BILL NUMBER: AB 889 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 17, 2009
PASSED THE ASSEMBLY AUGUST 27, 2009
AMENDED IN SENATE JUNE 26, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
INTRODUCED BY Assembly Member Jones
(Coauthors: Assembly Members Gaines, Huber, and Niello)
(Coauthor: Senator Harman)
FEBRUARY 26, 2009
An act to amend Sections 5832, 5833, 5834, 5841, 5841.5, and 5842
of, 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, 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 also would 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 Sacramento County General Plan. The bill additionally
would require the California Exposition and State Fair Board of
Directors to manage, or provide, pursuant to an agreement with the
American River Parkway Manager, for the management of, the Bushy Lake
area in accordance with land use designations and policies of the
American River Parkway Plan.
(3) The Bushy Lake Preservation Act authorizes the California
Exposition and State Fair Board of Directors to permit parking only
during the State Fair and only on specified land.
This bill would further specify that the land is on approximately
11 unsurfaced acres, and would authorize parking on that land for
specified additional purposes so long as the total number of parking
days does not exceed 34 days per year. The bill would require one
acre of the specified land to be open to parkway users for public
access if certain conditions are met.
(4) 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.
(5) 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.
(6) This bill would declare that it is to take effect immediately
as an urgency statute.
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 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 29-mile open-space greenbelt in the lower American
River flood plain.
(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. (a) 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 Section 5019.53 and
consistent with the American River Parkway Plan, an element of the
Sacramento County General Plan. Notwithstanding the foregoing, the
parking of public and private vehicles may be permitted 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, on approximately 11
unsurfaced acres 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.
(b) The California Exposition and State Fair also may utilize the
area referenced in subdivision (a) for California Exposition
exhibitor parking related to agricultural and equestrian events
taking place on the California Exposition land in a livestock
pavilion, an equestrian arena, or both, if the livestock pavilion and
equestrian arena are sited as they were sited on April 1, 2009. The
total number of days that parking may be permitted under this
subdivision and subdivision (a) shall not exceed 34 days per year.
(c) In addition to the parking permitted by subdivisions (a) and
(b), one acre of the existing unsurfaced 11-acre parking area shall
be open to parkway users for public access to include equestrian
staging, connection to trails, and a new walk-in boat access point,
only if the California Exposition's exclusive use for parking on the
entire 11 unsurfaced acres during the State Fair as authorized in
subdivision (a) and for exhibitor parking related to agricultural and
equestrian events taking place at the California Exposition
livestock pavilion and equestrian arena, as authorized by subdivision
(b), is not impeded.
(d) The coordination and management of public parkway user access
and parking and the California Exposition's periodic exclusive use of
the unsurfaced 11-acre area for a period that shall not exceed 34
days per year, as specified in subdivisions (b) and (c), shall be
addressed in a management agreement between the American River
Parkway Manager and the California Exposition and State Fair. The
management agreement shall be consistent with this section.
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 American River Parkway Manager, for the management of, the Bushy
Lake area in accordance with Section 5019.71 and the land use
designations and policies of the American River Parkway Plan.
SEC. 4. 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 September 10, 2008, by Resolution No.
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. 5. 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 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. 6. 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 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 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 does not prohibit the reasonable expansion of the
water treatment facility operated by the City of Sacramento.
(4) This chapter 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 does not affect the exercise of existing water
rights.
(c) Notwithstanding subdivision (a), the Legislature finds and
declares that Chapter 10 of the American River Parkway Plan, titled
Area Plans, which consists of maps, policies, and narrative, may be
amended through a local amendment process. However, Area Plans may be
amended only to the extent that they are not inconsistent with the
state-adopted Area Plan policies contained in Chapter 2 of the
American River Parkway Plan. The Legislature recognizes that
amendments to Area Plans shall be carried out by the board of
Sacramento County Board of Supervisors in accordance with the public
hearing process described in Chapter 11 of the American River Parkway
Plan, titled Implementation, and recognizes the roles and
responsibilities of public agencies set forth in the public hearing
process including coordination with the city councils of the Cities
of Sacramento and Rancho Cordova.
SEC. 7. Section 5842.5 of the Public Resources Code is repealed.
SEC. 8. 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 ensure consistency between the Sacramento County
General Plan and state law, and 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.