BILL ANALYSIS Ó
SB 1374
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Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
SB
1374 (Lara) - As Amended June 16, 2016
SENATE VOTE: 30-8
SUBJECT: The Lower Los Angeles River Recreation and Park
District Act
SUMMARY: Creates the Lower Los Angeles River Recreation and
Park District. Specifically, this bill:
1)Creates a new regional park district to be known as the Lower
Los Angeles River Recreation and Park District (District).
Requires that the initial board of directors of the District
shall consist of no more than 11 members, including one member
each appointed by the city councils of the cities of Vernon,
Maywood, Bell, Bell Gardens, Cudahy, Lynwood, Compton,
Paramount, and Long Beach, and 2 public members appointed by
the Los Angeles County Board of Supervisors. Provides that
the persons appointed shall serve at the pleasure of the city
council or county board of supervisors that made the
appointment.
2)Allows the board of directors to be reorganized through
election of directors, as specified in existing state law
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regarding reorganization of boards of directors of recreation
and park districts.
3)Provides that in addition to the powers and duties specified
in existing state law governing local recreation and park
districts, the District shall do all of the following:
a) Promote development of open space and parks along
the Lower Los Angeles River.
b) Identify funding and resources to promote the
revitalization of the Lower Los Angeles River and open
spaces along the river for the enjoyment and benefit of
local communities.
c) Acquire, construct, improve, maintain and operate
parks and open space along the Lower Los Angeles River.
4)Requires that the District conduct the activities specified in
3) above, in coordination with the Lower Los Angeles River
Working Group and the San Gabriel and Lower Los Angeles Rivers
and Mountains Conservancy.
5)Requires the initial board of directors within a reasonable
time to adopt a description of the territory to be included in
the District, and any other information that would be required
if the District were being formed by petition as authorized
under existing law for formation of local recreation and park
districts.
6)States that a special law is necessary to create the District
because of the urgent need for local park space along the
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Lower Los Angeles River and the communities through which it
passes.
EXISTING LAW:
1)Authorizes the formation of recreation and park districts at
the local level through a petition process. Requires that the
petition set forth the methods by which the district will be
financed, a proposed name for the district, and the method for
selecting the initial board of directors. Requires that the
petition be signed by not less than 25% of the registered
voters residing in the area to be included in the district, as
determined by the local agency formation commission (LAFCO).
2)Authorizes a proposal to form a new district to also be made
by the adoption of a resolution by the legislative body of a
county or city that contains the territory to be included in
the district. Requires a public hearing to be held on the
resolution and for a copy of the resolution to be filed with
the LAFCO for the county.
3)Requires the LAFCO to review and approve or disapprove the
proposal for creation of a new district. Prohibits the LAFCO
from approving a proposal to form a new district unless the
LAFCO determines that the proposed district will have
sufficient revenues to carry out its purpose, except as
specified.
4)Requires the Secretary of the Natural Resources Agency to
appoint a Lower Los Angeles River Working Group, which is
tasked with developing a revitalization plan for the Lower Los
Angeles River by March 2017.
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FISCAL EFFECT: Unknown
COMMENTS: This bill creates a new regional park district to
serve the Lower Los Angeles River region. The initial board of
directors would be organized as specified in this bill, but
could be reorganized later through statutory election processes
for creation of such districts. The author indicates that the
purpose of this bill is to create a special district to help
facilitate the construction, improvement, and maintenance of
parks and recreational facilities along the Lower Los Angeles
River.
1)Author's Statement: The Lower Los Angeles River flows through
many disadvantaged communities, where residents are
disproportionally impacted by poor air quality from local
heavy industry and congested transportation corridors, and
suffer from a severe lack of access to recreational
opportunities and outdoor park space. While the Lower Los
Angeles River serves an important purpose as a flood
protection and control channel, it also presents a unique
opportunity for open space, urban greening, and as a
recreational resource for the region. With numerous recent
developments, including the creation of a Lower Los Angeles
River Working Group to develop a revitalization plan, the
City's Los Angeles River Revitalization Master Plan, and
multiple conversations about a new vision for the river, there
is a growing local interest in rejuvenation of the river.
Through the formation of the Lower Los Angeles River Recreation
and Park District, working in collaboration with the Working
Group and the San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy, this bill will help to promote the
development of open space and parks for the benefit of
communities along the Lower Los Angeles River.
2)Background: Background materials provided by the author's
office include a recently released study by the Los Angeles
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County Department of Parks and Recreation which identified the
region around the Lower Los Angeles River as one of the most
park-poor areas in Los Angeles County. (See:
http://lacountyparkneeds.org/final-report/) . According to the
report, the City of Maywood has 0.3 park acres per 1000
residents, whereas the county-wide average is 3.3 acres per
1000 residents. The City of Bell has just 0.4 acres per 1000
residents. The City of Cudahy has just 19.8 acres of park
space in a city of 24,164 people. Of the 32 parks in the
city, one was rated as "good". The other 31 were rated as
"fair" or "poor". The author asserts that creating a special
district to facilitate the development of parks and open space
in the region will help to address these deficiencies.
Policy Questions: One question posed by this bill is why the
District is being created by statute rather than through the
normal LAFCO process set forth in existing law. Existing law
provides a process for districts to be created through a
petition or resolution process at the local level, with review
and approval by the local LAFCO. The committee may wish to
consider why the current LAFCO process is not a viable option
for the formation of the District and why establishment of the
District through statute is necessary. The author acknowledges
that there may be concerns that this bill could be interpreted
as circumventing the LAFCO process and undermining local
control by establishing the District through statute, rather
than through the LAFCO process. The author notes, however,
that while the Legislature granted the LAFCOs the authority to
create and dissolve special districts, the Legislature still
retains the authority to create special districts through
statute, and has exercised that authority in recent sessions.
The author maintains that in this particular case the impetus
for this effort needs to be initiated at the state level.
This bill also includes legislative findings that this bill is
necessary due to the urgent need for local park space along
the Lower Los Angeles River.
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This bill creates the District and the initial governing board
of the District from local cities and the county, but leaves
many of the responsibilities of the District, including
establishing the boundaries, to the board of local
representatives. This bill would also allow the board of
directors to be reorganized in the future through the local
election process provided for in statute.
A second question is whether the newly formed District will be
able to identify funding to fulfill the District's mission.
Under current law, a LAFCO is prohibited from approving the
formation of a new recreation and park district unless the
LAFCO determines that the district will have sufficient
revenues to fulfill its purpose. This bill would require the
newly formed District to identify funding and resources, and
to work with the Lower Los Angeles River Working Group and
the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy to do so.
Third, this bill would require the initial board of directors
for the District to develop boundaries for the District's
jurisdiction. The committee may wish to consider whether it
would be preferable instead to specify the boundaries of the
District in statute.
Finally, the Legislature passed legislation last year (AB 530
(Rendon)) to establish a Lower Los Angeles River Working Group
that is tasked with developing a revitalization plan for the
Lower Los Angeles River by March 2017, with assistance from
the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy. The committee may wish to consider how the new
District created by this bill would participate in that
effort, and whether it would complement or overlap the
functions of the working group and conservancy.
3)Double Referral: This bill is double-referred to the Assembly
Local Government Committee which is scheduled to hear this
bill after this committee.
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4)Prior and Related Legislation: AB 2453 (Achadjian), Chapter
350, Statutes of 2014, created the Paso Robles Water District.
AB 3 (Williams), Chapter 548, Statutes of 2015, created the
Isla Vista Community Services District.
AB 1232 (Huffman), Chapter 518, Statutes of 2010, consolidated
the Sewerage Agency of Southern Marin.
The Legislature established the Lake Cuyamaca Recreation and
Park District in 1961 through passage of special legislation,
Chapter 1654.
AB 530 (Rendon), Chapter 684, Statutes of 2015, required the
Secretary of the Natural Resources Agency to appoint a local
working group to develop a revitalization plan for the Lower
Los Angeles River watershed, called the Lower Los Angeles
River Working Group. The bill requires the working group by
March 2017 to develop a revitalization plan for the Lower Los
Angeles River, consistent with the County of Los Angeles's
Master Plan, and that includes watershed education programs.
The bill requires the San Gabriel and Lower Los Angeles Rivers
and Mountains Conservancy to provide staffing to assist the
working group.
5)Support Arguments: The author asserts this bill will help get
funding to the Lower Los Angeles River area for operation and
maintenance of parks. The single biggest barrier to
development of new parks is a lack of funding. The recently
approved state water bond (Proposition 1) does provide funding
opportunities for revitalization of the Lower Los Angeles
River watershed, including a $30 million direct allocation to
the San Gabriel and Lower Los Angeles Rivers and Mountains
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Conservancy, and a share of $100 million for urban creek
restoration. However, those funds are limited to acquisition
and development of facilities, and cannot be used for
operation or maintenance of park facilities. A lack of local
resources often means that parks cannot be developed, or if
they are they cannot be properly maintained. The author notes
that parks have many beneficial impacts on communities;
encouraging physical activity, improving health and fitness,
reducing urban heating effects and air pollution, reducing
greenhouse gas emissions through trees and greenery, and
providing important economic benefits.
6)Opposition Arguments: None received.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096
SB 1374
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