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Home My WebLink About6327 RESOLUTION NO. 6327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, 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 Section 32600 (Stats. 1998, Ch.788 (AB1355) 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; and WHEREAS, the territory of the RMC extends across the city boundaries of over sixty cities, as set forth in section 32603(c)(2)(A) of the Public Resources Code, 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; and 1 6327 WHEREAS, the RMC was created, in part, in response to the interest of the ,Orange County Division of the League of Cities, the Gateway Cities Council of Governments (COG), 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; and WHEREAS, the RMC board is composed of voting members who represent the County of Los Angeles, the Orange County Division of the League of California Cities, the Gateway Cities COG, the San Gabriel Valley COG, 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; and WHEREAS, it was the intent of the State Legislature in creating the RMC, that the RMC and )llember 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; and 2 6327 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; and 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; and 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; and WHEREAS, the RMC, in consultation with representatives of the Orange County Division of the League of California Cities, the Gateway Cities COG, San Gabriel Valley COG, the County of Los Angles, the San Gabriel Water Association and the Central Basin Water Association, has prepared a draft OSP; and 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 aSP, adopted the OSP also known as "Common Ground From the Mountains to 3 6327 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) of the Public Resources Code; (4) that the OSP is not a "project" within the meaning of the California Environmental Quality Act ("CEQA") (e.g., CEQA Guidelines, S 153 78(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; and 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, City staff has reviewed the OSP as well as documentary evidence relating to the asp. 4 6327 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. 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 3 2604( d)(l-4) of the Public Resources Code. SECTION 2. The OSP is not a "project" within the meaning of the California Environmental Quality Act (e.g., CEQA Guidelines S15378(b )(2)). SECTION 3. 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 regulations, or affect in any way the City's regulatory or governing authority over land use or water rights and management issues within its jurisdiction. SECTION 4. That approval by the City of the OSP does not constitute agreement with the policies, principles and statements set forth in the OSP. SECTION 5. 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. SECTION 6. 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. . 5 6327 SECTION 7. That 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. SECTION 8. 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. SECTION 9. That the City Council approves the OSP in accordance with section 32604(d) of the Public Resources Code. SECTION 10. This Resolution shall take effect upon its adoption. SECTION 11. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 15th day of October ,2002. of Arcadia , ATTEST: , , ~k-J ~~'X APPROVED AS TO FORM: ~ ~r(~ City Attorney 6 6327 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6327 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 15th day of October, 2002 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Kovacic, Segal, Wuo and Marshall NOES: None ABSENT: None Ai) Clerk of the 7 6327