BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: SB 1201 HEARING DATE: April 10, 2012
AUTHOR: De Leon URGENCY: No
VERSION: April 9, 2012 CONSULTANT: Katharine Moore
DUAL REFERRAL: Judiciary FISCAL: Yes
SUBJECT: Los Angeles River.
BACKGROUND AND EXISTING LAW
In the late 1700s when the Spanish founded the pueblo that
became Los Angeles, the Los Angeles River (River) supported
diverse flora and fauna and much of what is now southern and
western Los Angeles was marsh. The Spanish followed the example
of the Native Americans and settled near the river to use its
flow to supply drinking and irrigation water. As Los Angeles
grew and prospered, settlements and farming continued to
encroach upon the river's floodplain, while also depending upon
it for water. As time progressed, booming development along the
river as well as increasing urbanization provided for larger and
larger impacts from river flooding. Between 1850 - 1900, there
were 11 major flood events along the river. The devastating
flooding in 1914 led to the passage of the Los Angeles Flood
Control District Act the next year (c. 755, Statutes of 1915).
More serious flooding in the 1930s forced the Flood Control
District to ask for federal help. In 1936, Congress directed
the US Army Corps of Engineers (Corps) to "channelize" the river
to help control flooding. Channelization by concrete started in
1938 and was completed in 1960. The river is now straighter and
deeper in many locations which moves high volumes of flood water
rapidly downstream to San Pedro Harbor. The Flood Control
District and the Corps share the responsibility for the
operation and management of these flood control and water
conservation facilities.
Today the river begins in Canoga Park at the confluence of Bell
Creek and the Arroyo Calabasas. It flows mostly east through
the San Fernando Valley, where numerous tributaries join, to
Burbank and Griffith Park. The river begins to head south here
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and continues heading mostly south past the confluence with the
Arroyo Seco and through downtown Los Angeles to its eventual
discharge into the Harbor at Long Beach. The river is 51 miles
long and the first 32 miles of it is within the City of Los
Angeles. The river flows through 13 cities in total and is
entirely contained within the County of Los Angeles. It is now
almost entirely lined in concrete, although there are 3
"soft-bottomed" sections in the Sepulveda Basin (San Fernando
Valley), Griffith Park and in Long Beach. Particularly along
the "lower" river, industrial activity and railyards are
immediately adjacent to the river and effectively isolate it
from the surrounding communities.
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, community
activism over turning a railyard adjacent to the river - the
Taylor Yards - into open space coincided with the County of Los
Angeles beginning a process that - after considerable input from
stakeholders and community outreach - resulted in the County's
Los Angeles River Master Plan (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. This river revitalization aimed to
"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 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. Both plans contain a list of river
projects to be completed and seek to re-focus the surrounding
neighborhoods on 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
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continue to inform planning activities. For example, both
recently-approved City and County of Los Angeles Bicycle Plans
shows bicycle paths along the entire length of the river and its
tributaries to be completed 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 Revitalization Corporation is the entrepreneurial
private nonprofit that will help implement the Revitalization
Master Plan through land development and project management. It
has had recent success with the Atwater Street Bridge project.
The Los Angeles River Foundation is an independent, nonprofit
fundraising arm. The Los Angeles River Cooperation Committee is
the government entity charged with river management in the city
and is a cooperative agreement established between the city and
the Los Angeles County Flood Control District by a Memorandum of
Understanding (MOU) in 2009 that the Corps signed on to
separately. The River Cooperation Committee is charged with
reviewing and recommending projects within the city. By the
terms of the MOU, projects must be recommended by the River
Cooperation Committee prior to approval by the county, city or
the corps. The MOU specifically provides for recreational use
of river facilities, as well as the addition of new features to
preserve, protect and enhance the "scenic beauty and natural
environment" so long as the primary flood control function is
paramount. Routine maintenance, operations and "small-scale
events" generally do not require River Cooperation Committee
review, but all projects should be referred to it for action.
The District committed to notifying the River Cooperation
Committee for permit requests that might impact the projects
under its consideration. The River Cooperation Committee met 3
times in 2011 and once in 2012 with two more meetings planned.
Seven projects were reviewed and recommended to date and all
projects involved relatively significant construction.
PROPOSED LAW
This bill would:
Make a series of legislative findings in support of the
bill;
Establish a Los Angeles River Interagency Council, of
specified composition, to promote public access to and
enhance safety features along the river, coordinate
permitting processes for public access to the river and
other specified duties; and
Modify the Los Angeles County Flood Control Act of 1915
to provide for public use of navigable waterways for
recreational and educational purposes.
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ARGUMENTS IN SUPPORT
According to the author, "SB 1201 establishes the Los Angeles
River Interagency Council to ensure that open and accessible
areas of the LA River are identified for recreational purposes.
This measure provides the framework and policy goals needed to
identify and eliminate the barriers to public use. Many areas
surrounding the LA River have limited access to open space and
there are significant disparities in park access in lower-income
neighborhoods, as they have dramatically less access to park
space than more affluent areas. Without bike pathways, pocket
parks or other recreational amenities, many of our communities
are further challenged to live healthier, more prosperous lives.
This measure ensures that we use an existing resource for the
public benefit and that we address the public needs in this
process."
According to the Friends of the Los Angeles River (FoLAR),
"?since channelization of the river Ý?] agency policies
generally exclude the public from river access and use except
under a restrictive and difficult permit process. In spite of
this, we are now witnessing rapidly increasing public interest
in the Los Angeles River accompanied by a significant increase
in actual use for a number of recreational purposes." FoLAR
continues that public access to and use of the river is "greatly
complicated by a multiplicity of federal, state and local
agencies with river-related jurisdiction" and current
coordination policies are inadequate.
ARGUMENTS IN OPPOSITION
The Los Angeles County Board of Supervisors opposed an earlier
version of this bill. Of continuing relevance, the Executive
Officer states "The proposed Council Ý...] would duplicate
current, successful local efforts of the County and other
entities that directly address environmental, recreational and
other issues relating to the Los Angeles River watershed.
Specifically, the effectiveness of the existing Los Angeles
River Master Plan is the direct result of the collaboration of
public and private sector stakeholders, local/state/federal
agencies, and environmental organizations interested in the
future of the Los Angeles River. It addresses the recreational,
flood management and water conservation, environmental quality,
economic development, aesthetic, public access, and
jurisdictional considerations of all communities along the
river. It also provides a mechanism for the coordination of
local projects by the County of Los Angeles and the many cities
along the River and the Tujunga Wash. The effectiveness of the
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Master Plan is complemented by the City of Los Angeles' own
similar river revitalization master plan, and by the River
Cooperation Committee, a collaborative undertaking of the Los
Angeles County Flood Control District and the City of Los
Angeles, with the Army Corps of Engineers serving in an advisory
capacity."
"In addition, the Flood Control Act already authorizes the
ÝFlood Control District] to provide, by agreement with other
public agencies or private persons or entities, for the
recreational use of the lands, facilities, and works of the
District which do not interfere or are inconsistent with the
primary use and purpose of lands and facilities of the
District." (italics and bold in the original)
"Based on all of the above, it is clear that sufficient,
effective local mechanisms already exist to ensure all of the
objectives SB 1201 hopes to accomplish."
COMMENTS
Does the state have a role in the Los Angeles River? Multiple
state agencies have jurisdiction to varying degrees over
elements of the Los Angeles River and its tributaries. These
include the Santa Monica Mountains Conservancy (SMMC)(projects
along the upper Los Angeles River), the River and Mountains
Conservancy (projects along the lower Los Angeles and San
Gabriel Rivers), the State Lands Commission (retains public
trust responsibilities on behalf of the state at the river's
mouth in Long Beach), the Mountain and Rivers Conservation
Authority (a joint powers authority agreement including the SMMC
and two local agencies working on park and related projects,
including the Tujunga Wash Greenway Restoration Project, Marsh
Park and other "pocket" parks along the Los Angeles River and
its watershed), the Department of Fish and Game (wildlife in the
River), the Department of Parks and Recreation (the Los Angeles
State Historic Park (formerly the Cornfields site), the Rio de
Los Angeles State Park (formerly the Taylor Yards), among
others), the State Coastal Conservancy, the Regional Water
Quality Control Board (establishing and enforcing water quality
standards), the Department of Water Resources (integrated
regional water management plans) and Caltrans. State bond funds
- either directly or through grants - have also been used to
support Los Angeles River and related projects. Most recently,
these include Propositions 12 (2000), 13 (2000), 40 (2002), 50
(2002) and 84 (2006). The Committee may wish to provide an
additional role for the state in the establishment of the
proposed Council.
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River stakeholders In addition to the state, many other
governments and government agencies - as well as private and
non-profit groups - have interests in the Los Angeles River. At
the federal level, the Corps has a historic, important and
dominant role in building, managing and coordinating flood
control programs. Further, it was a Corps' permit that allowed
the overwhelmingly successful "Paddle the LA River" kayaking
program to occur for a limited time in 2011. The US
Environmental Protection Agency, as well as the Department of
Interior, have on-going roles in the River and are anticipated -
through the Urban Waters Federal Partnership Program and the
America's Great Outdoors Initiative - to play important
coordinating roles among federal agencies and departments in the
near future to the river's benefit. The National Park Service
and the US Forest Service are also involved. The County of Los
Angeles, through the Flood Control District and Public Works
Department, has a critically important role to play along the
river. The county coordinates access permits to most of the
river. There are 13 cities and several distinct neighborhoods
of the City of Los Angeles, such as Studio City, that the Los
Angeles River flows through. These cities, neighborhood
councils and departments within the City of Long Beach also have
an interest in the river and jurisdiction over elements of it.
Finally, there are numerous environmental, social justice,
cultural and community-based organizations involved in fostering
the revitalization of the Los Angeles River and related
projects. These stakeholders have been critical to garnering
community support for river projects and have helped to
undertake and maintain many of them. The Committee may wish to
recognize the role of the river in the history of Los Angeles,
the contributions of several important stakeholders to the
river, and incorporate technical changes in this bill (Amendment
1).
The published advisory committees and stakeholder groups for
both the county and city's River Master Plans show the number of
interested organizations and stakeholders. There was a 37
member advisory committee to the county and its departments for
the Master Plan. Well over 100 individuals served on
sub-committees for the Master Plan. Similarly, 32 individuals
from various non-city organizations sat on the advisory
committee for the Revitalization Master Plan and an additional
60-odd stakeholder groups (including a handful of state
agencies) participated in the process. All of these numbers do
not include the thousands of individuals who participated in the
outreach activities associated with both plans. Community
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interest and involvement is high. According to FoLAR, numerous
individuals have signed an on-line petition in support of SB
1201.
The proposed Council - composition To be effective, the Council
should be of manageable size. The number of interested
stakeholders, as indicated above, is high and a Council where
each served would likely exceed a feasible size. The Department
of Fish and Game is contained within California's Natural
Resources Agency and its interests can be represented by the
Secretary of the Agency or his or her local designee who serves
as chair of the Council. Therefore, in addition to clarifying
technical changes, the Committee may wish to establish a limited
size for the Council while retaining its government-focused
membership (Amendment 2). The Council remains required to fully
engage with all of its stakeholders publicly and through the
input of any and all local government, technical and advisory
committees formed to provide input to the Council.
The proposed Council - duties By law, the Corps has been and
will continue to be an important part of the river and its
operations, particularly with respect to public access. The
Council may have difficulty fulfilling its mission without the
input of the Corps. Further, the River Cooperation Committee
during its relatively brief existence appears to have concerned
itself with permanent infrastructure projects, such as the Trust
for Public Land's Los Angeles River and Aliso Creek Confluence
Project, although the projects may incorporate easements to
allow public access to previously restricted areas along the Los
Angeles River. In contrast, the Council's mission appears to
largely focus on facilitating public use of the river in
general. For example, this appears to include pursuing the
coordination of permitting activities necessary for one of the
river clean-up days that the Friends of the Los Angeles River
and other groups have organized. While the planned Master Use
document specified under the MOU may address concerns such as
the coordination of permitting, the River Cooperation Committee
has not addressed this issue to date. This bill appears to
envision that the Council will. The MOU language indicates that
smaller projects may be left to the individual signatories.
However, the River Cooperation Committee has broad direction in
the MOU to concern itself specifically with public access and
safety issues. It is also important to note, that there is
established safety signage for the river in use already (see the
Master Plan's Sign Guidelines, August 2003). The Council should
not duplicate efforts already underway. Therefore, the
Committee may wish to modify the duties of the Council
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(Amendment 2) in order to help it achieve its mission.
The Los Angeles County Flood Control District's primary mission
is flood control . Heavy rainfall in the mountains of the Los
Angeles River watershed is a not-infrequent occurrence and is
likely to remain so in the future. All of the planning
documents for the revitalization of the river recognize the
on-going need to manage the river for flood control while
encouraging its use for recreation, and cultural and educational
activities, among others. Paragraphs 13 and 14 of section 2 of
the County's Flood Control Act provide broad authority to the
District to allow recreational uses of the river, but
educational activities are not mentioned. The Committee may
wish to add language to clarify the primacy of flood control
(Amendment 3).
This bill is a work in progress . According to the author's
office, negotiations are continuing with local stakeholders
regarding specific provisions of this bill, including the
composition of the Council. Should the bill pass the Committee,
the Committee may wish to direct Committee staff to continue
working with the author on the elements within the Committee's
jurisdiction.
Related recent and pending legislation
AB 1558 (Eng, 2012) - would remove the sunset provision in
statute providing immunity (Government Code §831.8) to injuries
caused by the condition or use of unlined channels and adjacent
groundwater spread grounds that are operated by Los Angeles
County Department of Public Works (County Flood Control
District). In Senate Rules Committee
AB 315 (De León, 2010) - would have required the Santa Monica
Mountains Conservancy to perform a feasibility study on
incorporating the Bowtie parcel adjacent to the Rio de Los
Angeles State Park and other Los Angeles River parkway projects.
held in Senate Rules Committee
AB 2214 (Fuentes, 2010) - would have required the Santa Monica
Mountains Conservancy to perform a feasibility study evaluating
the Pacoima Wash. held in Senate Rules Committee
AB 1818 (Blumenfield, 2010) - would have established an Upper
Los Angeles River and Watershed Protection Program administered
by the Santa Monica Mountains Conservancy to address resource
protection, recreation, water quality and conservation and
created an Advisory Committee to that end. held in Assembly
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Appropriations Committee Suspense file
AB 2554 (Brownley, c. 602, statutes of 2010) - modified the Los
Angeles Flood Control Act to authorize the District to impose a
fee or charge to pay for projects providing services to improve
water quality and reduce stormwater and urban runoff pollution.
SBX 7 2 (Cogdill, c. 3, Statutes of 2009) and AB 1265
(Caballero, c. 126, Statutes of 2010) - the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012 (the current water
bond) would provide funding for projects on the Los Angeles
River and San Gabriel Rivers through the Conservancies as well
as funding for projects in their respective watersheds.
SB 1512 (Hayden, 2000) - would have convened a conference to
identify park and related needs in Los Angeles, mandated
Department of Parks and Recreation action in select activities
in the Los Angeles area, and established advisory councils to
advise on revitalization of the Los Angeles and San Gabriel
River watersheds. vetoed by Governor Davis citing unfunded
mandates and duplication of existing efforts
SB 1188 (Hayden, 1997) - would have stated the Legislature's
intent to encourage recreation, community development, increased
open space and wildlife habitat along the Los Angeles River
subject to essential flood control activities and encouraged
multi-level partnership and coordination among public agencies
and private organizations to that end. no action taken in the
Assembly
SUGGESTED AMENDMENTS
AMENDMENT 1
Page 2, line 1: delete line 1 and replace with:
"SECTION 1. (a) Early Native American and Spanish
settlements in the greater Los Angeles alluvial plain
critically depended upon and were in close proximity to the
Los Angeles River which provided plentiful fresh water."
"(b) Multiple local, regional, state and federal agencies
as well as municipal governments have jurisdiction or
interests in the Los Angeles River. The United States Army
Corps of Engineers, in particular, has been a long-time and
fruitful partner in the stewardship and flood control
operations of the Los Angeles River."
"(c) Planning over the decades has envisioned the Los
Angeles River as a vital component of the life of the urban
areas surrounding it by providing parkways, open space,
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bicycle and pedestrian paths and other recreational
opportunities, although more recently many neighborhoods
have turned away from the concrete channel it has largely
become. Both the County (1996) and City of Los Angeles
(2007) and other municipalities have developed Master Plans
and other planning documents which call for the
revitalization of the Los Angeles River with the
multi-benefit goals of enhancing the environment and
habitat, improving flood storage and water quality,
generating economic development, increasing community
involvement and providing open space, among others."
"(d) The United States Environmental Protection Agency in
2011 named the Los Angeles River to its Urban Waters
Federal Partnership and the Los Angeles River was also
selected to be part of the federal America's Great Outdoors
Initiative in 2012 indicating strong federal interest in
the on-going revitalization of the Los Angeles River."
"(e) The United States Environmental Protection"
Page 3, line 1: delete ", and therefore" and insert:
"that must not be obstructed by any individual,
partnership, or corporation, and case law protecting the
public trust. Therefore"
Page 3, line 3: delete "(b)" and replace with "(f)"
Page 3, line 8: delete "(c)" and replace with "(g)"
Page 3, lines 9 - 10: delete "by multiple state and federal
agencies is" and replace with "at multiple levels of
government are"
AMENDMENT 2
Page 4, between lines 11 and 12, insert: "(1) The
secretary of the Natural Resources Agency, or his or her
local designee, who shall chair the council."
Page 4, line 12, delete "(1) The" and replace with "(2) A
representative of the"
Page 4, line 13, delete "(2) The" and replace with "(3)A
representative of the"
Page 4, line 14, delete "(3) The" and replace with "(4) A
representative of the"
Page 4, line 15, delete the line, inclusive.
Page 4, line 16, delete "The" and replace with "A
representative of the"
Page 4, line 17, delete "The" and replace with "A
representative of the"
Page 4, lines 18 - 19: delete both lines, inclusive, and
replace with:
"Any local government which has jurisdiction over the Los
Angeles River or its tributaries that is not already named
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to the council may participate in the council at the
request of the local government. There shall be up to
three members of the council from local governments. If
more than three local governments wish to participate, a
committee shall be formed of the local governments and the
committee shall select three members to represent them on
the council. No local government may have more than one
representative in the committee of local governments or on
the council."
Page 4, line 22, insert "with ex-officio status" between
"traverses" and the period following "traverses"
Page 4, line 25, insert "with ex officio status" between
"traverses" and the period following "traverses"
Page 4, lines 26 - 27, delete both lines, inclusive, and
replace with "(b) The United States Army Corps of Engineers
shall be invited to advise the council."
Page 4, line 32: insert "work to" between "and" and
"eliminate"
Page 4, line 33: delete "Provide" and replace with "Develop
a system to and provide"
Page 4, line 35: delete "Provide" and replace with "Develop
and provide for"
Page 4, line 38: insert "and its tributaries" between
"River" and the period following "River"
Page 4, after line 38: insert "(d) the council shall
coordinate project review with the Los Angeles River
Cooperating Committee." and "(e) the council shall meet no
less than two times per calendar year."
Page 5, line 1: replace "(d)" with "(f)"
Page 5, line 4: replace "(e)" with "(g)"
Page 5, line 8: replace "(f)" with "(h)"
Page 5, line 13: replace "(g)" with "(i)"
Page 5, line 14: replace "(h)" with "(j)"
Page 5, line 17: replace "(i)" with "(k)"
AMENDMENT 3
Page 5, line 33: insert "when these purposes are not
inconsistent with the use thereof by the district for flood
control and water conservation" between "purposes" and the
period following "purposes".
SUPPORT
None Received
OPPOSITION
Los Angeles County Board of Supervisors
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