BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 889 HEARING DATE: June 9, 2009
AUTHOR: Jones URGENCY: Yes
VERSION: April 23, 2009 CONSULTANT: Marie Liu
DUAL REFERRAL: Governmental OrganizationFISCAL: Yes
SUBJECT: Open-space preservation: Bushy Lake and Urban American
River Parkway.
BACKGROUND AND EXISTING LAW
The American River Parkway is a 29-mile open space greenbelt
that extends from Folsom Dam to the confluence of the American
River with the Sacramento River. A plan to protect the parkway
as an open space greenbelt was first conceived in 1962 and most
recently updated in 1985. The regulatory document aims to
preserve the recreational and open-space functions of the river,
including fishing, hiking, bicycling, and other activities. It
requires local and state agencies' land use decisions to be
consistent with the act, with narrow exceptions for flood
channel operations, operations at the state fairgrounds, and
expansion of a water treatment plant and a sanitary landfill.
The American River Parkway includes a portion of the California
Exposition flood plain including the Bushy Lake Area. Under the
Bushy Lake Preservation Act (commencing with Section 5830), the
flood plain must be preserved by the Exposition and State Fair
Board of Directors in a manner similar to state parks except for
an area that may be used for State Fair parking. The Bushy Lake
area must be managed in a manner consistent with state natural
preserve areas except for a small area that may be open for
group picnics.
PROPOSED LAW
This bill would codify the latest revision of the American River
Parkway Plan. Specifically, this bill would:
Allow for up to 34 days of parking on a section of the
California Exposition flood plain for vehicles related to
agricultural and equestrian events taking place at Cal Expo.
Allow for an acre of the Cal Expo parking area to be open to
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parkway users except when the area is being used for the State
Fair or agricultural and equestrian events.
Require that the Bushy Lake area be managed in a manner
consistent with the American River Parkway as well the state
natural preserve areas.
Adds recognition of the City of Rancho Cordova (which has
incorporated since the 1985 plan update).
Allow for the plan to be amended by a local amendment process
without Legislative approval if so long as the amendment is
consistent with the existing goals and policies of the plan.
Delete outdated language regarding in-line skating on the
parkway.
This bill contains an urgency clause.
ARGUMENTS IN SUPPORT
The author states, "The County of Sacramento, the Cities of
Sacramento and Rancho Cordova, and numerous stakeholders from
across the region have been working to update the 1985 Parkway
Plan since 2002. The updated plan was created thru extensive
discussion and is the result [of] true collaboration amongst the
various stakeholders. The plan seeks to provide greater access
to the parkway while ensuring the preservation of this unique
cultural and historical treasure for generations to come."
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Should all future amendments to the plan need legislative
approval to be approved?
In 1984, the Legislature passed the Urban American River Parkway
Preservation Act (commencing with 5840) to codify the parkway
plan to ensure that actions of the state and local agencies on
this stretch of the river would be consistent. However, by
codifying the plan, any subsequent changes to the plan now
requires Legislative approval. This bill would allow the plan to
be amended through a local public process without Legislative
approval. The public process must include coordination between
all involved public agencies, including the City of Sacramento
and Rancho Cordova. Major amendments that are inconsistent with
the plan would continue to need Legislative approval.
What changed in the plan update? The plan update includes:
Incorporation of federal, state, and local regulatory
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requirements for flood control and water quality,
Design recommendations for additional vehicular or
bike-pedestrian bridges,
A trial inclusion of mountain biking in select areas of the
parkway, and
Proposals for areas to establish interpretive facilities
including Discovery Park, Cal Expo, and River Bend Park.
SUPPORT
County of Sacramento (Sponsor)
American River Parkway Volunteer Equestrian Trail Patrol
California Exposition and State Fair
City of Rancho Cordova
City of Sacramento
Sacramento Area Bicycle
Sacramento Area Bicycle Advocates
Save the American River Association
Sunriver Neighborhood Association
OPPOSITION
None Received
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