2002-069RESOLUTION NO. 2002R- 69
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OFANA/{EIMA~PROVING
THE SAN GABRIELAND LOS ANGELES
RIVERS W]%TERSHED 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 (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, iow 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), 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
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 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; and
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 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 findingsl (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 ("CEQ~') (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; and
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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 by the City Council of
the City of Anaheim that the City of Anaheim 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});
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 ~ffect 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;
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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 OSP in accordance with section 32604 (d)
of the Public Resources Code.
The foregoing resolution is approved and adopted at a
regular meeting by the City Council of the City of Anaheim on the
26th day of March , 2002.
Attest: May6f--of t~[~ City of Ana~m
C~ty Clef~ of the City of Anaheim
43875.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-69 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 26th day of March, 2002, by the following vote of the
members thereof:
AYES:
MAYOPJCOUNCIL MEMBERS: Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus
CI~Y-CLEF~ OF THE CITY OF ANAHEIM
(SEAL)