BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
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|Bill No: |SB 1374 |Hearing | 8/29/16 |
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|Author: |Lara |Tax Levy: |No |
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|Version: |8/19/16 |Fiscal: |Yes |
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|Consultant|Favorini-Csorba |
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The Lower Los Angeles River Recreation and Park District
Authorizes the formation of the Lower Los Angeles River
Recreation and Park District.
Background
Local Agency Formation Commissions. The Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000 (CKH Act) 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. The CKH Act 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
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to the proceedings contained in the CKH Act. 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 CKH Act 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
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of recreation facilities.
Los Angeles River Restoration. The Los Angeles 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
include the Cities of Vernon, Commerce, Maywood, Bell, Bell
Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, Carson
and Long Beach. The Lower River is fed by the tributaries
Compton Creek and Rio Honda, which is bordered by the Cities of
Commerce, Downey, Montebello, and Pico Rivera.
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 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. However, AB 530 (Rendon, 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.
Some elected officials want to create a park district to assist
in the funding and development of parks along the Lower Los
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Angeles River.
Proposed Law
Senate Bill 1374 authorizes the formation of the Lower Los
Angeles River Recreation and Park District (District) pursuant
to the CKH Act and the Recreation and Park District Law until
January 1, 2019, and establishes the governance and powers for
the District.
SB 1374 requires the District's initial board of directors to
consist of no more than 13 members, appointed by cities that
border the LA River, its tributaries, and Los Angeles County.
Specifically:
The city councils of the Cities of Vernon, Maywood,
Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton,
Paramount, and Long Beach may each appoint one
representative.
The Los Angeles County Board of Supervisors may appoint
two public members and must include at least one
representative of a nonprofit organization serving the
Lower Los Angeles River region.
The city councils of the Cities of Commerce, Downey,
Montebello, and Pico Rivera may jointly appoint one
representative, who serves for a two-year fixed term.
Except for the jointly appointed board member, board members
serve at the pleasure of their appointing legislative body, and
the board may be reorganized as provided in the Recreation and
Park District Law.
SB 1374 authorizes the District to exercise the powers and
financing authority provided under existing law to recreation
and park districts, subject to review and approval of the Los
Angeles County Local Agency Formation Commission (LAFCO). SB
1374 also requires the District, in coordination with the Lower
Los Angeles River Working Group and the San Gabriel and Lower
Los Angeles Rivers and Mountains Conservancy, to:
Promote the development of open space and parks along
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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;
Acquire, construct, improve, maintain, and operate parks
and open space along the Lower Los Angeles River.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . Access to parks and open space is
linked to numerous benefits for the public, such as improved air
quality, increased exercise activities, reduced obesity rates,
improved mental health, reductions in urban heating effects, and
lower greenhouse gas emissions. Yet many people of color and
people who live in low income communities lack access to parks.
This problem is particularly pronounced in southern Los Angeles,
where numerous studies have found that residents along the Lower
LA River are disproportionally impacted by poor air quality and
lack access to recreational opportunities and outdoor park
space. One obstacle to enhancing access to parks for these
communities is a lack of funding. SB 1374 authorizes the
creation of the Lower Los Angeles River Recreation and Park
District with the authority to levy fees, taxes, or assessments
to fund parks along the Lower LA River. By providing access to
funding and a single governmental body that represents affected
cities and counties along the Lower LA River and possesses
revenue-raising authority, this bill will ensure that residents
in those areas have access to the benefits that many other
Californians enjoy.
2. Local needs, local solutions . SB 1374 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
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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 precedent set by
authorizing the creation of new special districts when similar
bodies may already be created through actions at the local
level.
3. Related legislation . AB 2444 (Garcia), which the Committee
approved by a vote of 4-1 at its June 29, 2016 hearing, enacts
the California Parks, Water, Climate, and Coastal Protection and
Outdoor Access For All Act of 2018. If approved by the voters
at the June 5, 2018 statewide primary election, the act
authorizes issuance of $3.5 billion in General Obligation bonds
to finance parks, water, climate adaptation, coastal protection,
and outdoor access programs. Among other things, AB 2444 would
allocate $995 million for the creation and expansion of safe
parks in park-poor neighborhoods and an additional $187.5
million for multi-benefit greening projects in urbanized areas
along waterways. If approved, the District (as well as the
local governments represented on its board) would be eligible to
receive funding from this bond. AB 2444 is pending in the
Senate Rules Committee.
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 1374
authorizes the creation of a district that may enact rules and
regulations, violations of which are a misdemeanor. By creating
a new crime, SB 1374 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]).
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5. Special legislation . The California Constitution prohibits
special legislation when a general law can apply (Article IV,
§16). SB 1374 contains findings and declarations explaining the
need for legislation that applies only to the Lower Los Angeles
River.
6. New bill, prior votes not relevant . As passed by the Senate,
SB 1374 contained provisions relating to San Gabriel and Lower
Los Angeles Rivers and Mountains Conservancy. The Senate
Governance & Finance Committee never heard that version of the
bill. The June 16 amendments deleted SB 1374's contents and
inserted the current language relating to the Lower Los Angeles
River Recreation and Park District.
Assembly Actions
Assembly Water, Parks, and Wildlife Committee: 11-4
Assembly Local Government Committee: 5-3
Assembly Appropriations Committee: 11-3
Assembly Floor: 57-20
Support and
Opposition (8/24/16)
Support : City of Bell Gardens; City of Compton; City of Lynwood;
City of Maywood; City of Paramount; City of South Gate.
Opposition : Unknown.
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