HomeMy Public PortalAboutResolution 03-41911
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RESOLUTION NO. 03 -4191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY 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 (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), 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 Angeles,
the San Gabriel Valley Water Association and the Central Basin Water Association, has prepared a draft
OSP; and
Resolution No. 03 -4191
Page 2
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; 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, 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 Council of the City of Temple City 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; and
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)); and
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 affect in any way the City's
regulatory or governing authority over land use or water rights and management issues within its
jurisdiction; and
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; and
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; and
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; and
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; and
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; and
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Resolution No. 03 -4191
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9. APPROVES the OSP in accordance with section 32604(d) of the Public Resources Code.
The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED on this 1st day of July, 2003.
ATTEST:
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City Clerk
I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 03-
4191 was adopted by the City Council of the City of Temple City at a regular meeting held on the 1st day of
July, 2003 by the following vote:
AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -None
ric\ aA.Ax 42,9-vieiv,
City Clerk