AB 1355 San Gabriel River and Mountains Conservancy. BILL NUMBER: AB 1355 AMENDED 08/17/99 BILL TEXT AMENDED IN SENATE AUGUST 17, 1999 AMENDED IN SENATE JUNE 24, 1999 AMENDED IN ASSEMBLY APRIL 22, 1999 AMENDED IN ASSEMBLY APRIL 14, 1999 AMENDED IN ASSEMBLY APRIL 6, 1999 AMENDED IN ASSEMBLY APRIL 5, 1999 INTRODUCED BY Assembly Member Havice (Coauthors: Assembly Members Cardenas, Firebaugh, Floyd, Lowenthal, Robert Pacheco, Vincent, and Washington) (Coauthor: Senators Hughes and Karnette) FEBRUARY 26, 1999 An act to add Division 22.7 (commencing with Section 32550) to the Public Resources Code, relating to the {- Eastern Los Angeles and San Gabriel Rivers -} {+ San Gabriel River +} and Mountains Conservancy. LEGISLATIVE COUNSEL'S DIGEST AB 1355, as amended, Havice. {- Eastern Los Angeles and -} San Gabriel {- Rivers -} {+ River +} and Mountains Conservancy. Existing law authorizes various conservancies to acquire, manage, and conserve public lands in the state. This bill would establish the {- Eastern Los Angeles and -} San Gabriel {- Rivers -} {+ River +} and Mountains Conservancy to acquire and manage public lands within the {- Los Angeles and -} {+ main +} San Gabriel {- River watersheds and to provide open-space, low-impact recreational and educational uses, water conservation, watershed improvement, and wildlife and habitat restoration and protection, to preserve those rivers consistent with certain standards, to acquire and hold open-space lands within the territory of the conservancy, and to provide for the public's enjoyment and enhancement of recreational and educational experiences on public lands. The bill -} {+ Basin, the San Gabriel River and its tributaries, the lower Los Angeles River and its tributaries, and the San Gabriel Mountains, and +} would prescribe the management, powers, and duties of the conservancy. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. SECTION 1. Division 22.7 (commencing with Section 32550) is added to the Public Resources Code, to read: DIVISION 22.7. {- EASTERN LOS ANGELES AND SAN GABRIEL RIVERS -} {+ SAN GABRIEL RIVER +} AND MOUNTAINS CONSERVANCY ACT CHAPTER 1. GENERAL PROVISIONS 32550. This division shall be known, and may be cited, as the {- Eastern Los Angeles and San Gabriel Rivers -} {+ San Gabriel River +} and Mountains Conservancy Act. 32551. The Los Angeles and San Gabriel Rivers and their tributaries and watersheds and the San Gabriel Mountains constitute unique and important open-space, environmental, anthropological, cultural, scientific, educational, recreational, scenic, and wildlife resources that should be preserved for the enjoyment of, and appreciation by, present and future generations. {- 32552. There is in the Resources Agency, the Eastern -} {+ 32552. There is in the Resources Agency, the San Gabriel River and Mountains Conservancy, a state agency established for all of the following purposes: (a) To acquire and manage public lands within the San Gabriel River watershed and the Lower Los Angeles River, and to provide open-space, low-impact recreational and educational uses, wildlife and habitat restoration and protection, water conservation, and watershed improvement within the territory. (b) To preserve the San Gabriel River and the Lower Los Angeles River, consistent with river and flood control projects for the protection of life and property. (c) To acquire and hold, in perpetuity, open-space, mountainous lands adjoining the San Gabriel Mountains, Puente Hills, and San Jose Hills. (d) To provide for the public's enjoyment and enhancement of, recreational and educational experiences on public lands in the San Gabriel River Watershed, the Lower Los Angeles River, and the San Gabriel Mountains in a manner consistent with the protection of lands and resources in those areas. CHAPTER 2. DEFINITIONS 32553. As used in this division, the following terms have the following meaning: (a) "Board" means the governing board of the San Gabriel River and Mountains Conservancy. (b) "Conservancy" means the San Gabriel River and Mountains Conservancy. (c) "Territory" means the territory of the conservancy that consists of that portion of Los Angeles County or Orange County located within the main San Gabriel Basin, the San Gabriel Mountains, the Lower Los Angeles River and its tributaries, and the San Gabriel River and its tributaries, including, without limitation, all of the following: (1) The hydrologic basin or watershed that coincides with a portion of the upper San Gabriel River watershed. The watershed basin is bounded by the San Gabriel Mountains to the north, the San Jose Hills to the east, the Puente Hills to the south, and by a series of hills and the Raymond Fault to the west. (2) The channel of the San Gabriel River and tributaries thereto, and the Rio Hondo tributary. (3) The San Gabriel Mountains, including the Foothills Mountains, up to the Angeles National Forest, and the Puente Hills and San Jose Hills areas. (4) The channel of the Lower Los Angeles River and its tributaries thereto, located in the Cities of Bell, Bell Gardens, Commerce, Compton, Cudahy, Downey, Huntington Park, Long Beach, Lynwood, Maywood, Paramount, South Gate, and Vernon. CHAPTER 3. CONSERVANCY 32554. The conservancy shall do all of the following: (a) Establish policies and priorities for the conservancy regarding the San Gabriel River and the Lower Los Angeles River, and their watersheds, and conduct any necessary planning activities, in accordance with the purposes set forth in Section 32552. (b) Give priority to river related projects that create expanded opportunities for recreation, greening, aesthetic improvement, and wildlife habitat along the corridor of the river, and in parts of the river channel that can be improved for the above purposes without infringing on water quality, water supply, and necessary flood control. (c) Approve conservancy funded projects that advance the policies and priorities set forth in Section 32552. 32555. The board of the conservancy shall consist of 17 voting members and five nonvoting members, as follows: (a) The 17 voting members of the board shall consist of all of the following: (1) One member of the Board of Supervisors of Los Angeles County who represents the area, or a portion thereof, contained within the territory of the conservancy, appointed by a majority of the membership of that board. However, instead of appointing one of its members to serve on the board, a majority of the membership of the Board of Supervisors of the County of Los Angeles may, alternatively, appoint a person to serve as a member of the board who is a resident within the conservancy's territory who has demonstrated experience in the support and implementation of river or watershed restoration projects as well as community development experience. (2) Three members of the Board of Directors of the San Gabriel Valley Council of Governments appointed by a majority of the membership of that board, one of whom shall be a mayor or city council member of a city bordering along the San Gabriel River and one of whom shall be a mayor or city council member of a city bordering the Foothills Mountains or the Puente Hills area. (3) Two members of the Board of Directors of the Gateway Cities Council of Governments appointed by a majority of the membership of that board, one of whom shall be a mayor or city council member of a city bordering along the San Gabriel River, and one of whom shall be a mayor or city council member of a city bordering along the Lower Los Angeles River. (4) One person who shall be the mayor or a city council member of the City of Long Beach appointed by a majority of the membership of the Long Beach City Council. (5) One person appointed by the Governor shall be a resident of a community bordering the San Gabriel River or of a community in the San Gabriel Mountains area. The person shall have demonstrated experience in the support and implementation of river or watershed restoration projects as well as community development experience. (6) One person appointed by the Senate Committee on Rules shall be a resident of a community in the upper San Gabriel River area, within the conservancy's territory. The person shall have demonstrated experience in the support and implementation of river or watershed restoration projects as well as community development experience. (7) One person appointed by the Speaker of the Assembly shall be a resident of a community in the lower San Gabriel River area, within the conservancy's territory. The person shall have demonstrated experience in the support and implementation of river or watershed restoration projects as well as community development experience. (8) One person shall be a representative of a member of the San Gabriel Valley Water Association, appointed by a majority of the membership of the board of directors of the San Gabriel Valley Water Association. (9) One person shall be a representative of a member of the Central Basin Water Association appointed by a majority of the membership of the board of directors of the Central Basin Water Association. (10) One person shall be a resident of Los Angeles County appointed by a majority of the membership of the Board of Supervisors of Los Angeles County from a list submitted by local, state, and national environmental organizations that operate a chapter within the County of Los Angeles and within the conservancy's territory, and that have participated in planning for river restoration or open space, or both, or river preservation. (11) Two persons shall be mayors or city council members of cities that are members of the Orange County Division of the League of California Cities and that border or include within their boundaries the San Gabriel River or a tributary thereof. These persons shall be appointed by a majority of the membership of the division. (12) The Secretary of the Resources Agency or a member of his or her executive staff designated by the secretary. (13) The Director of Parks and Recreation or a member of his or her executive staff designated by the director. (b) The five nonvoting members of the board shall consist of all of the following: (1) The District Engineer of the United States Army Corp of Engineers, or his or her designee. (2) The Regional Forester for the Pacific Southwest Region of the United States Forest Service, or his or her designee. (3) The executive director of the State Coastal Conservancy, or his or her designee. (4) A member of the San Gabriel Watermaster, appointed by a majority of the membership of the San Gabriel Watermaster. (5) The Director of the Los Angeles County Department of Public Works. 32556. (a) Except as provided in subdivision (c), the term of each voting member of the board shall be two years. Any vacancy shall be filled within 60 days of its occurrence by the appointing authority. (b) Notwithstanding subdivision (a), no person shall continue as a member of the board if he or she ceases to hold the office that qualifies that person to be appointed as a member of the board, or in the case of the member appointed pursuant to paragraph (8) or (9) of subdivision (a) of Section 32555, ceases to represent a member of the association. The membership on the board held by that person shall terminate immediately upon ceasing to hold that qualifying office or membership. Except as provided in subdivision (c), the position of any member appointed by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or the Board of Supervisors of Los Angeles County shall be deemed vacant immediately if the member ceases to be a resident of the applicable territory. (c) The term of each of the members appointed pursuant to paragraphs (6) and (7) of subdivision (a) of Section 32555 shall be two years, or until the member's successor is appointed, whichever is longer. 32557. (a) The voting members of the board shall elect a chairperson, vice chairperson, and other officers, as determined to be necessary, from among the board members. The terms of those offices shall be determined by the board. (b) The conservancy may employ an executive officer and other necessary staff to perform functions that cannot be provided by the existing personnel, by others on a contract basis, or by volunteers, and may enter into contracts for services requiring knowledge, experience, and ability not possessed by the conservancy staff. All those contracts shall be approved by the board. 32558. Members of the board who are not full-time public employees shall be compensated at a rate not to exceed seventy-five dollars ($75) per regular meeting, not to exceed 12 regular meetings per year, and the actual and necessary expenses incurred in the performance of their duties. Any member may waive compensation. 32559. (a) A quorum shall consist of a majority of the voting members of the board. All meetings of the board shall be held in accordance with the Bagley-Keene Open Meetings Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (b) Any action of the board affecting any matter shall be taken by a majority vote of the board, a quorum being present. 32560. The conservancy shall obtain and maintain adequate liability insurance or its equivalent. CHAPTER 4. POWERS AND DUTIES Article 1. Land Acquisition and Management 32561. The conservancy may manage, operate, administer, and maintain the lands and facilities it acquires, in accordance with the purposes set forth in Section 32552. The conservancy may adopt regulations governing the use by the public of conservancy lands and may provide for the enforcement of those regulations. 32562. (a) The conservancy may acquire real property or any interest in real property pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code) within the conservancy's territory from willing sellers and at fair market value, upon a finding that the acquisition is consistent with the purposes of the conservancy, as set forth in Section 32552. The conservancy may acquire the property itself or may coordinate the acquisition through other public agencies that have the authority to acquire property and that have available funding or land to exchange. The conservancy may hold a remainder interest in property in those instances in which an owner desires to sell the property and retain a life estate, and may create and administer a mitigation land bank and arrange land exchanges, consistent with the purposes set forth in Section 32552. The overall objective of the land acquisition program shall be to assist in accomplishing land transactions that are mutually beneficial to the landowner and the conservancy, and that meet the conservancy's purposes. (b) Prior to entering into an agreement to acquire any interest in real property within the territory of the conservancy for open-space or conservation purposes, any agency within the Resources Agency that does not have an office that is physically located within the territory shall provide 60 days written notice to the executive director of the conservancy. 32563. (a) The conservancy shall have, and may exercise, all rights and powers, expressed or implied, necessary to carry out the purposes of this division, except as otherwise provided. (b) The conservancy may not levy a tax, regulate land use, or exercise the power of eminent domain. (c) The conservancy shall not take action pursuant to this division that affects land within the jurisdiction of a city without the written approval of the city. (d) The conservancy shall not take action pursuant to this division that affects land within the jurisdiction of an unincorporated area of a county without the written approval of the county. 32564. The conservancy may do all of the following: (a) Sue and be sued. (b) Enter into contracts and joint powers agreements with any public agency, private entity, or person necessary for the proper discharge of the conservancy's duties, in furtherance of the purposes set forth in Section 32552. (c) Lease, rent, sell, exchange, or otherwise transfer any real property or interest therein or any option acquired under this division to a local public agency, state agency, federal agency, nonprofit organization, individual, or other entity pursuant to terms and conditions approved by the conservancy, in accordance with the purposes set forth in Section 32552. (d) Initiate, negotiate, and participate in an agreement for the management of land under its ownership or control by a local public agency, state agency, federal agency, nonprofit organization, individual, or other entity, and initiate, negotiate, and participate in an agreement for the management of land under the ownership or control of any of those entities by the conservancy, in accordance with the purposes set forth in Section 32552. (e) Enter into any other agreement with any public agency, private entity, or person necessary for the proper discharge of the conservancy's duties. (f) Recruit and coordinate volunteers and experts to conduct interpretive and recreational programs and assist with construction projects and the maintenance of parkway facilities. (g) Undertake, within the territory, site improvement projects, regulate public access, and revegetate and otherwise rehabilitate degraded areas, in consultation with any other public agency with appropriate jurisdiction and expertise, in accordance with the purposes set forth in Section 32552. The conservancy may also, within the territory, upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resources protection with the prior written approval of the legislative body of the local agency in the jurisdiction in which the conservancy proposes to undertake that activity. The conservancy may undertake those projects by itself or in conjunction with another local agency; however, the conservancy shall provide overall coordination of those projects by setting priorities for the projects and by ensuring a uniform approach to projects. 32565. The conservancy shall administer any funds appropriated to it, and may expend those funds for capital improvements, land acquisition, or support of the conservancy's operations, in accordance with the purposes set forth in Section 32552. The conservancy may also accept any revenue, money, grants, goods, or services contributed to it by any public agency, private entity, or person and, upon receipt, may use the revenue, money, grants, goods, or services for capital improvements, land acquisitions, or support of the conservancy's operations, in accordance with the purposes set forth in Section 32552. 32566. (a) The conservancy shall be deemed a local agency for the purpose of any provision of law authorizing a local agency to borrow money and incur indebtedness. The conservancy may fix and collect fees for the use of any land owned or controlled, or for any service provided, by the conservancy. No fee shall exceed the cost of maintaining and operating the land or of providing the service for which the fee is charged. (b) The fee revenue and all other revenue received pursuant to this division shall be deposited in the San Gabriel River and Mountains Conservancy Fund, which is hereby created in the State Treasury. The money in the fund shall be expended by the conservancy, upon appropriation by the Legislature, for the purposes of this division. CHAPTER 5. LIMITATIONS 32567. Nothing in this division shall be interpreted to grant the board any regulatory or governing authority over any ordinance or regulatory measure adopted by a city, county, city and county, or special district that pertains to, including, but not limited to, land use, water rights, or environmental quality. 32568. (a) Notwithstanding any other provision of this division, the conservancy shall not take any action that does any of the following: (1) Interferes or conflicts with the exercise of the powers or duties of any watermaster, public agency, or other body or entity responsible for groundwater or surface water management or groundwater replenishment that is designated or established pursuant to any adjudication or statute. (2) Interferes or conflicts with any provision of any judgment or court order issued, or rule or regulation adopted, pursuant to any adjudication affecting water or water management in the San Gabriel River watershed and basin. (3) Impedes or adversely impacts any previously adopted Los Angeles County Drainage Act project. (4) Results in the degradation of water quality, or interferes or conflicts, in any way, with any action by any watermaster or public agency pursuant to statute, including, but not limited to, any action relating to water conservation, groundwater recharge, conservation or storage of water, conservation and storage of water, pumping of groundwater, or water treatment, or regulation of spreading, injection, pumping, storage, or use of water from local sources, stormwater flows and runoff, imported water, and reclaimed water that is undertaken in connection with the management of the San Gabriel River or any branch, stream, fork, or tributary thereof, a groundwater basin, or groundwater resource pursuant to any water right or adjudication. (5) Interferes with, obstructs, hinders, or delays the exercise of any water right by the owner of a public water system, including, but not limited to, the construction, operation, maintenance, replacement, repair, location, or relocation of any well or water pumping, treatment, or storage facility, pipeline, or other facility or property necessary or useful to the operation of the public water system. (b) The conservancy shall deliver written notice to every watermaster in the jurisdiction of the conservancy of any proposed action, policy, or project that may affect any water right or water delivery system at least 45 calendar days prior to the date set for approval of any of those matters by the conservancy. (c) As used in this section, "adjudication" means any final judgment or order entered in any judicial proceeding adjudicating or affecting water rights, or surface water or groundwater management. (d) Each office, agency, and department under the jurisdiction of the Resources Agency, including the conservancy, shall consult with other offices, agencies, and departments within the Resources Agency prior to implementing any project pursuant to this division in which there may be a jurisdictional overlap. Each of those offices, agencies, and departments shall make its best effort to resolve any issues regarding any project development that is carried out pursuant to this division in a mutually advantageous and environmentally beneficial manner. +} ____________________________________ All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 24, 1999 (JR 11) ____________________________________ Searching keywords: (statusam) (authorHavice) (HooA)