An Industry citizens group is planning to file suit charging the city council with violating state open meeting laws in adopting an environmental impact report for a proposed National Football league stadium. The group claims says the council failed to give notice on a public hearing on Feb. 26 on the report’s final draft. -DB
Pasadena Star-News
May 30, 2009
By Brian Day
WALNUT – Community activists said Saturday they hope two lawsuits filed against Industry will halt plans for a proposed National Football League stadium near the interchange of the 57 and 60 freeways.
The activists formed two groups to file the lawsuits. One challenges an environmental report Industry adopted in February for the proposed 75,000-seat stadium. The other accuses the Industry City Council of violating state open-meeting laws when it adopted that report.
“We finally came to the realization that the only people who can help us were ourselves,” activist and Walnut resident Shiuh-Ming Ellis said. “If we could have 50 lawsuits out there, it would be great.”
The Citizens for Open Public Participation filed its suit on May 11. The suit accuses Industry of failing to publicize a public hearing on Feb. 26 regarding the final draft of environmental analysis, group member Grace Lim-Hays said.
The suit also alleges that Industry failed to make public documents available for review.
“COPP’s purpose is to enforce the people’s rights under the Brown Act,” she said, referring to the Ralph M. Brown Act, which governs how public meetings are to be conducted.
Industry city attorneys have said the case has no merit, because while there were public comments on the report at the Feb. 26 meeting, it was not a public hearing requiring public notice under state law.
“The public comment was posted more than 72 hours prior to the meeting, as usual, but it’s not a public hearing,” Industry Deputy City Attorney Amy Hoyt said.
In early April, the Citizens for Communities Preservation Inc. filed its suit against Industry challenging the environmental analysis and demanding a new report, said Lim-Hays, a Diamond Bar resident.
It is similar to a separate suit filed by the city of Walnut on March 25.
But activists said they did not believe the Walnut City Council would see the lawsuit through to the end, so they decided to file their own.
“Our lawsuit’s so simple,” Ellis said. “We just want a new, properly prepared EIR.”
The activists said they are dissatisfied with the report Industry approved, largely because it is modified from an analysis originally drawn up for a business park years back – not a major entertainment venue such as an NFL stadium.
They are worried about the traffic, crime and noise a stadium could bring.
“(We’re not asking) for any monetary compensation, because we truly believe that no amount of money can compensate for the loss of our community we’ll have to endure, including the quality of life of every one of the citizens in Walnut and other neighboring cities, too,” Ellis said.
Industry officials maintain the report is adequate.
“We did a Supplemental EIR, and we believe it fully complies with the (California Environmental Quality Act) requirements,” Hoyt said.
Industry has joined in a motion with the project developer Majestic Realty to have the activists’ lawsuit dismissed arguing it fails to name the city’s redevelopment agency as a party of interest.
Activists said they did not believe the motion would be granted.
And if it is, Walnut resident Brigid Bjerke said, the group will simply file again.
“We’re not giving up until the end,” she said.
Copyright 2009 Pasadena Star-News