BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          1374 (Lara)


          As Amended  August 15, 2016


          Majority vote


          SENATE VOTE:  30-8


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Water           |11-4 |Levine, Dodd, Eggman, |Gallagher, Bigelow, |
          |                |     |Cristina Garcia,      |Harper, Mathis      |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Gomez, Lopez,         |                    |
          |                |     |Nazarian, Olsen,      |                    |
          |                |     |Salas, Williams       |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Local           |5-3  |Eggman, Bonilla,      |Waldron, Beth       |
          |Government      |     |Chiu, Cooley, Gordon  |Gaines, Linder      |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |11-3 |Gonzalez, Bloom,      |Bigelow, Jones,     |
          |                |     |Bonilla, Bonta,       |Obernolte           |
          |                |     |Eggman,               |                    |








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          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood, McCarty  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Authorizes the formation of the Lower Los Angeles (LA)  
          River Recreation and Park District (District) pursuant to  
          existing law, and establishes the governing board structure and  
          powers of the District.  Specifically, this bill:  


          1)Authorizes the formation of the Lower Los Angeles River  
            Recreation and Park District (District) pursuant to the  
            Cortese-Knox-Hertzberg Reorganization Act of 2000 (Act), and  
            establishes the governance and powers for the District.  


          2)Requires, notwithstanding the provisions in the principal act  
            that specify the selection of the initial board of directors  
            (Board), the District's initial board of directors to consist  
            of no more than 13 members as follows:  


             a)   The city councils of each of the following cities may  
               appoint one representative:  Vernon, Maywood, Bell, Bell  
               Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount,  
               and Long Beach.  


             b)   The Los Angeles County Board of Supervisors (Board of  
               Supervisors) may appoint two public members.  Requires one  
               of the public members to be a representative of a nonprofit  
               organization serving the Lower Los Angeles River region.  









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             c)   The city councils of each of the following cities may  
               jointly appoint one representative:  Commerce, Downey,  
               Montebello, and Pico Rivera.  Requires the one  
               representative jointly appointed to serve for a two-year  
               term.  


          3)Requires a person appointed to the Board to serve at the  
            pleasure of the city council or Board of Supervisors that made  
            the appointment.  


          4)Authorizes the Board to be reorganized pursuant to the  
            Recreation and Park District Law.  


          5)Requires, if the District is established, the District, in  
            addition to the powers in the principal act which are subject  
            to review and approval of the Los Angeles County Local Agency  
            Formation Commission (LAFCO) upon formation, change of  
            organization, or reorganization, to do all of the following:


             a)   Promote the 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 benefit and enjoyment of  
               local communities; and,


             c)   Acquire, construct, improve, maintain, and operate parks  
               and open space along the Lower Los Angeles River.  


          6)Requires the District to conduct the activities in 5) above,  








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            in coordination with the Lower Los Angeles River Working Group  
            and the San Gabriel and Lower Los Angeles Rivers and Mountains  
            Conservancy.  


          7)Finds and declares that a special law is necessary and that a  
            general law cannot be made applicable because of the urgent  
            need for local park space along the Lower Los Angeles River  
            and the communities through which it passes.  


          8)States that no reimbursement is required by this bill because  
            the only costs that may be incurred by a local agency or  
            school district will be incurred because this bill creates a  
            new crime or infraction, eliminations a crime or infraction,  
            of changes the penalty for a crime or infraction, pursuant to  
            existing law. 


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


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


          COMMENTS:  


          1)Existing Law and Bill Summary.  The Recreation and Park  
            District Law is a principal act that governs the 95 recreation  
            and park districts in California.  As a special district,  
            recreation and park districts are subject to LAFCO  
            jurisdiction and are subject to the proceedings contained in  








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            the Cortese-Knox-Hertzberg Local Government Reorganization Act  
            of 2000 (Act).  This bill authorizes the formation of the  
            District subject to the Act.  


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


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


          2)Author's Statement.  According to the author, "The Lower LA  
            River flows through many disadvantaged communities, where  
            residents are disproportionally impacted by poor air quality  
            from local heavy industry and congested transportation  








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            corridors, and suffer from a severe lack of access to  
            recreational opportunities and outdoor park space.  A recently  
            released study by the Los Angeles County Department of Parks  
            and Recreation identified the region around the Lower Los  
            Angeles River as one of the most park-poor areas in LA County.  
             


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


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


            "While the Lower LA River serves an important purpose as a  
            flood protection and control channel, it also presents a  
            unique opportunity for open space, urban greening, and as a  








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            recreational resource for the region.  With numerous recent  
            developments, including the creation of a Lower Los Angeles  
            River Working Group to develop a revitalization plan, the  
            City's Los Angeles River Revitalization Master Plan, and  
            multiple conversations about a new vision for the river, there  
            is a growing local interest in rejuvenation of the river.  


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


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


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


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








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            of open space, recreational, cultural, artistic, educational  
            and other opportunities.  


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


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



          4)Arguments in Support.  None on file.  


          5)Arguments in Opposition.  None on file.  




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














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