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. S = = � H �-ee _. . - 0
_
N7 = '0 Ga a 0 :, 0 N R
-" <. _ -'.�.a-- CD 0 00 , n 0a3 � 0c_'-' arca - z o
- a 0 o F ca c <' _ o . SnS _34 Z 1
N Dj q ✓ R' �' O n'
znGG n - . N?b n'
Nfcc ci' ni. n r500• '�0 ° - c -, on >_ > a ? m 9 cchZ o -• o zn bj
b
= 003 ^ '99, coon < c• 7—tr, 0 ' 4 = ^ n c .
Pt do- ° < c _ of0 .a, CJ " a � o = - -0 o
r4 r
o " n D N
° = � ao= 030 -, Cn tic0o - X00 0 (� < ° y
o _. � y00. n � an' � a > > > � c-c-' ° sa 0 z -C C7 " 0 , ten
a
.n o e - �.n = o 0. 0oo .cwa -, t 0 -� o s ^ n o• fGi
G
' ' 9 °
❑• :� oo � GGGOpoim ❑ npa � =. teo
VD
: . a a . rS
A W w W W W W W W (A W N N N N Ni Ni NJ Ni Ni +
N F .c M1+ -' - A -' '-' "' '_'
O 020J ON In a w Ni -' 0 = x �] .T ...nA w Ni -` O � OO J .'� cn a W N � O �: z �l0 v., 41. W N '-'
C' U.> - < ^ 'J 'n v 'J OLa .Cn `- O N- G _� _� O Q CT V a N
0'j. a' O ' ' 0 '^J i a 1 c = , .c. .-. , v _G 'J p 2v Jv =`^ 60
r3 � ac a� � ° Son 0 - o- Y, O i0 ego =• - '_'. ° n• 0i70
c• o• < 7,7- _ _ _ to
zn
-- 0 0; - _ = 0. o w 3a = _= " -r t. a. ,- C) -6 > -, -. ti w
xo a 0 2 2 < o i o sac 3 C 0 e cn. ° n „ - .. f--o a
0 J = o 0 E. 0 a C� r-' 3 S- __ - _ _ O. n _ �-. o O on=-
< < 0
"n - - _ Z - r C C Z `G 7 " 0 _ a o a m rn
'a' a r F_,_. 0 _ J _, n _ 0 , 3 0 _ _. 0 __ N a, 9 o' Z
d _ n0Go _ Z r <' s D ° n 23' a.
a ^ - _ i-a p Z ' C- I'; T`f ° r - • 0 0 n n ._ .rt s
__'� .^• - o o -' ;n � " Q' v; dr;
' � r-' 0
3 =▪ _ n • o_ < c -1 .., a n c <- , m
° a x i c ? o 71 7_ 7 3 ' p n 7 c n ° 1 a w
- -
1i pn G) W NJ l.) ) "') W W W IJ N NJ IJ I J IJ NJ IJ N IJV/
J ,O CG --I .PC Ji A W N - O V x. J ON U A Na W O L: Do. J .1 U A '+) N - O ,C. D". J 1 UP 4) N - ,=.
CD
�j ❑d ' i0O 7 n = 9 = n � ,, 3,6 ^ J
. < < a a ^art `%- ? r -- 0 - i -1a - n O 0 -
c _ . _ ,
- °O � O. O0,. in O ✓ = O � 0 - '<,< O , 2c - , o -, _4^ v
O 300 � n r = . _ rt0 c � q n_ 3 = = n can0nj � 0 , 0on r0
^ ' cn3 �
� = m ^ Sv p -
- - 2t 'to '0rt -J = F "J ' � - C9 o ca
, m =
rr - 3- ' o- n ^' - . 0 x'< 0 9 (- m - 3 = - 8
_ ` o =
no nn - a on - _-
= o n t - : OC ^ -- - - 0o -
a - t
• -3 -oma o = - -r; - Dag : o9 9 00
V
n = • e
n▪ a 5 0 - O -. a °� G J r n o m 0 ^ `< 0
> = " c 3 a o ?= _ 3 rtea ono ,:non ca on
IP
oc 0 - - :n 6-„, .., r < c ^• 0 - - • n :n= nn a O .. 0 n vn = 0 J o = n • ^ 0 n `G n n . _ m=
- o „ _ 7 n 0 0 G C O v0r `� nJ• n _ :In (n Pr 0 Hj afl 9 l J
"
6 0
• oo c0 53 = o � - n
_ _ . -
fli
• n = _' _ = - - -_ . J
0 - NI ''= "1 < _ = os vo
- n - < 0 fn O •< _ _ 0t .6< o cr
c3 n , � n nc -. = s -
ar 0 ' -i o v 00 c om = o n , n o -
A O •p W W ,p W W U) W W NJ NJ NJ NJ NJ N NJ NJ IJ NJ
O .0 DO J ON N A W N - O CO J O. J, A W N '-` O . IX) J 1 V, A W IJ - C C. 'J] ..1 'T VNA W N -
-+ -9 n O L-
=' rt00 F-o2 -3ra - `-. c `r7,-. 0 nnr. n,. oy ° � no33 _ 0Q
O a ? n 3 =. j J ?-,1 on c = = .. rJt v An 3 ,p -- 3. N� G0 0n -0r. OaG 7O
a s 3. czr_i `:. n 0 '`" 0 ? _ r. o_ � J ^ = H o _-7 � ca. � a o � „ 7 � _3� :, -n, a to ,
• <• =, 00 Nn n - 3noz'< -_ _ oo c • Ort ' =. rt yn = o0 0 £- a O
j 9 2 _ r J _, o - r ? - n q _ - r C o ,r r, n = a o _, c 0
n
o n ^ :n - _ .. _ n - r r - 0 - . - -
> n - -- - - - _ ^.33 = r - - 0
• a �• rO r _ - F < < rr• r▪ n =
p W •ta W W W W W W W La N N N N IJ N N N IJ N ' - ID
O rVTJTVIA '+, IJ -- CJ^+ DOJO, V) tW N 'J J � J 'T Vi A [.n N .- OJ' J� �] C-`. ViFWN
O =
n ^ 9 - - 0 O — nc -- W " p ''- n ...oWn L. o _ C .^-. =n z o
C 9 N r7 to G-7 N J F O IJ _ -0=^ - O n 7 1= n -co ; ^ 7 O V n J 0 _
y, - .
�-7 r,' < - 7 - -. - n n c O ^ t C4 n < "-C.) � (4")' � - c - - n a. _-7 .
A la W w w w W w w w w tJ N N NJ Ni PJ IJ N N N '✓]
O •0 W --lay. Aw V.) ,-. 0 ,V 0o -.laU. A W N OL: W J '� '✓, A W N -� OJ: OaJ1lnA W N -� �.
E ,- = CJ ' ?+ oG n - tnaC _= nO 'Q -J ' n2 = 0 ca • ta_
_ Tn ' a ' _ ZnDor 'om C . i ( y ��, ^ oS7 ..- n0•0T � p,CSnnon. < n .`: -
H J .. -J D (D `G -I N n _ 0 .7.1. -ni O 0 - rr G `G ''b (J CD y
(s S O f n > n 0^ - -. o a -' = -' n > > c a -oi O is O O 'O =. '7) 0 '. O^ 'J a
. _4 = n = N " _ 0 _. O nc n p ^ d -. GS C 'n vantro • a o - n „= J ^ nQtn - tr ^.i � 0 -• Sn0k ^
V . 0 ''_ - . rt
0 'o-' _s, n = o vo
, o .. m ” -3 ^� n = 0. ❑ � .-, Logo '0' 3 m 3y. > °o � � 0 g 21>
., .
`< nNC' �. "co �''� N - tarn 'J nom - On > = ..< _ => G 2a n0n " •n< a
`< a ^ o V, o U_ n .t ^ -1`G o to n = a O n - -•a.-
- a
N
o - an' a - ana no < r. om. 03 = a .. 3� ° �0', m a
= o m 'D.-J 2• n na a a ❑ G n O n' = ry -Ji' O 5 n2g a a _ , n 0`1-
c..
n " a • O = to3 � - On no- .< G ? � o -J .nja - "
.< ^ . O (: a ^. 2 0 n ^ 3 n 0 J --• ., n = o y '"a n -o
0 Fr a � • ne o nvc a 3•u°.' _ ._ � " 0 --, 0 " 0 -a J n.� a p o
- ma c " o ^� -, n n = _.m = = ❑. _7, 0 °•• (fl
w 'ww w W www w 'w NJ NJ NJ r...) NNN Ni N N
' no -.l cm. to A wN — OU 00 V O lnA ( N -' O V' 7 11 In A w N -' O IJ 00 - Qt4 AwN ,
-- - 'n n o v,, s' ! 3 - oona' oono ? - i oc
' �. a �� n3 -,- w0 y C 0 -t -3 W G Ci, N � -1 < 0 J J '-JG - -71 n`
.. n ' ti
o O S
• c Gc a oO n J 0 z = - a _ . . roC- -
C (_J -n.. ,- .` _ _ IJ O n n - c. n_ - Fr = J J a n J O 1< 117 'D N =
2, - 2 ° , 25-x - - ^ n I
5 fi0 ^ 0- , Z 5ot .r.' �, j F.? -o1 tni _ 5 ^ N n •n< n x to n ~ N 3.7. a lot
.n, o - s _ _ = ol '' n = - .-� -3on ' 3 -J "co
do
n H ^ _ -- _ -J n two G _a tin to yn O O .<. O
n J Vo o 2 0 0 0 n n C n rt co o ^. to
0
a c., o a -'-3 -. -. rn - ' a = a -• n = - -. = --�_ _ -. n = to
o _ n _ _ o- _ _ = n - - n
' 0 0, " 0 a •C 0 r' = 3 = = n ct Lc n ax _ a 0 is = a a =x a
N N NN r -. _ r-. - .. & .-.
W N -` OYJ00JSNA W N ^ .7 `a 'J0J O, Via W Ni-.
d
'7 =, = `- w 0 9 w w E w
c 0cO �
N
O -n < G J ;, c, 0o� cry -n � £ _60 - 01 . :aQ0N = mC "0 ( am( T .i
•
° - 2
"apm cnm - oiomlo , 09c y
cn
- mo w C ° G `�
co ' nG m G N
▪ o 0-.ti eta.. � w09sf - 0w w0 ,E. P' " n. .
0, c O . coN c O - ^
— i w - 2OO ti . O ❑ nOo �.• O oN "% Y y Q Y OY _ . '.
N0 .O Oc ] n O0 n '/'0G w
•
CJ
0co �. d aYo �.. :T� w
(' Y rn m .4 0 1_,
w- y -, to =c on H-. - dam 0" � w 3 rn �-
m na` � m oY P. -. c0 n -0'.0- am . G - 0- En) -
�. 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