HomeMy WebLinkAboutRESO 6602RESOLUTION NO. 6602
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
IN SUPPORT Of AB 2450 (SHER} AMENDING THE
MCATEER-PETRIS ACT TO ADD CIVIL PENALTIES
FOR VIOLATING THE LAW ADMINISTERED SY THE
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
WHEREAS, under existing law a violation of the provisions of the McAteer-
Petris Act, the BCDC law, or a permit issued thereunder .~y lead to criminal
misdemeanor prosecution, which has not proven to be sufficient deterr~nt to
violation~, is too drastic for many of the relatively minor infractions, and
places the cost of enforcei•ler.t unfairly upon local governm~nt; and
WHEREAS, approximately 60 percent of major permits BCDC has issued since
!965 involve violations, an unnecessarily large number, requiring considerable
expenditures of public funds for enforcement; and
WHEREAS, it is in the public interest to ensure maximum canpliance with
the McAteer-Petri s Act and the San Frctnci sco Bay Pl an to protect San Francisco
Bay arid assure sound development along fts shores; and
WHEREAS~ under existing law a dev~foper nay apply directly for a Commis-
sion permit if a local gover11ment does not approve a project within 90 days of
the submittal of a local government permit app1 ication, ~flich is contrary to
the talifornia Environmental Quality Act and not within the interests of local
govarnments, because they have both broader and rore specific planning respon-
sibilities and should have an opportunity to review crnd approve the project
before it is considered by the <Dmmission, a single pirpase regional agency;
and
WHEREAS, Assemblyman Byron Sher has introduced AB 2450 that will amend the
McAteer-Petris Act to add civil penalties against violations, which is similar
to provisions in other state environmental laws. ~nd to delete the ability of
applicants to circumvent prior local government cons~deration of ~.oje~~s;
NOW THEREFORE BE IT RESOLVED. that thf! Council of the City of Palo Alto
supports AB 2450 1 n improving the McAteer-Petri s Act and the appropriate
regulation of San Francisco Bay; and
BE 1T FURTHER RESOLVED. that ccpies of this resolution be forwarded to
Assemblyman Sher, the San Francisco Bay Conservation and Development Commis-
sion, and to the Legislature.
INTRODUCED AND PASSED: April 13, 1987
AYES: Bechtel, Cobb, Fletcher, Klein, Patitucci, Renzel, Sutorius, Wool1ey
NOES: None
ABSTENTIONS: Not~
ABSENT Levy
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APPROVED AS TO FORM: ~~~