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CC - Item 5A - SB216 - San Gabriel River and Mountains Conservancy 0 lx �)�_ .. .. -"FA \\ Testaff, eport TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER. DATE: APRIL 7, 1999 RE: SB 216 (SOLIS) - SAN GABRIEL RIVER AND MOUNTAINS CONSERVANCY Senator Solis has contacted members of the City Council and staff requesting the City's support of SB 216. As the Council is aware, SB 216 seeks to establish the San Gabriel Rivers and Mountains Conservancy. The bill seeks to preserve and create open space along the San Gabriel River and establishes a governing Board of Directors to oversee those activities. To date, some members of the Council have expressed concerns that (1) the bill does not provide enough protection for cities against and unwanted eminent domain action that might be considered by a State agency on behalf of the Conservancy Board and(2) that the Board of Directors, as comprised in the current bill, does not provide a majority representation for cities included within the territory of the proposed Conservancy. Should the Council choose to take action on SB 216 (Solis), staff recommends that the Council support the bill with the inclusion of language that specifies the following amendments: • The Conservancy must have a governing board composed of a majority of elected city officials. • The Conservancy must have no power to take action within a city without prior consent of that city. • The Conservancy must conform to all laws,regulations,general and specific plans of the the cities included within its boundaries. • The Conservancy shall not adopt policies or approve project that interfere with any water rights established by court order, statute or permit. CO UNCI t GENO A APR 13i29 ITEM No. '� Staff Report- SB 216 (Solis) April 7, 1999 Page 2. • The Conservancy shall not adopt policies or approve projects that have the potential to contaminate surface water, groundwater supplies or otherwise degrade the quality of water in the Main San Gabriel Basin. Attached for the Council's review is a copy of SB 216 and a recent committee analysis of the bill. The bill is now in the second reading file on the Senate Floor. RECOMMENDATION: Staff recommends that the City Council support SB 216 (Solis) with amendments and authorize the Mayor to send the appropriate correspondence. ccmwo sb216 fgt C C C 0a4 • 3 0Ncn � o � � vc - Px ° c � g z co m. O G _ 1700- G � oo •. b . » m £ m o o r : (TB' ' .c'• rn ' a ^t c. y- e rZ z G = GC. OO Tm2 � ^ o3r o aoc � � tc! dPfl 0' _ �' _<�' cryoG- - 03. G �`� stf, t` c o• < . o ❑ w o � o^ n Z 0.7 . .- 0 ° -- - F an r n n N - .2 ' p V , — > ' z p o2G ~N ? - - O OO _ O.0 • - N h - D 3.. < a S .' `z w w ... ra h re Cil .j to G O � C n � 'gin" _ G O O b .. o A O'. • ' gli 'GI ti 's Off. O.7) .. � c' Orp 0 ". CA Ca a o up 00 cV) AWN '-' CC aJ 1 s A WN -' O coo J PU AWN - 0 'C (XJ �'� 'Una ) Nom` v mnrnj3' ' 0St - ro` 0 � O. 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M FT;n 0� '; � o �. i ~ , 0 -.'y .^.. o my o O p _ w _oo O O rD. - _ _ £ u Y .-1 .6. m ^ � cc ^� < mea 0 <• p' �. ow '' .- O F' 2 o - 0` O n• o 0 s c 2 c 'o' y 0 o F -1 "c '^ CA SH 216 AUTHOR: Solis et al TITLE: San Gabriel River and Mountains Conservancy LOCATION: Senate Second Reading File SUMMARY: Establishes the San Gabriel River and Mountains Conservancy to acquire and manage specified lands along the San Gabriel River and surrounding the San Gabriel Mountains, and would prescribe the management, powers, and duties of the conservancy, as specified. STATUS: 01/21/1999 INTRODUCED. 01/27/1999 To SENATE Committee on NATURAL RESOURCES AND WILDLIFE. 02/25/1999 From SENATE Committee on NATURAL RESOURCES AND WILDLIFE with author's amendments. 02/25/1999 In SENATE. Read second time and amended. Re-referred to Committee on NATURAL RESOURCES AND WILDLIFE. 03/17/1999 From SENATE Committee on NATURAL RESOURCES AND WILDLIFE with author's amendments . 03/17/1999 In SENATE. Read second time and amended. Re-referred to Committee on NATURAL RESOURCES AND WILDLIFE. 03/23/1999 From SENATE Committee on NATURAL RESOURCES AND WILDLIFE: Do pass as amended to Committee on APPROPRIATIONS. sb 216 SENATE NATURAL RESOURCES AND WILDLIFE BILL NO: SB 216 Senator Tom Hayden, Chair AUTHOR: Solis VERSION: 3/17/99 Original : 1/21/99 Amended: FISCAL: Yes URGENCY: No CONSULTANT: K.M. Neiswender HEARING DATE: 3/23/99 SUBJECT: San Gabriel River and Mountains Conservancy ISSUE: Should the Legislature establish a San Gabriel River and Mountains Conservancy? SUMMARY: This bill would do the following: 1) Establish a San Gabriel River and Mountains Conservancy, and prescribe the management powers and duties of the Conservancy, including preservation, restoration and protection of the San Gabriel River and the San Gabriel Mountains. 2) The Conservancy Board would be composed of eleven (11) members, including: one member from the Los Angeles Board of Supervisors; two members from the San Gabriel Council of Governments; one member from the Gateway Council of Governments; one person from the city of Long Beach; a community member appointed by the Governor; a community member appointed by the Senate Rules Committee; a community member appointed by the Speaker of the Assembly; one member from the San Gabriel Valley Water Association; one member from the Central Basin Water Association; and one person appointed by the L.A. Board of Supervisors who has participated in river restoration or open space preservation. 3) There would also be five ex officio non-voting members, representing state and federal resource agencies and public works. 4) The Board would set priorities for projects and determine how funding would be allocated. The Board would have the power to purchase land, arrange real estate exchanges, administer a mitigation bank, and take other actions consistent with the Conservancy's gcal of protecting and preserving the land within its boundaries. The Conservancy would not have the power of eminent domain, but could enter into joint powers agreements and manage the land under its control. 5) THE AMENDMENTS: The amendments delete a reference to the Arroyo Seco, an area traditionally associated with the Los Angeles River. Background and Existing Law: Historically, conservancies have been created by law to aid in the management and preservation of areas of special concern, including the Santa Monica Mountains, the Tahoe Basin, and the California coast. The California Tahoe and Coastal Conservancies were also created as a way to moderate the impacts on land owners and business from strict regional regulation. While there is no regional regulatory body affecting the San Gabriel River, the author believes that this area is of special concern and in need of an agency which can respond to a wide variety of problems. The San Gabriel River flows south from the San Gabriel Mountains into the Pacific Ocean at Seal Beach, through dozens of urban neighborhoods that mirror the cultural and ethnic diversity of the State. Flood control projects on the river have cemented portions of the river bed and walls; however, soft bottom areas are important for groundwater recharge and allow for habitat for numerous species of birds. The San Gabriel River has historically received very little restoration funding, and the foothills of the San Gabriel Mountains are in need of open space preservation, and possible linkage to other publicly-held lands. PROPOSED LAW: This bill adds Division 22 . 8 to the Public Resources Code, creating a new conservancy within the Resources Agency. It establishes the conservancy' s board, jurisdiction and powers. COMMENTS; Although the intent language of this bill briefly discusses a range of possible projects relating to the San Gabriel River, it is not apparent that the restoration of the river system is necessarily contemplated. The purely local character of the governing board, except for nonvoting ex officio members, brings into question whether or not there will be a commitment to statwide concerns for habitat and pollution control. Except for one member, the board does not include advocates for or professionals in the field of river restoration. Chapter 5 of the bill may seriously hamper the new Conservancy's ability to engage n river restoration. The restrictive language is very broad and would leave the Conservancy in a very weak position vis a vis local government. The author Tay want to consider changes to the composition of the board more reflective of statewide concerns and advocacy. The author may also want to consider strengthening the intent language and establishing project criteria regarding river restoration as well as the new department's ability to work independent of purely local concerns. The bill would establish ex officio nonvoting members of the new Conservancy' s board. The author may wish to include as ex officio members the executive officers or designated staff of the Santa Monica Mountains Conservancy and Coastal Conservancy'. The experience of these two departments would be helpful to the new conservancy. Their participation with the new conservancy would also help to ensure that there would be no overlap in the development of projects, since the two existing conservancies have some limited current jurisdiction along the San Gabriel River. SUPPORT: San Gabriel River Council of Governments Sierra Club San Gabriel Valley Water Association OPPOSED: None .Apr:09-99 11 : 39A P . m City of Diamond Bar DIAMOND DAR;' 21660 E.Copley Drive,Suite 100 - Diamond Bar, CA 91765-4177 .17.41"111C-.11.' (909)B61-2489 • Fax(909)R61-3117 Ini.nit•v hup:fJwww.o.dlamundhar.ta.m • (nr p^!'°I (Bli'.) 009) dho5,161 COUNCIL AGENDA April 8, 1999 APR 1 3 1999 TOi Mayor, Councilmembers, and City Manager ITEM No. Dear Colleagues, At our City Council meeting of April 6, our Council unanimously adopted the enclosed resolution, which closely follows the Guidelines adopted by the Legislative Committee of the League of California Cities, Los Angeles County Division and the Guidelines adopted by the Legislative Committee for Contract Cities. We urge your Council to do the same, instead of getting into the position of supporting or opposing the three different River Conservancy bills. SB216 by Senator Hilda Solis, AB1355 by Assemblywoman Sally Havice, or SB 754 by Senator Tom Hayden. At the Sacramento hearing of March 23, on SB216, Senator Solis indicated she would continue to work with the Cities of Compton and Long Beach to resolve concerns. We don't believe that has been accom- plished yet. At this same hearing, a representative of the San Gabriel Water Association requested an amendment so that their representative Board member would be an elected official. We believe the issue of representation on a Conser- Wen Chang vancy Board is one of the most important issues- As representatives of munici- Mayo• pal government, we think you will agree. Specific language must be stated in a Deborah H. O'Connor bill so that there are no misunderstandings. Implied language is not acceptable. Mayor Pru Tern There are 11 cities in Orange County that are in the Watershed of the San Gabriel Eileen R. Ansa.l River. These cities have not been included in the membership of the Board in any (Dune)! Member of the bills. There remain issues to be resolved between the Gateway Cities carol Herrera Council of Governments and the San Gabriel Valley Council of Governments. Council Member We believe that it is premature to take a position of supporting any specific bill. when there are so many unresolved issues. instead, we urge you to take a Robert S. Huff position on important components that should he incorporated in a bill that the rwncll Mrmher cities could support. We believe that these River Conservancy issues are very important. It is equally important for the cities to present a strong united voice in this matter. Expressing support for important components to be included in a bill allows all the parties to continue to work together to resolve differences, and does not put cities in an adversarial position against each other, or against authors of the three bills _apr-09-99 11 : 39A P . 02 page twO We thank you for your consideration. We arc enclosing additional information to assist you. Please call if you need anything further. Sincerely, Ab' 04119, Carol Herrera Eileen Ansari Legislative Co-Chair Legislative Co-Chair cc. League of California Cities, Los Angeles County Division Contract Cities Independent Cities Apr- 12-99 OZ : 21P P . 02 RESOLUTION NO. 99- 21 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING POLICY GUIDELINES REGARDING RIVERS AND MOUNTAINS CONSERVANCY LEGISLATIVE PROPOSALS WHEREAS, the State Legislature has had several legislative proposals submitted, both last year and this year, regarding the establishment of rivers and mountains conservancies; and, WHEREAS, it is important that the powers, authority and autonomy of cities be the paramount consideration, in any legislation which creates rivers and mountains • conservancies; which conservancies overlay cities' corporate boundaries; and WHEREAS, the League of California Cities, Los Angeles County Division Legislative Committee adopted policy guidelines to guide League member cities, regarding any rivers and mountains conservancies legislative proposal. THEREFORE, be it resolved that the City Council of the City of Diamond Bar approves and adopts rivers and mountains conservancies legislative propos& policy guidelines, to wit: • Create a board, commission of similar governing body that represents local government interests and gives local governments a strong voice in all decisions. The governing board must have a majority of elected city officials, • Representation must be proportional, giving both the San Gabriel Valley and Gateway cities areas an equal voice. Cities must have the ability to deny projects proposed by the conservancy, within the city's community. • Local control and land use authority must be retained. The conservancy cannot "trump" local land use decisions or have direct powers of eminent domain. ▪ The conservancy may not engage in any offensive litigation. BE IT FURTHER RESOLVED that the City Council of the City of Diamond Bar would support legislation, which contains language that adheres to the above policy guidelines. .Apr- 12 -99 02 : 21P P . 03 • PASSED, APPROVED AND ADOPTED this 6 rh day of Arzril , 19 99 /9/ Wen Chang Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of Anr i 1 , 1999, by the following vote: AYES: COUNCIL MEMBERS' Ansari , Herrera, Huff, MPT/01Conn.or, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED:COUNCIL MEMBERS'. None /c! IyndR Burcess Lynda Burgess, City Clerk City of Diamond Bar