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Home My WebLink About2002 019 CC RESO2002 019 CC RESO;¢f4¨õòRESOLUTION 2002-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE SAN GABRIEL AND LOS ANGELES RIVERS WATERSHED AND OPEN SPACE PLAN. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find. determine, and declare as follows: 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; 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 mutti-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 COG and the San Gabriel Valley COG the Orange County Division of the League of California Cities, 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; 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 temtory. 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, BIB] 37643-U01 2002-U02 019-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO8678-U03 DO9097-U03 C6-U03 RESO-U03 1/21/2003-U04 ROBIN-U04 2002 019 CC RESO;¢f4¨õòResolution 2002-019 Page 2 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 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; WHEREAS, the RMC, in consultation with representatives of the Gateway Cities_COG. San Gabriel Valley COG. the County of Los Angles, the Orange County Division of the League of California Cities, the San Gabriel Water Association and the Central Basin Water Association, has prepared a draft OSP; 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 findingsi 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; 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: BIB] 37643-U01 2002-U02 019-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO8678-U03 DO9097-U03 C6-U03 RESO-U03 1/21/2003-U04 ROBIN-U04 2002 019 CC RESO;¢f4¨õòResolution 2002-019 Page 3 NOW, THEREFORE, be it resolved, that the city of Baldwin Park 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 affect 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 u.se, 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; 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. SECTION 2. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 6th day of February. 2002. y.^ /^y^ / MANUEL LOZANO. MAYOR BIB] 37643-U01 2002-U02 019-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO8678-U03 DO9097-U03 C6-U03 RESO-U03 1/21/2003-U04 ROBIN-U04 2002 019 CC RESO;¢f4¨õòResolution 2002-019 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK I. ROSEMARY M. RAMIREZ. Chief Deputy City Clerk of the City of Baldwin Park. do hereby certify that the foregoing Resolution 2002-019 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on February 6, 2002, by the following vote: AYES: COUNCILMEMBERS: Bill Van Cleave. Marten Garcia, Ricardo Pacheco, Mayor Pro Tern Linda Gair and Mayor Manuel Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: CpU^CILMEMBERS: None / / ROSEM/^^EAMIREZ, CMC CHIEF DEPUTY CITY CLERK BIB] 37643-U01 2002-U02 019-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO8678-U03 DO9097-U03 C6-U03 RESO-U03 1/21/2003-U04 ROBIN-U04