HomeMy WebLinkAboutResolution No. 01-C1410 0
RESOLUTION NO. 01-C141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, APPROVING THE SAN GABRIEL
AND LOWER LOS ANGELES PARKWAYAND 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 (AB1355)), 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 Council of Governments and the San Gabriel
Valley Council of Governments, Orange County Division of the League of California Cities,
San Gabriel Valley Water Association, Central Basin Water Association, as well as state
agencies including, the Resources Agency, the Environmental Protection Agency and
Department of Finance;
WHEREAS, it was intent of the State Legislature in creating the RMC, that the
RMC and members 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;
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
"OPS") to be approved by a majority of the cities representing a majority of the population,
the a Board of Supervisors of Los Angeles County, and by the Central Basis Water
Association and San Gabriel Water Watermaster;
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WHEREAS, the RMC, in consultation with representatives of the Gateway COG,
San Gabriel COG, the County of Los Angeles, Orange County, the San Gabriel Water
Association and central Basis Water Association, has prepared a draft OSP;
WHEREAS, the RMC has conducted public meetings for public review and for
receipt of public comments on the draft OPS;
WHEREAS, on or about December 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 draft OSP 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 section 32604 (d) (1-4);(4) that
the OSP is not "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
actively involving only feasibility or planning studies for future 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;
WHEREAS, the City has conducted public meetings for public review and for
receipt of public comments relating to the OSP;
WHEREAS, 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 AZUSA 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 ("CEQA") (e.g., CEQA Guidelines, § 15378 (b) (2));
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 regulations,
or effect 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 overland use, water rights or environments
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 orthe 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;
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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 San Gabriel and Lower Los Angeles Parkway and Open Space
Plan (OSP), in accordance with section 32604 (d) of the Public Resources Code.
PASSED, APPROVED AND ADOPTE
Mayor
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
City Council of the City of Azusa, at the regular meeting thereof, held on thel7th day of
December, 2001, by the following vote of the Council:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
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City Clerk
HARDISON, STANFORD, ROCHA, MADRID
CHAGNON