower San Gabriel River.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, unknown increased cost pressures, potentially in the tens of millions, to fund projects along the Lower San Gabriel River (bond funds, special funds, General Fund).

SUPPORT: (Verified 5/25/17)

City of Artesia

OPPOSITION: (Verified 5/25/17)

None received

Prepared by:

5/27/17 18:53:22

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 693 (Mendoza) - Lower San Gabriel River Recreation and Park District

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

Bill Summary:

SB 693 would authorize the establishment of the Lower San Gabriel River Recreation and Park District until January 1, 2020, as specified.

Fiscal Impact:

• Unknown increased cost pressures, potentially in the tens of millions, to fund projects along the Lower San Gabriel River (bond funds, special funds, General Fund)

Background:

Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, controls how local officials change the boundaries of cities and special districts, putting each county’s local agency formation commission (LAFCO) in charge of the proceedings. 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. LAFCO law 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.

Existing law, 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 LAFCO law. 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. 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.

A recreation and park district may exercise numerous powers, including the power 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.

The Lower San Gabriel River flows 43 miles through Los Angeles and Orange Counties, including many cities that are categorized as disadvantaged communities, where residents are disproportionately impacted by poor air quality and a lack of access to recreational and outdoor park space. Most of the Lower SGR is channelized, with the section below Whittier Narrows Dam lined by concrete and compacted by debris and flood control dams.

The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (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 Lower San Gabriel River.

In 2014, California voters approved the Water Quality, Supply, and infrastructure Improvement Act of 2014 (Proposition 1) which includes $30 million for competitive grants for multi-benefit ecosystem, watershed protection, and restoration projects. In addition, river projects are eligible for certain other Proposition 1-funded purposes, such as the $100 million for urban rivers and streams and $20 million for multi-benefit watershed and urban rivers enhancement projects, of which 10% may be used for project planning.

Proposed Law:

SB 693 would authorize the establishment of the Lower San Gabriel River Recreation and Park District (District) until January 1, 2020, subject to existing laws governing the formation of recreation and park districts. Specifically, this bill would:

• Authorize the formation of the District subject to LAFCO law until 2020.
• Require the initial board of directors of the District to consist of up to 13 members, authorizing the following appointments, each of whom would serve at the pleasure of the appointing entity:
  • One public member appointed by the Los Angeles County Board of Supervisors who is a resident of the Lower San Gabriel River region.
  • An appointment by the city council of each of the following cities: Downey, Whittier, Pico Rivera, Norwalk, Santa Fe Springs, Artesia, Bellflower, Cerritos, Lakewood, Montebello, Hawaiian Gardens, and Long Beach.
• Authorize the District’s board of directors to be reorganized by an election, pursuant to the Recreation and Park District Law.
• Specify that recreation and park district powers in existing law would be subject to review and approval by the Los Angeles County LAFCO.
• Require the District to do all of the following, in addition to specified authority granted to the District under the Recreation and Park Law:
  • Promote the development of open space and parks along the Lower San Gabriel River.
  • Identify funding and resources to promote the revitalization of the Lower San Gabriel River and the open spaces along the river for the benefit and enjoyment of local communities.
  • Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River.
• Require the District to conduct these activities in coordination with the RMC, which has certain responsibilities regarding the Lower San Gabriel River.

Related Legislation:

SB 5 (De Léon), an urgency measure that is currently pending in this Committee, would enact the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, which authorizes the sale of $3.5 billion in general obligation bonds, upon approval by voters at the November 6, 2018 statewide general election. Several provisions of this proposed bond measure include programs that could provide funding for projects in the District proposed by this bill.

SB 1374 (Lara), Chap. 486/2016, authorized the creation of the Lower Los Angeles River Recreation and Park District until January 1, 2019.

Staff Comments:

This bill authorizes the creation of a new recreation and park district that would serve as a single governmental to represent the interests of the communities in the region and to provide access to funding for expanding recreational opportunities for residents of the area. The District would be provided with tools to fund parks on the local level (through special assessments, taxes, fees, and local bond issuances) or as an applicant for other sources of funding, such as state bond funds.

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SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Mike McGuire, Chair

2017 - 2018 Regular

Lower San Gabriel River Recreation and Park District

Authorizes the formation of the Lower San Gabriel River Recreation and Park District.

Background

Local Agency Formation Commissions. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 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. LAFCO law 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 LAFCO law. 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 LAFCO law 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.

Conservancy. The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) was created by the Legislature in 1999 (AB 1355, Havice) and is one of ten conservancies within the California Resources Agency. The RMC’s territory covers eastern Los Angeles County and western Orange County which includes mountains, valleys, rivers, coastal plain, and coastline. The RMC’s governing board is comprised of 13 voting and 7 non-voting members who are appointed or designated by local, state, and federal agencies. A Parkway and Open Space Plan was written as required by the Conservancy's founding legislation.

To increase access to additional sources of funding and provide focused services, the author wants to allow for the establishment of a recreation and park district to work in coordination with the RMC to ensure that residents in the areas surrounding the Lower San Gabriel River have access to the benefits of open parks.

Proposed Law

Senate Bill 693 authorizes the establishment of the Lower San Gabriel River Recreation and Park District (LSGRPD) subject to LAFCO law and the Recreation and Park District Law until January 1, 2020.

SB 693 specifies that the initial board of director for the district must not consist of more than 13 members appointed as follows:

• The city councils of the Cities of Downey, Whittier, Pico Rivera, Norwalk, Santa Fe Springs, Artesia, Bellflower, Cerritos, Lakewood, Montebello, Hawaiian Gardens, and Long Beach may each appoint one board member.
• The Los Angeles County Board of Supervisors may appoint one public member. The public member must reside within the Lower San Gabriel River Region.

SB 693 declares that a person appointed to the board of the LSGRPD serves at the pleasure of the city council or county board of supervisors that made the appointment.

SB 693 authorizes the LSGRPD, in addition to powers enumerated in Recreation and Park District Law, to do the following:

• Promote the development of open space and parks along the Lower San Gabriel River.
• Identify funding and resources to promote the revitalization of the Lowers San Gabriel River and open space along the river.
• Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River.

SB 693 requires the LSGRPD to conduct the above activities in coordination with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. According to the author, “The Lower San Gabriel River flows 43 miles through Los Angeles and Orange Counties, including many cities that are categorized as disadvantaged communities, where residents are disproportionately impacted by poor air quality and a lack of access to recreational and outdoor park space. Today, most of the Lower SGR is channelized, with the section below Whittier Narrows Damn lined by concrete and compacted by debris and flood control dams. SB 693 will authorize the establishment of the Lower SGR Recreation and Park District that will provide greater access to recreational space and promote revitalization. This bill will also allow a single governmental body to represent the communities, as well as outline the body’s authorities and duties including the responsibility to identify funding sources to promote open spaces. SB 693 will ensure that residents in the areas surrounding the Lower SGR have access to the benefits of recreational areas that many other Californians enjoy.”

2. Local needs, local solutions. SB 693 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 practice of authorizing the creation of new special districts when similar bodies may already be created through actions at the local level.

3. Related legislation. SB 1374 (Lara) was enacted by the Legislature last year and authorized the formation of the Lower Los Angeles River Recreation and Park District. SB 1374 was very similar to SB 693 but focused on recreation and parks services in the Lower Los Angeles River area. According to the Los Angeles County LAFCO, no formal formation proceedings have begun for the Lower Los Angeles River Recreation and Park district as of yet and has to be established by January 1, 2019.

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 693 authorizes the creation of a district that may enact rules and regulations, violations of which are a misdemeanor. By creating a new crime, SB 693 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 693 contains findings and declarations explaining the need for legislation that applies only to the Lower San Gabriel River.

Support and Opposition

(4/20/17)

Support: City of Artesia.

Opposition: Unknown.

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