BILL ANALYSIS Ó AB 735 Page 1 Date of Hearing: April 30, 2013 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Anthony Rendon, Chair AB 735 (Gomez) - As Amended: April 23, 2013 SUBJECT : Greenway Initiative SUMMARY : Defines a greenway as a non-motorized pedestrian, bicycle, and recreational travel corridor that parallels an urban waterway and promotes the development of greenways along rivers in the state through public and private partnership, including the development of a greenway along the Los Angeles River (LA River). Specifically, this bill : 1)Makes findings that include, but are not limited to, acknowledging that open-space land is necessary for the maintenance and economy of the state as well as providing relief from urban congestion and providing places for relaxation, exercise, community interaction, and appreciation of wildlife species and habitats. 2)Finds that, among other benefits, greenways are public infrastructure along natural landscape features such as watercourses that, by their linear nature, help to physically and psychologically connect neighborhoods, improve community quality of life, reduce dependence on automobiles, complement and enhance public amenities, attract residents and visitors, and provide services, especially to underserved communities. 3)Finds that among other attributes, the LA River is a site that is particularly suited for the development of a greenway and states that an LA River greenway that focuses on public-private partnerships aimed at establishing a continuous pedestrian bikeway along the Los Angeles River and its key tributaries would foster job creation, economic development and community revitalization. 4)Further finds that a continuous pedestrian bikeway along the LA River and it key tributaries would encourage community revitalization by investing in an efficient cycling and walking recreational transit route following the 51-mile LA River corridor and that such a greenway would build upon a long history of support for a multiuse greenway along the LA River and could complement the existing work of key federal, AB 735 Page 2 state, and local entities while attracting public and private investment. 5)Acknowledges that the County of Los Angeles River Master Plan in 1996, the City of Los Angeles River Revitalization Master Plan in 2007, the City of Los Angeles Bicycle Plan in 2010, the County of Los Angeles Bicycle Plan in 2012, and President Obama's prioritization of the LA River trail system in the President's America's Great Outdoors Initiative in 2012 all promote the development of a river trail system along the LA River. 6)Defines a greenway as, among other characteristics, a pedestrian and bicycle, non-motorized vehicle transportation, and recreational travel corridor that meets specified requirements including, but not limited to: separation and protection from existing roadways; public accessibility; and, appropriate design standards, including those related to setbacks, centerlines protecting directional travel, landscaping, lighting, public amenities, and art. 7)Allows that a city, county, or other local government entity may designate lands along a river within its jurisdiction as a greenway by legislative action and seek appropriate public or private funding to develop the greenway within its jurisdiction. EXISTING LAW : 1)Creates the Los Angeles County Flood Control District (District) which encompasses all of Los Angeles County including almost the entire watershed of the LA River, as well as several other rivers. Empowers the District to provide for the control and conservation of the flood, storm and other waters of the District by: a) Saving or conserving in any manner, all or any of these waters, by spreading, storing, retaining or causing those waters to percolate into the soil within the District; b) Protecting harbors, waterways, public highways, and property in the District from flood or stormwater damage; and, c) Providing for public use of navigable waterways under the District's control that are suitable for recreational and educational purposes, when these purposes are not AB 735 Page 3 inconsistent with flood control and water conservation. 2)Authorizes the District, among other powers, to provide by agreement with other public agencies or private persons or entities or otherwise for the recreational use of the lands, facilities, and works of the district as long as those activities do not interfere with, or are not inconsistent with, the primary use and purpose of the lands, facilities, and works of the District. 3)Establishes the Santa Monica Mountains Conservancy (SMMC) and empowers it to: a) Acquire, improve, and manage real property; b) Award grants or make interest-free loans to cities, counties, resource conservation districts, and recreation and park districts in order to acquire, restore and enhance properties in furtherance of the goals of the SMMC; c) Conduct a study and implement a program to provide recreational access from downtown Los Angeles and the inner city to the SMMC zone in order to provide recreational opportunities for all income and ethnic groups wishing to enjoy the Santa Monica Mountains. Requires SMMC to cooperate with the National Park Service, the El Pueblo de Los Angeles State Historic Park Advisory Committee, the Department of Parks and Recreation, and the City of Los Angeles in conducting and implementing the program. 4)Establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) and empowers the RMC to: a) Acquire and manage public lands within the Lower Los Angeles River and San Gabriel River watersheds; b) Provide open-space, low-impact recreational and educational uses, water conservation, watershed improvement, wildlife and habitat restoration and protection, and watershed improvement within the territory; and, c) Preserve the San Gabriel River and the Lower Los Angeles River consistent with existing and adopted river and flood control projects for the protection of life and property. FISCAL EFFECT : Unknown COMMENTS: Many people outside of Los Angeles might not realize AB 735 Page 4 that the wide concrete channel which plays a cameo role in many films, television series, and music videos is actually the LA River. For much of the year the river is a trickle and the culvert is dry, which makes it a convenient location to stage races, car chases, and gang rumbles. Until the Los Angeles Aqueduct brought water from the Owens Valley, the LA River was the primary water source for the Los Angeles Basin. But it had a tendency towards extremes, both in terms of water scarcity and propensity to flood. After catastrophic flooding in the 1930's, the United States Army Corps of Engineers (Army Corps) began lining most of the LA River with concrete. Ever since, it has served primarily as a flood control channel, fed by storm drains, with only a few portions of the river not completely paved over. More recently environmental groups and park advocates have supported the removal of concrete and the restoration of natural vegetation and wildlife along the LA River. 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. There was growing recognition that, compared to other large American cities, Los Angeles has relatively fewer parks, particularly in under-represented communities. In the early 1990s, the County of Los Angeles began a process that, after considerable input from stakeholders and community outreach, resulted in the Los Angeles River Master Plan (Master AB 735 Page 5 Plan) in 1996. The Master Plan vision includes four core principles: revitalizing the river's ecological and hydrological functions while maintaining its flood control requirements; creating a green ribbon through the City with green strands extending the river's influence into adjacent neighborhoods; capturing opportunities to benefit neighboring communities; and, creating value by improving the quality of life. The Master Plan described how economic growth could be spurred along the river through zoning changes and the development of open space thus providing recreational, cultural, artistic, educational, and other opportunities that would "achieve a better river environment for future generations in the Los Angeles basin." The Los Angeles City Council established its own ad hoc committee on the river in 2002 and the City's Los Angeles River Revitalization Master Plan (Revitalization Master Plan) was released in 2007. Continuing the long-term goals of the county master plan, the Revitalization Master Plan also promoted 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. Both plans contain a list of river projects to be completed and seek to refocus the surrounding neighborhoods towards the river to help form a sense of identity, improve the quality of life, and boost civic pride. Numerous river projects in all parts of the county have been undertaken since the plans were produced involving all levels of government and a variety of private organizations with funding from many sources including state and local bond funds. Both plans continue to inform planning activities. For example, the recently-approved City and County of Los Angeles Bicycle Plans envision bicycle paths along the entire length of the river and its tributaries by the early 2030s. An important element of the Revitalization Master Plan was the development of a three-tiered governance structure. The Los Angeles River Cooperation Committee (Committee) is a joint working group comprised of the District and the City of Los Angeles, in conjunction with the Army Corps, which meets to coordinate and evaluate projects along the upper reach of the LA River. The Committee, established in 2009, is charged with reviewing and recommending projects within the city. The Los Angeles River Revitalization Corporation (LA River Corp.) is an entrepreneurial private nonprofit helping to implement the Revitalization Master Plan through land development and project AB 735 Page 6 management. Finally, the Los Angeles River Foundation is an independent, nonprofit fundraising arm. In September 2010, the LA River gained greater recognition when the United States Environmental Protection Agency (USEPA) announced that its designation as a "traditional navigable waterway" protected under the Clean Water Act would ensure its future the vitality. At the time, USEPA Administrator Lisa Jackson stated, "We want the LA River to demonstrate how urban waterways across the country can serve as assets in building stronger neighborhoods. A clean, vibrant LA River system can help revitalize struggling communities, promoting growth and jobs for residents of Los Angeles." The LA River was also identified in 2010 as a priority by the Obama administration under the America's Great Outdoors initiative and is now one of seven pilot cities for the Urban Waters Federal Partnership. In the ceremony announcing the designation, then-Secretary of the Interior Ken Salazar stated, "Once known for pollution and poverty, these watersheds can become model urban parks cherished for their trails and access to river recreation." The SMMC calls the potential transformation of the LA River into a continuous 51-mile recreational greenway "one of the most promising efforts underway in Los Angeles today." Working with the thirteen cities traversed by the LA River, as well as community groups, public agencies, private corporations and nonprofit organizations, the SMMC and the Mountains Recreation and Conservation Authority (MRCA) are hoping, like many other groups, to create a greenway composed of trails, parks, and natural lands. Other groups state that throughout history the LA River played an important role in the settlement of the great diversity of communities in the Los Angeles region and that today the river is surrounded by approximately 10 million people. Those groups hope that reestablishment of natural areas and parks along the river will promote economic vitality and much needed recreational opportunities in these heavily urbanized areas. AB 735 Page 7 Prior Legislation : SB 1201 (De León/2012) amended the Los Angeles Flood Control Act in order to provide for the public use of navigable waterways under the District's control that are suitable for recreational and educational purposes, when those purposes are not inconsistent with their use by the District for flood control and water conservation. SCR 101 (Pavley/2012) honored and commended the commitment, energy, vision, and leadership demonstrated by local, regional, state, and federal government agencies, as well as nonprofit and civic groups, organizations, and associations, in the creation of parks and the restoration of natural habitats along the LA River and its San Fernando Valley tributaries. Supporting Arguments : The author states that this bill will help promote the establishment of greenways, including an LA River greenway. The author advises that greenways can improve the quality of life in communities by providing connectivity between them and important recreational, open space, wildlife, flood management, water quality, air quality, transportation, emergency response, and urban waterfront revitalization opportunities. REGISTERED SUPPORT / OPPOSITION : Support Los Angeles River Corporation (sponsor) Opposition None on file. Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916) 319-2096