BILL ANALYSIS
SB 666
Page 1
Date of Hearing: September 10, 2003
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Hannah-Beth Jackson, Chair
SB 666 (Bowen) - As Amended: September 9, 2003
SENATE VOTE : Vote not relevant
SUBJECT : Ballona Wetlands.
SUMMARY : Provides statutory authority to transfer 62 acres for
wetland preservation in the Ballona Wetlands fronting on Santa
Monica Bay, north of the Los Angeles International Airport. This
transaction is coordinated with the pending acquisition and
conveyance of an additional 483 acres, which the State will
obtain partly by purchase and partly by donation. The various,
related land transactions result in the State obtaining title to
a total of 545 acres.
EXISTING LAW allows a final subdivision map that has been
recorded to be amended if the local agency finds that changed
circumstances make the map inappropriate or unnecessary and that
the modified map, without the proposed improvements, will avoid
substantial environmental damage or injury to fish or wildlife
or their habitat. (Government Code 66472.1, 66474(e))
THIS BILL :
1)Declares that the failure to construct a previously approved
bridge across the Ballona Creek Channel and a road to connect
Culver Blvd. and Jefferson Blvd. and provide access to the
portion of Playa Vista (south of Jefferson Blvd. and east of
Lincoln Blvd.) that is already partially developed is not a
violation of the Subdivision Map Act (Government Code 66410
et seq.) or the California Environmental Quality Act (Public
Resources Code 21000 et seq.) if the following conditions are
met:
a) The project owner or developer, Playa Capital Company,
relinquishes to the State of California the easement over
lands held in trust for the State on which the road would
have been constructed.
b) The easement is relinquished as part of a multi-parcel
transaction with the Wildlife Conservation Board (WCB) that
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results in the acquisition of a total of at least 400 acres
in the coastal zone in Los Angeles County.
2)Declares that any ordinance of the City of Los Angeles is
inapplicable to the extent it requires construction of the
road and bridge or it otherwise requires a new permit or
subdivision map approval.
3)Requires the State Controller to direct the trustee to
transfer the State's trust interest in the parcel where the
road would have been built to the WCB for conservation,
restoration, or recreation purposes only, if the WCB acquires
a total of at least 400 acres in the coastal zone from Playa
Capital Company, LLC. This parcel was part of the former
Howard Hughes estate and was transferred to the State in trust
as part of the settlement of the Hughes estate's inheritance
tax liability.
4)Declares that the Controller's transfer of the trust interest
pursuant to this bill supersedes any requirement imposed on
the Controller by the Probate Code or the Revenue and Taxation
Code with respect to the disposition or use of the net
proceeds of the trust estate.
5)Declares that this bill does not violate Section 16 of Article
IV of the California Constitution, which invalidates any
special statute if a general statute can be made applicable,
and makes findings of special circumstances supporting this
declaration.
6)Makes the bill contingent on the enactment, by January 1,
2004, of AB 859 (Nakano and Wesson), which reappropriates
$25,000,000 from a previous appropriation from the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000, for the acquisition, protection,
and restoration of the Ballona Wetlands.
FISCAL EFFECT : Unknown
COMMENTS :
According to the author's office, the Ballona Wetlands is the
largest intact coastal wetland ecosystem and one of the last
wetlands remaining in Los Angeles County. About 98% of the
historical wetland areas of Los Angeles County have been filled
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and developed. The Ballona Wetlands encompass a variety of
diverse habitats (estuary, salt marsh, dune, etc.), and is
important to both resident and migratory bird species.
Acquisition will create opportunities for natural resource
interpretation for school groups and scenic open space for
compatible recreation by visitors and residents of the
surrounding metropolitan area.
The parcels referred to in this analysis are delineated on the
accompanying map. The Trust for Public Land (TPL) currently
holds an option from Playa Capital Company, the owner and
developer of Playa Vista, for the acquisition of the
approximately 138 acres comprising Area A and the approximately
54 acres comprising Area B (both in blue on the map). The
option price for Areas A and B is $139,000,000. The option is
currently scheduled to expire on September 17, 2003.
Upon TPL's subordinating the options to the WCB, the WCB will
purchase Areas A and B and from Playa Capital. The WCB will
expend $140,000,000 (the option price plus state administrative
costs) for this acquisition from the $750,000,000 that is
continuously appropriated to the WCB by the Water Security,
Clean Drinking Water, Coastal and Beach Protection Act of 2002
(which was enacted by the voters as Proposition 50 at the
November 2002 general election) for the acquisition, protection,
and restoration of coastal wetlands and other coastal resources.
(Water Code 79572)
AB 859 (Nakano and Wesson), which is pending in the current
Session, reappropriates $25,000,000 that was previously
allocated to the State Coastal Conservancy (Conservancy) by the
Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Act of 2000 (the Villaraigosa-Keeley Act) (which was
enacted by the voters as Proposition 12 at the March 2000
primary election) for the acquisition, protection, and
restoration of coastal wetlands in Los Angeles County. (Public
Resources Code 5096.352(f)) Upon completion of the
acquisitions, the Conservancy, using these funds, will take the
lead in planning restoration of the wetlands and doing some or
all of the restoration work. This bill is contingent on the
enactment of AB 859 by January 1, 2004.
The approximate 62 acres comprising Area C (in grey) is the
property that was formerly part of the Howard Hughes estate and
is currently held in trust by the State Controller in partial
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settlement of estate taxes owed by the Hughes estate. The bill
requires the Controller to direct the trustee to convey title to
Area C to the WCB concurrently with the acquisition of Areas A
and B.
As a further part of this transaction, Playa Capital has already
agreed to donate the remaining 208 acres labeled "Ballona
Wetlands Parcel" and the 83 acres labeled "Ballona Channel
Creek" (both in green) to the WCB. (This bill does not affect
the areas in gold labeled "Freshwater Marsh" and "Expanded
Wetlands Parcel".)
These acquisitions are summarized as follows:
-----------------------------------------------------
| |Approx. |
| |acres |
|----------------------------------------+------------|
|Area A (blue)-TPL option |138 |
|----------------------------------------+------------|
|Area B (blue)-TPL option |54 |
|----------------------------------------+------------|
|Ballona Wetlands Parcel (green)-Playa |208 |
|Capital donation | |
|----------------------------------------+------------|
|Ballona Channel Creek (green) )-Playa |83 |
|Capital donation | |
|----------------------------------------+------------|
|Area C (grey)-state trust lands |62 |
|----------------------------------------+------------|
|TOTAL |545 |
-----------------------------------------------------
REGISTERED SUPPORT / OPPOSITION :
Support
Ballona Valley Preservation League
Ballona Wetlands Task Force (Sierra Club)
Center for Biological Diversity
Council for Planning and Conservation
Defenders of Wildlife
Ecology Center of Southern California
Environment California
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Institute of Noetic Science
Los Angeles City Councilwoman Cindy Miscikowski (Westchester and
West LA)
Natural Resources Defense Council
Playa Capital Company, LLC
Sea Shepherd Conservation Society
Sierra Club California
Trust for Public Land
U.S. National Ramsar Committee
Wetlands Action Network
Opposition
None on file
Analysis Prepared by : Jeff Arthur / NAT. RES. / (916) 319-2092