CITY OF LOS ANGELES (NTER-DEPARTMENTAL CORRESPONDENCE OPERATIONS AND MAINTENANCE RESPONSIBILITIES FOR THE LOS ANGELES RIVER

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1 FORM GEN. 160 (Rev. 6-60) CTY OF LOS ANGELES (NTER-DEPARTMENTAL CORRESPONDENCE November 26, 2018 DATE: TO: Honorable Members of he Councl FROM: Sharon M. Chef Legslave Analys Rchard H. Llewellyn Jr. Admnsrave Offcer SUBJECT: Councl Fle No.: ; CAO WA No.: OPERATONS AND MANTENANCE RESPONSBLTES FOR THE LOS ANGELES RVER SUMMARY On Ocober 25, 2016, Councl approved a repor from he Ars, Eneranmen, Parks and Rver Commee (AEPR) ha provded nsrucons o varous deparmens o repor on varous aspecs of he Los Angeles Rver Revalzaon Maser Plan (LARRMP). Among oher nsrucons, he Councl specfcally dreced he CLA and he CAO o repor on he followng: The curren srucure relang o all responsbles and jursdcons relave o he managemen and manenance of he Los Angeles Rver (LA Rver) and rbuares; and The creaon of a sraegc managemen plan wh he goal of recommendng a clear managemen srucure n order o carry ou he funcons of he,, and Federal governmens. Through he AEPR Commee, and under he drec oversgh of he Char, deparmens have provded repors n 2017 and 2018 on major projecs, programs, parnershps and nvesmens mplemened o address he LARRMP. The has consdered hese repors and aken successve acons o consder and advance he LARRMP, ncludng adopon of waer qualy esng and nofcaon proocols for he LA Rver n February Tables 1 and 2 of hs repor nclude nformaon on he curren confguraon of servces and responsbles performed by he respecve jursdcons and descrbe he curren servces provded by deparmens. Responsbly for operang and mananng he rver falls among several dfferen agences, ncludng he,, sae and federal governmens, among ohers, ha a mes, has generaed uncerany over whch eny s responsble for specfc acves. Wh approval of he Los Angeles Rver Ecosysem Resoraon Feasbly Sudy Alernave 20, acquson of Taylor Yard G2, mplemenaon of varous pedesran brdge crossngs, and acvaon of oher projecs along he LA Rver, s ncreasngly apparen ha he responsbly for operaons and 1

2 manenance among our varous enes for he dfferen pars of he LA Rver need o be arculaed and defned, To commence hs endeavor, our Offces recommend ha deparmens provde repors whn 180 days on all curren agreemens, esmaed Fscal Year programmng and coss assocaed wh her respecve responsbles along he LA Rver. Fnally, our Offces conduced a prelmnary revew of exsng and poenal managemen srucures and recommend ha furher auhory be provded o work owards denfyng he approprae eny o manage oversgh of manenance and operaon of he LA Rver. RECOMMENDATONS Tha he Councl, subjec o approval by he Mayor: 1. nsruc deparmens, wh he asssance of he Chef Legslave Analys (CLA) and Admnsrave Offcer (CAO), o repor o Councl whn 180 days on programmng and coss assocaed wh operaon and manenance responsbles of he Los Angeles Rver (LA Rver) Channel, Rver Banks, Brdges and LA Rver as follows: a. Deparmen of Recreaon and Parks (RAP) - Manenance of exsng park space and feasbly of expandng RAP s presence regardng recreaon, park acves, and landscapng along he LA Rver; b. Deparmen of Transporaon (LADOT) - Pedesran and bke pahs and assocaed landscapng, as well as ancpaed fuure coss of mananng he pedesran and bke pah followng s planned expanson; c. All deparmensoffcesagences - Agreemens wh he, Mounans Recreaon Conservancy Agency (MRCA), or any oher governmenal eny relang o he operaons and manenance of he LA Rver andor brdges crossng he LA Rver; d. Bureau of Sanaon (LASAN) - Trash and bulky ems pckup, ncludng he number of requesed rash pck-ups per year and onnage; e. Los Angeles Polce Deparmen (LAPD) and LASAN - Engagemen of Homeless Oureach Parnershp Endeavor (HOPE) eams; and, f. Bureau of Sree Servces (BSS) - Esmaed annual coss of mananng brdges crossng he LA Rver, ncludng vehcular and non-vehcular brdges, and he fundng and personnel requred for BSS o manan hardscape areas along he rver banks, ncludng he pedesran and bke pahs. 2. nsruc he CLA and he CAO o coordnae wh he approprae auhores o denfy he curren operaons and manenance responsbles for each governmenal eny, wh a focus on acve and denfed projecs, along he LA Rver and explore opons wh he for clear managemen and operaon of he LA Rver hrough a Maser Use Agreemen, Jon Powers Auhory or oher cooperave agreemen; and 3. nsruc he CLA and he CAO o repor on he feasbly of desgnang a deparmen o be asked wh responsbly for meeng operaons and manenance oblgaons along he LA Rver, ncludng fundng requremens, and f a deparmen canno be denfed, he feasbly of creang a new deparmen for he LA Rver. 2

3 BACKGROUND On Ocober 25, 2016, he Councl nsruced varous deparmens o repor on her respecve programs, parnershps and nvesmens relaed o he LARRMP. Councl furher dreced he CLA and he CAO o repor on he curren srucure relang o al responsbles and jursdcons relave o he managemen and manenance of he LA Rver and rbuares and on he creaon of a sraegc managemen plan wh a clear managemen srucure capable of carryng-ou he funcons of he,, sae and federal governmens. Jursdcons Jursdconal ssues along he Los Angeles Rver have hsorcally been challengng. Governmenal enes holdng propery rghs, eher hrough fee neres, perpeual easemen, lease, or anoher nsrumen, nclude he,, federal governmen, Sae of Calforna, Mounans Recreaon and Conservancy Agency (MRCA), Souhern Calforna Regonal Ral Auhory (Merolnk), he Los Angeles Meropolan Transporaon Auhory (Mero), he Los Angeles Unfed School Dsrc (LAUSD), and en oher ces. Furher, waer rghs ssues are governed by he Calforna Sae Waer Resources Conrol Board. Separae from he jursdconal ssue, mulple deparmens have ndcaed a wllngness o ake a more acve role n he manenance of he LA Rver. Such a commmen would requre addonal fundng for personnel, equpmen, andor conracual servces. Responsbly for mananng he LA Rver s shared by several dfferen agences, ncludng he,, sae and federal governmens, among ohers, ha a mes, has generaed uncerany over whch eny s responsble for specfc acves. Exsng Managemen and Manenance Srucure The managemen and manenance responsbles of varous pares are dvded no hree caegores descrbed whn hs repor: 1) whn he rver channel 2) along he rver banks, and 3) brdges crossng he rver. Whn he rver channel, he US Army Corps of Engneers (USACE) and he Los Angeles Flood Conrol Dsrc (LACFCD), a componen of he Los Angeles Deparmen of Publc Works (LACDPW), have responsbly. The areas along he rver bank are he responsbly of LACDPW,, and he MRCA. Regardng brdges, BOE ypcally has nspecon responsbly, whle BSS generally has responsbly for manenance of vehcular brdges. For manenance of non-vehcular brdges, has no been esablshed whch deparmen has responsbly. Whn he Rver Channel USACE and LACFCD share responsbly for mananng he Rver s capacy o convey sormwaer and reduce flood rsk o he surroundng communes. Ths ncludes responsbly for general manenance n he channel. Currenly, he areas of responsbly are spl accordng o when he channel was lned wh concree. USACE has responsbly from Whe Oak Avenue o Sepulveda Boulevard and from Lankershm Boulevard o Washngon Boulevard. LACFCD has responsbly n he remander of he rver channel (see Aachmen A). Where he Rver has an adjacen manenance road, he relevan eny also has manenance responsbly for ha road. Projecs ha mpac he channel mus receve a perm from USACE n addon o any oher requred perms. The followng able (Table 1) deals he dvson of manenance responsbles whn he rver channel: 3

4 Table 1: Curren Operaons and Manenance Whn he Rver Channel Area of Rver Manenance Need Jursdcon Governmen Eny Trash Removal Federal USACE LACFCD Graff Abaemen Federal USACE LACFCD Whn he Rver Federal USACE General Manenance Channel LACFCD Waershed Proecon LASAN Monorng of Waer Qualy LASAN Flood conrol and perm sgn offs n he channel Federal USACE LASAN currenly monors he rver qualy n he Los Angeles Rver and, hrough s parcpaon n he Los Angeles Rver Waershed Monorng Program (LAWRMP), he Los Angeles Rver Waershed. The Ces of Los Angeles and Burbank launched he LAWRMP, n parnershp wh he Councl for Waershed Healh and Aquac Boassay and Consulng Laboraores, n The LAWRMP monors baceral levels a several locaons popular for swmmng and wadng durng he summer monhs. Waer samples are esed fve mes each monh and posed on he program webse a LASAN also samples and ess waer wce a week a hree locaons n each of he Recreaon Zones, locaed n he Sepulveda Basn and he Elysan Valley, whch s operaed by he MRCA. Followng an assessmen of he waer qualy, LASAN hen deermnes wheher he saus of each Recreaon Zone s open, cauon, or closed. LASAN receves perms from he Regon 4 Waer Qualy Conrol Board and has carred ou hs esng snce Rver Bank Along he rver bank, he jursdconal suaon becomes more complex. Ths s due, n par, o he jursdconal lnes becomng less clear. The,, MRCA, and Mero may all have responsbles n close proxmy o one anoher whou clear demarcaons, or hey may reach agreemens o operae and manan secons of he rver. n addon, he, hrough LADOT, BOE, and F?AP, has enered no agreemens wh he o consruc andor manan varous projecs along he rver. The provdes emergency response and vared manenance and general oblgaon responses,.e. rash pck-up, ec. Ths resuls n a suaon where he may have responsbles ousde of lands or publc rgh-of-way. There s currenly no cenral reposory of hese agreemens. The followng able (Table 2) deals he dvson of manenance responsbles along he banks of he LA Rver: Table 2: Curren Operaons and Manenance Along The Rver Bank Area of Rver Manenance Need Jursdcon Governmen Eny Enforcemen of park MRCA (n he dedcaed Recreaonal hours, rules Zone) Los Angeles Sherff's General Emergency Deparmen and Los Angeles Rver Bank Response Fre Deparmen LAPD and LAFD Graff Abaemen LACDPW Varable 4

5 Table 2: Curren Operaons and Manenance Along The Rver Bank Area of Rver Manenance Need Jursdcon Governmen Eny Landscapng and rrgaon Trash Pck-Up Pedesran and Bke Pah Manenance Pedesran and Bke Pah Lghng Pedesran and Bke Pah Sgnage LACDPW NA: landscapng and rrgaon (f no n publc rgh-of-way) BSS: landscapng and rrgaon (f n publc rgh-of-way) LACDPW LASAN LADOT BSL LADOT The has auhorzed he MRCA, wh concurren approval of USACE and LACFCD, o operae he Recreaon Zone along wo secons of he LA Rver snce n hese areas, he publc may walk, fsh, and use non-moorzed seerable boas such as kayaks beween Memoral Day and lae Sepember. MRCA provdes rangers o enforce rules relang o usage of he LA Rver n he Recreaon Zone and generally manages he Recreaon Zone. Emergency response remans prmarly he responsbly of he Los Angeles Polce Deparmen (LAPD) and Los Angeles Fre Deparmen (LAFD). LAFD has also deployed swf waer rescue eams when ndvduals become sranded n he LA Rver, especally durng sorms. When an ncden occurs on propery, he Los Angeles Sherrff s Deparmen s also nofed. General manenance oblgaons, such as rash pck-up, ncludng bulky ems, and graff abaemen, are spl beween he and he dependng on locaon. LASAN has responsbly for general rash pck-up on lands and s also able o asss wh bulky em pckup where approprae. LASAN has also parcpaed n larger clean-ups of he LA Rver, such as Tujunga Wash. These clean-ups, as wh oher areas where he does no have jursdcon, may requre a perm from he Regon 4 Waer Qualy Conrol Board. The responsbly for graff abaemen vares accordng o whch eny has general manenance responsbles. n areas where general manenance responsbly s unclear (.e. open space n lands where no projecs have been compleed), responsbly for graff abaemen s also unclear. The shared pedesran and bke pah s mananed, pursuan o an agreemen beween he and, by LADOT. LADOT only manans he hardscape and he ralng of he pah, hose elemens essenal o he pah s vably as a ransporaon corrdor. The scope of hese responsbles nclude sweepng he pah, clearng rash from he pah, and removng graff. Landscapng s also cleared f hreaens o creae a blockage on he pah. As LADOT does no employ personnel for general manenance purposes, LADOT conracs ou for manenance servces for he pahs manans and ensures ha he pah s adequaely srped. Brdges BOE has responsbly for nspecng brdges hroughou he, mos of whch are made of concree. Under he s Brdge mprovemen Program, brdges are generally nspeced every 5

6 wo years. Followng he nspecon, BOE provdes BSS a repor oulnng repar needs and BSS complees he requred repars. BSS s lmed o compleng basc repars, such as pohole fllng or guardral replacemen. Major manenance, such as srucural repars, s ofen conraced ou by BOE. BOE has ndcaed ha here are 61 exsng, planned, or under consrucon brdges ha cross he LA Rver and are nspeced by BOE. Of hese, 12 brdges or 20% of he oal crossngs, have drec access o he rver self eher hrough he shared pedesran and bke pah or he rver bank drecly. The followng able (Table 3) deals he ypes of brdges whch cross he rver. Wh he excepon of he brdges under consrucon (Table 4 below), hese generally follow he exsng nspecon and manenance paern of oher brdges n he. Table 3: LA RVER BRDGES Brdge Type Coun Percenage Vehcular 49 80% Pedesran 57 93% Bke % Equesran 1 2% Norh Awaer Mulmodal Brdge Taylor Yard Bkeway and Pedesran Brdge Red Car Pedesran Brdge Table 4: Brdges Under Consrucon Connecs Awaer Vllage and Grffh Park. Brdge requres nspecons and heavy manenance every fve years o une he cables. BOE esmaes approxmaely $80,000 o complee. Lgh manenance, such as sweepng he brdge o clear debrs and mananng lghng, s an on-gong requremen and esmaed a $75,000 annually. BOE s preparng an ordnance ha would brng hs brdge whn he boundares of Grffh Park. Connecs he Taylor Yard G2 parcel wh he eas bank of he rver. BOE esmaes ha he annual cos of lgh manenance o be approxmaely $25,000 o $50,000 per year for hs brdge. No deparmen has been assgned manenance responsbles for hs brdge. Par of he Glendale Boulevard - Hyperon Avenue Complex of Brdges. BOE esmaes annual manenance coss o be approxmaely $25,000 o $50,000. No deparmen has been assgned manenance responsbles for hs brdge. As each of he Table 4 brdges are comprsed of seel, he manenance for hem dffers from he remander of he s brdges. BOE has no ye deermned wheher hese brdges mus be nspeced every wo years, as wh oher brdges n he, or on a dfferen cycle. BOE has also ndcaed ha does no currenly conduc nspecons of seel brdges and would lkely need o conrac ou for nspecon servces BSS has ndcaed ha he Table 4 brdges currenly under consrucon are no whn he publc rgh-of-way. Due o hs, BSS does no have responsbly for mananng he brdges. Whle BSS has he equpmen for lgh manenance and mnor repars on he brdges, lacks he personnel. Addonal fundng would be requred for BSS o hre personnel or conrac ou for servces relang o hs responsbly. Ths repor recommends all deparmens repor back on programmng coss. 1 Bke access was defned as havng a specfc bke facly, such as a srped bke lane. Addonal brdges may be raffcked wh bkes. 6

7 Sraegc Managemen Plan As dreced by Councl, our Offces have compleed a prelmnary revew of exsng and poenal managemen srucures. Councl may elec o pursue a cooperave agreemen, such as he creaon of a Maser Use Agreemen (MUA) or smlar vehcle ha would defne he roles and oulne he responsbles of he member pares or he creaon of a Jon Powers Auhory (JPA), a legally separae eny ha would be able o engage n a broader array of acons. Maser Use Agreemen (MUA) - A MUA could clarfy he operaons and manenance responsbles of he varous pares, a mnmum he and he, relang o he rver. could also allow for desgnaon of an mplemenng agency o conduc he operaons and manenance acves and for provsons relang o cos sharng. may also se ou performance requremens for he member agences o mee. n shor, a MUA clarfes he scope of manenance responsbles and whch eny s responsble for conducng ha manenance. s, n comparson o a JPA, easer o esablsh and has lower nal coss, bu narrower n scope. Jon Powers AuhoryAgreemen (JPA) - n conras o an MUA or smlar cooperave agreemen, a JPA would be a legally separae eny from he and he. Tha s, would be capable of enerng no conracs, recevng grans from he Sae of Calforna and he federal governmen, ssung deb, and engagng n lgaon as requred. could also exercse some of he powers of he and. The lmaons on he JPA s powers and auhores would be esablshed n a formaon agreemen. and agences may be engaged o provde parcular servces, bu he JPA would serve as he coordnang governmenal body for effors along he LA Rver. Ths soluon, whle clarfyng he operaons and manenance suaon along he LA Rver, also ancpaes a srucure ha would be adapable o fuure challenges. The LARRMP conemplaed a JPA beween he and he whch would mplemen he LARRMP and he Maser Plan. USACE would parcpae hrough a MOU. The JPA, ermed he Los Angeles Rver Auhory, would be he prmary eny o seek Sae and Federal Funds for major capal reconsrucon of he LA Rver channel and o creae, desgn, and manage consrucon of mprovemens along he rver. As se forh n he LARRMP, he JPA would have he followng powers and responsbles: Area Rver Reconsrucon Rgh-of-Way Managemen and Manenance Publc Lably Permng LA Rvers Jon Powers and Responsbles Phased projec desgn, fundng, and mplemenaon - Channel and brdge modfcaon - Tral consrucon - Waer qualy mprovemens and monorng Managemen of he rgh-of-way and channel* - Tras and rver access pons - Concree and vegeaon manenance - Low flow channel manenance - Monorng and polcng of he rgh-of-way *Some of hese funcons may be delegaed or assgned o deparmens, agences, or nongovernmenal groups as approprae Accepance of he publc lably of he rver channel, wh he parcpaon of and legal and rsk managemen auhores ssuance of perms for all consrucon and specal evens acves whn he rgh-of-way 7

8 Sauory Requremens - Basc JPA Formaon and Fundng The Calforna Jon Exercse of Powers Ac esablshes sauory requremens for nformaon o be ncluded n any agreemen beween enes esablshng a jon powers agreemen. Ths ncludes he followng: he JPA s purpose, fnancal accounably measures, desgnaon of a reasurer, admnsraon, manner of exercsng power, dsrbuon of asses, and conrac parcpaon goals. Member agences mus also deermne he governance srucure (.e. board composon) of he JPA, he breadh of he JPA s auhory, he lably of member agences, erms for whdrawal of a member agency, and he process for amendng he JPA. Under Sae law, JPAs are permed o ssue revenue bonds whou he approval of a majory of he voers. Among many oher addonal requremens, Sae law furher esablshes ha revenue bonds ssued by a JPA, as well as any relaed conracs and oblgaons enered no o carry ou he purposes for whch he bonds were ssued, does no consue a deb, lably, or oblgaon of any of he member agences. Ths sauory proecon does no auomacally exend o oher lables and oblgaons of he JPA, bu he agreemen esablshng he JPA may specfy ha such lables and oblgaons do no belong o he member agences. Gven ha he LA Rver does no currenly generae enough revenue o cover he coss for operaons and manenance, he and would have o denfy andor esablsh a suable revenue source pror o he ssuance of any deb.3 Our Offces recommend furher exploraon of hese agreemens. FSCAL MPACT Approval of he recommendaons n hs repor wll no have an mmedae fscal mpac o he General Fund. s ancpaed ha here wll be a fscal mpac for operaons and manenance of new srucures and brdges along he LA Rver once hose projecs are compleed. The full mpac s unknown a hs me. Aachmen A - LA Rver Major Manenance Responsbles CAO Docld No.: SMTRH L: MFJ VW:pblm 3 Councl has consdered he creaon of an Enhanced nfrasrucure Fnancng Dsrc (EFD), whch may be consdered as a poenal revenue source for he JPA. See Councl Fle Nos , S2, S3, and S4. 8

9 ' X r Aachmen A - LA Rver Major Manenance Responsbles * * r V J - J ' A a < VSROUO MOUNTNS 1 o ' - Jb. V l f-. Vv. V ; A. ; s 4.1 p1ml UlfHfflll ' - T'_x, V * ' K s ' v _ r. c^.. P*' S : v > Jj, m * Major Manenance Responsbles, along Or Los Angeles Rver whn he of Los Angeles Los Angeles Deparmen of Publc Works Manenance US Army Corps of Engneers Manenance SARTA MONCA l,ffc»u»a!sss AfrfRLV hls TJ X P >. v a N S ± *- r x afcv*.- o Jf* 0 v - Ov - X B, O, v ' V O o * 0 N S e o O O, > j A V ' B?, f -Jr, PACFC ce AN?**r* K CWVK CTY UTJ... ; ) M 1 r A u 1 n* l N Or 9