CC - 2002-02 - Approving San Gabriel and Los Angeles Rivers Watershed and open Space PlanF]
RESOLUTION NO. 2002-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING THE SAN GABRIEL AND LOS
ANGELES RIVERS WATERSHED AND OPEN SPACE PLAN
WHEREAS, the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy Act (the "Act"), Public Resources Code, Division 22.8, commencing at §32600
(Stats. 1998, Ch.788 (AB 1355) and Ch. 789 (SB 216)), created the San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy (the "RMC") for the purpose of acquiring and
managing public lands within the Lower Los Angeles River and San Gabriel River watersheds,
and to provide open-space, low impact recreational and educational uses, water conservation,
watershed improvement, wildlife and habitat restoration and protection, and water quality within
the territory;
WHEREAS, the territory of the RMC extends across the city boundaries of over
sixty cities, as set forth in section 32603 (c)(2)(A), as well as the unincorporated areas of Los
Angeles County and Orange County adjacent to the San Gabriel River and its tributaries, the
Lower Los Angeles River and its tributaries, the San Gabriel Mountains, the Foothill Mountains,
the Puente Hills, and the San Jose Hills area including but not limited to, East Los Angeles;
WHEREAS, the RMC was created, in part, in response to the interest of the
Gateway Cities Council of Governments (COG),-and the San Gabriel Valley COG, and other
local public entities, in creating a multi-jurisdictional agency that would be authorized to acquire
land, and conduct watershed management, flood control, and recreational projects within the
Lower Los Angeles River and San Gabriel River watersheds;
WHEREAS, the RMC board is composed of voting members who represent the
County of Los Angeles, the Gateway Cities COG and the San Gabriel Valley COG, the Orange
County Division of the League of California Cities, the San Gabriel Valley Water Association,
and the Central Basin Water Association, as well as state agencies including the Resources
Agency, the Environmental Protection Agency and Department of Finance;
WHEREAS, it was the intent of the State Legislature in creating the RMC, that
the RMC and member cities would be equal partners in the planning, development and
management of mountain and watershed areas within the RMC's territory, and to that end, the
Legislature provides in the Act that member cities shall retain control over their own land use
regulations, ordinances, general and regional plans;
WHEREAS, under the Act, the RMC shall be subject to all laws, regulations,
and general and specific plans of the legislative body of any city in which the RMC proposes to
take action;
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WHEREAS, nothing in the Act shall be interpreted to grant the RMC any
regulatory or governing authority over any ordinance or regulatory measure adopted by a city,
county or special district that pertains to land use, water rights, or environmental quality;
WHEREAS, section 32604 (d) of the Public Resources Code directs the RMC to
prepare a San Gabriel and Lower Los Angeles Parkway and Open Space Plan (the "OSP") to be
approved by a majority of the cities representing a majority of the population, the Board of
Supervisors of Los Angeles County, and by the Central Basin Water Association and San Gabriel
Valley Watermaster;
WHEREAS, the RMC, in consultation with representatives of the
Gateway Cities-COG, San Gabriel Valley COG, the County of Los Angles, the Orange
County Division of the League of California Cities, the San Gabriel Water Association
and the Central Basin Water Association, has prepared a draft OSP;
WHEREAS, on October 17, 2001, the RMC Board, at the conclusion of its
public meeting and review of all the documentary and oral evidence related to the OSP,
adopted the OSP also known as "Common Ground From the Mountains to the Sea: San
Gabriel and Los Angeles Rivers Watershed and Open Space Plan" and made the
following findings: (1) that the OSP complies with all applicable requirements of law;
(2) that the OSP is consistent with the purposes of the RMC as set forth in section 32602
of the Public Resources Code; (3) that the OSP contains all the required elements set
forth in section 32604 (d) (1-4); (4) that the OSP is not a "project" within the meaning of
the California Environmental Quality Act ("CEQA") (e.g., CEQA Guidelines,
§15378(b)(2)); (5) that, alternatively, the OSP, as an activity involving only feasibility or
planning studies for further actions, is exempt from the environmental impact report
requirements of CEQA review; and (6) that the OSP is a long range planning guide or
interim policy document and does not commit the RMC to follow a definite course of
action with respect to any particular aspect of the OSP, nor is it intended to have a
legally binding effect on later activities;
WHEREAS, following adoption of the OSP by the RMC Board, the OSP was
referred to the member cities for their review and approval pursuant to section 32604 (d) of the
Public Resources Code; and,
WHEREAS, the City has provided for public comment and City staff has
reviewed the OSP, public comments as well as documentary evidence relating to the
OSP;
NOW, THEREFORE, be it resolved, that the City of Rosemead hereby:
1. FINDS that the OSP complies with the requirements of section 32604(d) of the
Public Resources Code and includes all the mandatory elements set forth in
section 32604(d)(1-4) of the Public Resources Code;
2. FINDS that the OSP is not a "project" within the meaning of the California
Environmental Quality Act (e.g., CEQA Guidelines §15378(b)(2));
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3. FINDS that approval of the OSP by the City will not require the City to modify,
amend, or revise in any way its specific or general plan, ordinances or regulation,
or affect in any way the City's regulatory or governing authority over land use or
water rights and management issues within its jurisdiction;
4. FINDS that approval by the City of the OSP does not constitute agreement with
the policies, principles and statements set forth in the OSP;
5. FINDS that approval by the City of the OSP does not constitute a waiver of the
City's regulatory or governing authority over land use, water rights or
environmental issues within its jurisdiction or territory;
6. FINDS that approval by the City of the OSP does not constitute adoption or
incorporation of the OSP as part of the general plan, specific plan or any
ordinance, law or regulation of this City;
7. FINDS that the OSP is an interim policy document or long range planning guide,
that it does not commit the RMC- or the City to follow a definite course of action
with respect to any aspect of the OSP, and that it is not intended to have a legally
binding effect on later activities of the RMC or the City;
8. FINDS that the OSP is, in principle, consistent with the general and specific plan
and with ordinances, laws and regulations that pertain to land use, water rights
or environmental quality of this City;
9. APPROVES the OSP in accordance with section 32604 (d) of the Public Resources
Code.
I HEREBY CERTIFY that the foregoing resolution was adopted at a
regular meeting of the City Council of the City of Rosemead, held on the 8th day of
January, 2002. by the following vote to wit:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None; Absent: None; Abstain: None
DATED: January 09, 2002
ATTEST:
City Clerk