Citizens claim the Industry City Council broke the Brown Act when they approved an environmental report on a proposed National Football League stadium. The city attorney said that for environmental reports the law does not require public hearings. –DB
San Gabriel Valley Tribune
May 21, 2009
By Amanda Baumfeld
INDUSTRY, Calif. – A citizen’s group believes the City Council violated the state’s public meeting laws when it approved a supplemental environmental report on a proposed NFL stadium.
The council at a Feb. 26 meeting approved the environmental report of 600 acres of land near the intersection of the 57 and 60 freeways. Billionaire developer Ed Roski Jr., who owns Majestic Realty, has plans to build an $800 million stadium on the land.
“We want the problem cured,” said Cleve Robert Ferguson, an attorney representing the citizen’s group. “They (the city) had a public hearing, but they didn’t tell anyone about it.”
The Concerned Citizens of Diamond Bar and Walnut said Industry violated the Brown Act because it failed to give proper notice about a public hearing on the item, according to a notice to cure lawsuit filed May 11.
The Ralph M. Brown Act is a series of laws that govern how public meetings must be conducted.
Industry attorney Don Davis said the claim is “meritless” and “frivolous.”
“They (the citizen’s group) are confusing public comment and public hearing,” Davis said. “There was nothing improper; it makes no sense that they are even pursuing it.”
A public hearing was never held but the council heard public comments, according to Davis.
The approval of the environmental report is handled under California Environmental Quality Act regulations and there is no public hearing required, Davis said.
Two other items were on the agenda that day that required public hearings, including a land-use change.
The agenda for the meeting was posted about five days before the meeting, Davis said. The Brown Act requires at least a 72-hour notice of public meetings.
“The world was on notice,” Davis said. “Everybody knew it was on the agenda.”
Copyright 2009 Los Angeles Newspaper group