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HomeMy WebLinkAboutRES 2002-46RESOLUTION NO. 2002 - 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REAFFIRMING ITS COMMITMENT TO REMAIN VIGILANT IN MONITORING THE ACTIVITIES OF THE STATE OF CALIFORNIA REGARDING THE PLACEMENT OF SEVERE BEHAVIORAL CLIENTS AT LANTERMAN DEVELOPMENTAL CENTER AND OPPOSING THE ESTABLISHMENT OF ANY FORENSIC TREATMENT PROGRAM AT LANTERMAN DEVELOPMENTAL CENTER WHEREAS, in January 1999 the State of California circulated, and in February 1999 approved, a Mitigated Negative Declaration related to a proposal to place 75 forensic clients and 53 severe behavioral clients and expansion of the Lanterman Developmental Center (LDC); and, WHEREAS, the Cities of Diamond Bar, Walnut and Pomona subsequently engaged in litigation with the State over the placement of a forensic and severe behavioral facility and program and secure treatment compound at LDC; and, ' WHEREAS, the legal and political effort resulted in the State rescinding its approval of the Mitigated Negative Declaration and the proposed forensic client and security project at LDC; and WHEREAS, on October 12, 2000 the State Department of Developmental Services (DDS) and the Cities of Diamond Bar, Walnut and Pomona signed the "Lanterman Expansion Statement of Principle and Commitment" (Statement) setting forth agreed principles of understanding regarding the proposed introduction of up to 128 severe behavioral individuals to LDC; and, WHEREAS, the Statement calls for the reduction of the overall number of available beds to serve clients at LDC, requires a security plan prior to the placement of any severe behavioral client at LDC, requires a phase-in plan for the transfer of severe behavioral clients from other facilities, outlines that after treatment individuals will be placed within the community they resided in prior to placement at LDC, and establishes the creation of a 16 -member Community Advisory Committee to review implementation of the Statement; and, WHEREAS, the severe behavioral program will be introduced at LDC following State completion of proper environmental documentation and State approval and completion of construction of proposed security enhancements and other physical modifications to accommodate the severe behavioral clients; and, WHEREAS, the City Council has concluded the activities of the citizen task force, established in March 1999, to advise the Council on the development and implementation of a plan of action to oppose the proposed forensic and severe behavioral project and, thereafter, has created the current Lanterman Monitoring Committee, comprised of two Council members and twelve additional members appointed by the City Council, to monitor the implementation of the Statement; and, WHEREAS, the State Budget Act of 2000 (AB 1740) and the State Budget Act, of 2001 (AB 95) have each contained language which provides that only severe behavioral individuals with a community grade risk of 1 A or 1 B will be admitted to, or housed at, LDC. The Budget language has provided further that no severe behavioral individual will be admitted to LDC who has been accused of, or charged with, the commission of a violent felony and that forensic individuals will not be permitted at LDC; and, WHEREAS, the State Legislature has removed proposed funding for the severe behavioral program at LDC from the State Budget Act of 2002 (AB 1777). Implementation of the proposed program cannot be accomplished without an appropriation of funds from the State. NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: 1. The City Council of the City of Diamond Bar does hereby reaffirm its commitment to remain vigilant in monitoring the activities of the State regarding the placement of severe behavioral clients at LDC. 2. The City Council of the City of Diamond Bar does hereby reaffirm its opposition to the establishment of any forensic treatment facilities or programs at LDC and will monitor the movement of forensic patients, as appropriate, within State treatment facilities. 3. The City Council of the City of Diamond Bar will continue to work with the Lanterman Monitoring Committee and the State Community Advisory Committee to monitor the activities at LDC for compliance with the terms of the Statement; and will continue to participate in the discussions regarding the long-range future of developmental services at LDC. 4. The City Council will continue to work with State Legislators to ensure the placement of appropriate language within State Budget Acts in compliance with the Statement; and to monitor and respond to proposed legislation regarding the treatment and placement of severe behavioral and forensic clients. 5. The City Council will continue to proactively inform residents of the community with periodic notices, updates and announcements regarding the proposed project status and activities of the City toward implementation of this Resolution. PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar, California, this18t1day of June , 2002. Wen P. Chang, Ma 5---',, I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of June , 2002, by the following vote: AYES: Council Members: Herrera, Huff, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang NOES: Council Members: None ABSENT: Council Members: None ABSTAINED: Council Members: None ATTEST: L da Burgess,City dierk 2002-46