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Home My WebLink AboutCC Res 4981 2002-02-11 RESOLUTION NUMBER#?81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING "COMMON GROUND: FROM THE MOUNTAINS TO THE SEA - SAN GABRIEL AND LOS ANGELES RIVERS WAT!!.'RSHED AND OPEN SPACE PLAN" 1 WHEREAS, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Aet (the "Act"), Public Resources Code, Division 22.8, commencing at ~ 32600 (Stats. 1998, Ch. 788 (AS 135)), created thc Sun Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (the "RMC") lor thc purpose of acquiring and managing public lands within the Lower Los Angeles River and San Gabliel 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 telTitory of the RMC extends across the city boundaries of over sixty cities, as set f0l1h in section 32603(c)(2)(A), as wcllas the unincorporntcd areas of Los Angeles County and Orange County adjacent to the San Gabriel River and its tributaries, the lower Los Angeles Rivcr and its tributaries, the San Gabliel Mountains, the Foothill Mountains, the Puente Hills, and the San Jose Hills area including but not limited to, East Los Angcles, and I WHEREAS, the RMC was created, in part, in response to the interest of the Gatewuy Cities Council of Governments (COG) and the San Gabriel Valley COG, and other local public entities, in creating a multi-jurisdictional agency lhat would be authOlized 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 Gateway Cities Council of Govenunents and the San Gabriel Valley Council of Govemments, Orange County Division of the League of California Cities, San Gabriel Valley Water Association, Ccntral Basin Water Association, as well as state agencies including the Resources Ageney, the Environmental Protection Agency and the Department of Finance; and WHEREAS,', it was the intent of the State legislature in creating the RMC, that the RMC . and membcr cities would be equal pm1ners in the plalUling, development and management of mountain and watershed areas within the RMC's territory, and to that end, the Legislature provides in the ACr that member cities shall retain control over their own land use regulations, ordinances, and geperal 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 I WHEREAS, nothing in the ACT shall be interpreted to grant the RMC uny regulatory or governmental authority over any ordinance or regullltOlY measure adopled by a city, county or special dislIict that pertains to land use, water rights, or environmental quality; and ' 1 I I Resolution Number I/?I/ WHEREAS, section 32604(d) of the Public Resources Code directs thc RMC to prepare a Sun Gabrielund Lowcr Los Angeles Parkway and Open Space Plan (the "OS!''') to be upproved hy a majority of the cities reprcscnting a majority of the population, the Board of Supervisors of Los Angeles County, and by the Centml Basin Water Association and the San Gabriel Water Wultmnaster; und WHEREAS, the RlvIC, in consultation with representatives of the Guteway COG, the San Gabriel Valley COG, the County of Los Angeles, the County of Orungc, the San Gabriel Water Association and Central Busin Water Association, has prepared a drafi OSP; and WHEREAS, the RMC has conducted public meetings for public review and receipt of public comments on the draft OSP; and WHEREAS, the RMC Board, at thc conclusion of its public meetings and review of all the documentury and oral evidence related to the OSP, adopted the drafi OSP and made the following findings: (I) that the OSP complies with all applicuble requirements of law; (2) that the OSP is consistent with the purposes of the RMC as Set forth in selltion 32602 ofthc Public Rcsources Code; (3) Ihut the OSP contains ull the required elemcnts 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 Calilomiu Environmental Quality Act ("CEQA") (c.g., CEQA Guidelines, ~ 15378(b)(2); (5) that. alternatively, the OSP, as an activity involving only feasibility or planning studies for future actions, is exempt from thc environmental impuct reporl requirements of CEQA review; und (6) that the OSP is a long range planning guidc or intcrim policy document and does not commit the RMC to follow a ddinite course of action with respcct to any pm1iculur aspect of the OSP, nor is it intcnded to have a legully binding effect on later activities; and WHEREAS, following adoption of thc OSP by the RMC Board, the OSP was refereed to the member cities 101' their review and approval pmsuant to scction 32604(d) of the Public Resources Code; ami WHEREAS, the Environmental Quality Control Board of the City of Seal Bcach has conducted a public meeling for public review and receipt of public comments rclating to the OSP; and WHEREAS, thc Environmental Quality Control Board of the Cily of Seal Beach has recommendcd approvul of the OSP to the City Council on Junuury 30, 2002 by the adoption of Resolulion No. 2002-1. NOW, THEREFORE; BE IT RESOLVED, THAT THE CITY COUNCIL "- MAKES THE FOLLO~]NG FINDlNGS: . "~"'\ , ,\ p., I. That the OS!'..E.Q.~~)li~S::with the requirements of Section 32604(d) of the Public Resources -Code ~and 'inCludes all the mundatory elements set forth in section 326Q4(d)(1-4) 'Qf,tlieT:Q15lic Resources Code. . f-- "~~7/ " . t.: . i~V./. 2. That the',Q~.r..iL.riot a "project " within the meaning of Ihe Calilomia cnvironmentul Quulity Act ("CEQA") (e.g., CEQA Guidelincs, ~ I 5378(b)(2)). 3. Thut approval of the OSP by the City of Seal Beach will not require thc City to modify, lIlnend, or revise in any way its general or any specific plans, ordinances or regulations, or etlect in any way the City's rcgulatory or governing authority over land usc 01' water rights and management issues within its jurisdiction. 4. Thut approval by the Cily of Scul Beach of the OSP does not constitute ugreement with the policies, principles and statements set forth in the OSP. Resolution Number ~ 5. That approval by the City of Scal Beach of the OSP does not constitute a waiver of the City's regulations or govel11ing authority over land use, watcr rights or cnvironmentul issues within its jlll'isdiction or ten-itory. 6. Thatappl'Oval by thc Cily of Seal Beach of the OSP docs not constitutc adoption llr incorporation of the OSP as pmt of the Gcncral PllIn, any spccific plan, or any llrdinancc, 11Iw or rcgulation of thc Cily of Seal Beach. 7. That the OSP is an inlerim policy document or long range planning guide, that it does not commit the RMC or thc City of SClll Beach to (ollow a definite course of lIction with respect to any aspect of the OSP, and that it is not intended III have a Icgally binding cffect on later activities ofthe RMC or the City ofSeall3cach. I 8. That the OS!' is, in principle, consistent with the General Plan and spccitic plans and wilh the ordinances, laws and rcgulations tllllt pertain 10 land usc, waler rights, or environmentlll quality of the Cily of Seall3cach. NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY APPROVES THE SAN GABRIEL AND LOWER LOS ANGELES PARKWAY AND OPEN SPACE PLAN (OSP), DATED OCTOBER 2001, IN ACCORDANCE WITH SECTION 32604(D) OF THE PUBLIC RESOURCES CODE. PASSED, APPROVED AND ADOP~D by the Cit Beach at a meeting thcreofhcld on the 7J _ day of thc following vote: NOES: , Councilmember ouncil of the City of Seal 002 by AYES: Councilmemb I ABSENT: Councilmembcr ABSTAIN: Councilmember (;j~~ STATE or CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I I, Joannc M. Yeo, City Clerk of the City of Seal Beach, Califomia, do hcrcby certify that the for:goin~ resoh~lion is lIn original copy of Resolution Number 4?r I on liIe in the Ofhcc 01 the City Clerk, passed, approved and adoptcd by the City Cql}ncil of the City of eal Beach at a meeting thereof held on the /f'!!! day of 2002. I eM. Yeo, City Clerk y of Scal Beach