BILL NUMBER: AB 889 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones
FEBRUARY 26, 2009
An act to amend Sections 5832, 5833, 5834, 5841, 5841.5, and 5842
of, to add Section 5836 to, and to repeal Section 5842.5 of, the
Public Resources Code, relating to open-space preservation, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 889, as introduced, Jones. Open-space preservation: Bushy Lake
and Urban American River Parkway.
(1) The Bushy Lake Preservation Act declares that the County of
Sacramento and the City of Sacramento have developed the American
River Parkway, a 23-mile open-space greenbelt in the lower American
River flood plain.
This bill would declare instead that the County of Sacramento and
the City of Sacramento have adopted by resolutions, and the City of
Rancho Cordova has endorsed by resolution, the American River Parkway
Plan, a 29-mile open-space greenbelt in the American River flood
plain.
(2) The Bushy Lake Preservation Act requires the California
Exposition and State Fair Board of Directors to preserve, for public
day use and enjoyment, the California Exposition flood plain in a
manner consistent with the definition of a state park. The act
requires the California Exposition and State Fair Board of Directors
to preserve the Bushy Lake area consistent with the features of a
natural preserve.
This bill would also require the California Exposition and State
Fair Board of Directors to preserve the California Exposition flood
plain in accordance with the American River Parkway Plan as an
element of the County of Sacramento's General Plan. The bill would
additionally require the California Exposition and State Fair Board
of Directors to manage, or provide, pursuant to an agreement with the
appropriate managing entity of the American River Parkway, for the
management of, the Bushy Lake area in accordance with land use
designations and policies of the American River Parkway Plan.
This bill would also make legislative findings and declarations
regarding parking on the American River Parkway.
(3) The Urban American River Parkway Preservation Act defines the
American River Parkway Plan as the revised, updated management plans
for the lower American River adopted by resolutions of the City of
Sacramento and the County of Sacramento. The act declares that the
American River Parkway and its environs contribute to the quality of
life within the City of Sacramento.
This bill would revise the definition of the American River
Parkway Plan to include revised and updated plans adopted by the City
of Sacramento and the County of Sacramento, including an endorsement
by the City of Rancho Cordova adopted by resolution. This bill would
declare that the American River Parkway and its environs also
contribute to the quality of life within the City of Rancho Cordova.
(4) The Urban American River Parkway Preservation Act permits
in-line skating on the American River Parkway on a trial basis until
January 1, 2001, and if the board of supervisors and the city council
determine that the trial was successful, in-line skating may be
added to the list of permitted recreational uses for the parkway on a
permanent basis upon approval of the board of supervisors and city
council.
This bill would delete this provision.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5832 of the Public Resources Code is amended to
read:
5832. The Legislature finds and declares that:
(a) The lower American River is in the California Wild and Scenic
Rivers System as designated in subdivision (e) of Section 5093.54,
and has thus been determined by the Legislature as possessing
extraordinary scenic, recreational, fishery, and wildlife values.
(b) The County of Sacramento on September 10, 2008, by
Resolution No. 2008-0946, and the City of Sacramento on
November 6, 2008, by Resolution No. 2008-731, have
developed the adopted, and the City of Rancho Cordova
on September 15, 2008, by Resolution No. 110-2008, has endorsed, the
2008 American River Parkway Plan with promulgated land use
regulations to prevent urban and other incompatible encroachment
into the parkway , a 23 -mile
29-mile open-space greenbelt in the lower
American River flood plain , and have promulgated land use
regulations to prevent urban and other incompatible encroachment into
the parkway .
(c) The California Exposition flood plain contains an unprotected
block of significant riparian habitat remaining in the lower American
River flood plain, and the United States Fish and Wildlife Service
has determined that this riparian habitat is of vital importance and
an integral part of the American River.
SEC. 2. Section 5833 of the Public Resources Code is amended to
read:
5833. The California Exposition and State Fair Board of Directors
shall preserve, for public day use and enjoyment, the California
Exposition flood plain in a manner consistent with the definition of
a state park in accordance with the provisions of Section 5019.53
, except and consistent with the American
River Parkway Plan, an element of the County of Sacramento. Except
that the parking of public and private vehicles may be
permitted only during the State Fair and only on the flood plain land
abutting the riverside toe of the levee as it exists on January 1,
1977, beginning at least 400 feet east of the Bushy Lake area and
extending not more than 1,500 feet along the toe of such levee
eastward of the Bushy Lake area and extending not more than a
distance of 300 feet riverward from such levee.
SEC. 3. Section 5834 of the Public Resources Code is amended to
read:
5834. The California Exposition and State Fair Board of Directors
shall preserve and manage, or provide, pursuant to an agreement
with the appropriate managing entity of the American River Parkway,
for the management of, the Bushy Lake area in accordance with
the provisions of Section 5019.71 ,
and the land use designations and policies of the
American River Parkway Plan, except that it may allow group
picnics and vehicles found essential for the picnics in an area
designated by it on the north side of Bushy Lake, commonly known as
"picnic island."
SEC. 4. Section 5836 is added to the Public Resources Code, to
read:
5836. The Legislature finds and declares all of the following:
(a) The Bushy Lake Preservation Act allows the California
Exposition to permit parking of private and public vehicles on an
area pursuant to Section 5833 of the Public Resources Code.
(b) Pursuant to the American River Parkway Plan, the area has been
designated limited recreation, and has been shifted to the east to
provide a buffer between parking and the proposed treatment of
wetland to the west.
(c) The plan allows the California Exposition exhibitor parking
related to agricultural and equestrian events taking place outside
the parkway as this group benefits from the close proximity to the
California Exposition livestock pavilion and equestrian area.
(d) Pursuant to the plan, parkway user access and parking,
including equestrian staging, may occur within one acre of the 11
acres if the California Exposition's exclusive use for parking on the
entire 11 acres during specified equestrian and agricultural events
is not impeded.
(e) Pursuant to the plan, the coordination and management of
parkway user access and parking and the California Exposition's
periodic exclusive use of the 11 acre area will be addressed in a
management agreement between the parkway manager and the California
Exposition.
(f) Pursuant to the plan, equestrian uses are required to be
consistent with the plan.
SEC. 5. Section 5841 of the Public Resources Code is amended to
read:
5841. (a) "American River Parkway Plan" means the revised,
updated management plans for the lower American River adopted by the
County of Sacramento on December 11, 1985
September 10, 2008 , by Resolution No. 85-1870, as
amended by the County of Sacramento on December 20, 1995, by
Resolution No. 95-1507, and by the City of Sacramento on March 25,
1986, by Resolution No. 86-225 2008- 0946
and by the City of Sacramento on November 6, 2008, by
Resolution No. 2008-731, and endorsed by the City of Rancho Cordova
on September 15, 2008, by Resolution No. 110-2008 .
(b) "Lower American River" means that portion of the American
River between Nimbus Dam and the confluence of the American River
with the Sacramento River and the adjacent lands as described in the
American River Parkway Plan.
(c) "American River Parkway" means the area described in the
American River Parkway Plan.
SEC. 6. Section 5841.5 of the Public Resources Code is amended to
read:
5841.5. (a) The American River Parkway and its environs
contribute to the quality of life within the City of Sacramento
, the City of Rancho Cordova, and the County of Sacramento,
enhance the image of the city cities
and the county as desirable places to live, provide for the public
safety and welfare of the community, and thereby contribute to the
economic well-being of the community.
(b) The lower American River serves as a floodway channel,
protecting the community from runoff, rainfall, and snowmelt.
(c) The lower American River sustains a myriad of fish
populations, including steelhead, king salmon, striped bass, shad,
and other fish and wildlife populations, which in turn annually
support millions of recreation user-days and commercial, scientific,
and educational uses and benefits.
(d) The recreation capacity of the American River Parkway is
immense, including such diverse activities as hiking, bicycling,
picnicking, birding, horseback riding, canoeing, kayaking, rafting,
sailing, and power cruising.
(e) It is essential that the function of the lower American River
and its environs, as a regional open-space resource within the center
of the City of Sacramento , the City of Rancho
Cordova, and County of Sacramento, be supported and maintained.
(f) Actions undertaken by a state agency can drastically affect
the American River Parkway and negate planning steps taken by
appropriate local agencies.
(g) Adoption of the American River Parkway Plan by the State of
California provides necessary recognition so that local planning
efforts are eligible to receive planning grants through the Land and
Water Conservation Fund, technical staff assistance through the
National Park Service, and financial assistance through the Soil
Conservation Service's Cooperative River Basin Planning Program.
SEC. 7. Section 5842 of the Public Resources Code is amended to
read:
5842. (a) The Legislature hereby adopts the American River
Parkway Plan so as to provide coordination with local agencies in the
protection and management of the diverse and valuable natural land,
water, native wildlife, and vegetation of the American River Parkway.
(b) Actions of state and local agencies with regard to land use
decisions shall be consistent with the American River Parkway Plan,
subject to the following provisions:
(1) This chapter shall not be construed to
does not impair the authority and responsibilities of state or
local public agencies in maintaining and operating the flood
channel, levees, and pump stations, except that these operations, as
nearly as practicable, shall be consistent with the American River
Parkway Plan.
(2) This chapter shall not be construed to
does not affect the existing authority of the City of
Sacramento to conduct or settle litigation involving the validity or
application of the American River Parkway Plan.
(3) This chapter shall not be construed to
does not prohibit the reasonable expansion of the water
treatment facility or sanitary landfill site
operated by the City of Sacramento.
(4) This chapter shall not be construed to
does not impair the authority and responsibilities of state
agencies in managing the California Exposition flood plain or Bushy
Lake area pursuant to Chapter 9 (commencing with Section 5830).
(5) This chapter shall not be construed to
does not affect the exercise of existing water rights.
(c) Notwithstanding subdivision (a), the Legislature finds and
declares that Chapter 10, titled Area Plans, of the American River
Parkway Plan is recognized to be a locally adopted component of the
plan and will be maintained by, and may be amended by, the Sacramento
County Board of Supervisors.
SEC. 8. Section 5842.5 of the Public Resources Code is repealed.
5842.5. (a) Notwithstanding any other provision of law, the
American River Parkway Plan adopted by the Legislature pursuant to
Section 5842 shall be amended to permit in-line skating on the
American River Parkway on a trial basis until January 1, 2001, under
any terms and conditions that may be established by the Board of
Supervisors of the County of Sacramento and the City Council of the
City of Sacramento.
(b) The Sacramento County Department of Parks and Recreation shall
monitor the trial period for in-line skating in the parkway
authorized pursuant to subdivision (a) and shall report its findings
to the Board of Supervisors of the County of Sacramento and City
Council of the City of Sacramento prior to December 1, 2000.
(c) If the board of supervisors and the city council determine, on
or after December 1, 2000, that the trial period was successful,
in-line skating may be added to the list of permitted recreational
uses for the parkway on a permanent basis upon the approval of the
board of supervisors and the city council.
SEC. 9. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to receive time-sensitive funds to make timely
improvements to the American River Parkway and the surrounding areas,
it is necessary that the revisions to the American River Parkway
Plan go into effect immediately.