BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 666|
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UNFINISHED BUSINESS
Bill No: SB 666
Author: Bowen (D), et al
Amended: 9/9/03
Vote: 21
SENATE VOTES NOT RELEVANT
SUBJECT : Environment
SOURCE : Author
DIGEST : The Assembly amendments delete the prior Senate
version of the bill which was related to Emergency 911
service.
This bill now 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.
ANALYSIS : 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.
CONTINUED
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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 or the California Environmental
Quality Act 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 results in the
acquisition of a total of at least 400 acres in the
coastal zone in Los Angeles County.
1. 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.
2. 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.
3. 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
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estate.
4. 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.
5. 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.
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
percent of the historical wetland areas of Los Angeles
County have been filled 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
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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.
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. 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 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".)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Unknown.
SUPPORT : (Verified 9/10/03)
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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
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
CP:nl 9/11/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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