HomeMy WebLinkAboutRES 99-64RESOLUTION NO. 99- 64
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
PROPOSING THE CHANGE IN STATE OF CALIFORNIA STATUTES AND CODES
TO REQUIRE THAT ALL CALIFORNIA ENVIRONMENTAL QUALITY
ACT REQUIRED ENVIRONMENT DOCUMENTS AND REPORTS, WHICH MAKE
DETERMINATIONS OR DECLARATIONS, SHALL BE REQUIRED TO HAVE A
PUBLIC HEARING, WITH NOTICE PUBLISHED, POSTED AND MAILED
Whereas, current State statutes and administrative regulations do not require a lead
agency, e.g., the State of California, to conduct public hearings for projects that the lead
agency has determined to require only a negative declaration or a mitigated negative
declaration, pursuant to the California Environmental Quality Act (CEQA); and
Whereas, current State statutes and administrative regulations only require one method of
giving public notice (publication, posting or mailing), related to the circulation of CEQA
documents making declarations and/or determinations to property owners or occupants of
property impacted by the proposed project; and
Whereas, when a lead agency determines a project only requires a negative declaration or
mitigated negative declaration and because there is no requirement to conduct a public
hearing or give extensive actual notice, persons who object to the selected environmental
process are left with litigation as the only reasonable way to express objections to the
environmental process or the projects impacts; and
Whereas, in order to assure complete disclosure and analysis of the environmental
impacts of projects promulgated by extraterritorial public agencies (State, school, county,
special district or city), which impact the residents of areas both inside and outside of the
jurisdictional boundaries of the lead agency of the proposed project; and
Whereas, the recent forensic patient expansion projects at Metropolitan Hospital and
Lanterman Developmental Center are unfortunate examples of a lead agency (the State of
California) utilizing the absolute minimum in the way of public notice of the existence of
the projects and related environmental processes, as well as, the opportunity for residents
impacted by the projects to express their concerns and objections to the projects; and
Whereas, requiring public hearings and comprehensive public notice (publishing, posting
and mailing) for all projects requiring any CEQA declaration or determination will assure
the full and complete participation of those persons impacted by such projects.
99-64
NOW THEREFORE, the City Council of the City of Diamond Bar does hereby resolve
and propose the change in State of California statutes and codes to require that all
California Environmental Quality Act required environmental documents and reports,
which make determinations or declarations, shall be required to have public hearings,
with notice published, posted and mailed.
BE IT HEREBY FURTHER RESOLVED that the City Council of the City of Diamond
Bar directs that this resolution be transmitted to the League of California Cities for
consideration at the Annual Conference, at San Jose, California, in October, 1999.
PASSED, APPROVED AND ADOPTED this 20th day of July , 1999.
Mayor
I, LYNDA BURGESS, City Clerk of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of
the City of Diamond Bar held on the 2 o th day of Ju lvly , 1999, by the
following vote:
AYES: COUNCILMEMBERS: Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Lynda Burgess
City Clerk
99-64