BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 735
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          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,  








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            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  








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               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  








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          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  








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          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  








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          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.









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           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