The Council hereby declares that:

A.

The preservation and enhancement of the environment in the City is the responsibility of every citizen in the City;

B.

All agencies of the City government which regulate private and public projects which may have an effect on the quality of the environment shall regulate such projects so that consideration is given to preventing environmental damages;

C.

An environmental impact report is an informational document which can inform the public decision-makers and the general public of the environmental effects of projects they propose to carry out or approve; and

D.

The early preparation of an environmental impact report is a useful planning tool to enable environmental constraints and opportunities to be considered before project plans are finalized.

(§ 5, Ord. 148)

Prior to the authorization, issuance, or approval of any lease, permit, license, variance, certificate, or tentative tract map, or the authorizing or granting of any other entitlement by the City, or the carrying out of any private project undertaken by the City alone or in conjunction with other public agencies, the provisions of any guidelines or procedures established by the Council for the evaluation of the environmental impact of projects, the preparation of environmental impact reports, and for making findings of exemption shall be met.

(§ 4, Ord. 148)

A.

In order to implement the requirements of the laws pertaining to environmental quality, authority must be delegated to the appropriate bodies, agencies, and individuals to make certain findings and determinations.

B.

There is hereby delegated to the General Services Director, Planning Director, Director of Public Services, Street Superintendent, Building Director, and Chief of Police, and their staffs, the authority to make findings of exemption from the requirements of the California Environmental Quality Act of 1970, as amended, and as set forth in Sections 21000 through 21174 of the Public Resources Code of the State and the "Guidelines for Implementation of the California Environmental Quality Act of 1970", as adopted and thereafter amended and filed by the California Resources Agency as Chapter 3 of Division 6 of Title 14 of the California Administrative Code, according to the criteria and procedures established by the Council for making such determinations for subjects within their jurisdiction as authorized by the provisions of this chapter.

C.

There is also hereby delegated to the Planning Director and his staff the authority for evaluating projects for their effect on the environment, the authority for making findings as to whether projects may have a significant effect on the environment, the authority to prepare negative declarations when justified, and the authority to prepare, or cause to be prepared, by consultants approved by the Council, environmental impact reports according to the criteria and procedures established by the Council for subjects within his jurisdiction as authorized by the provisions of this chapter.

D.

There is also hereby delegated to the Planning Commission the authority to conduct public hearings on environmental impact reports, both for projects which are within its jurisdiction to consider pursuant to the provisions of this Code and for projects which are within the jurisdiction of the Planning Director to approve or disapprove.

(§ 6, Ord. 148)

In order to implement the requirements of the City's Guidelines and Procedures for Evaluating the Environmental Impact of Projects, Preparation of Environmental Impact Reports, and Making Findings of Exemptions, adopted March 26, 1973, it is necessary that a standard form of agreement be adopted for the purpose of accomplishing the preparation of environmental impact reports by consultants selected by the City, and it is also necessary, in the interests of expediting the work to be performed, that authority be delegated to the Planning Director to execute such agreements.

(§ 2, Ord. 157)

The form of agreement entitled "Agreement for Preparation of Environmental Impact Report, 5-73", a full copy of which shall be and remain on file in the Department of Environmental Affairs, is hereby approved as the standard form to be used for obtaining the services of consultants.

(§ 3, Ord. 157)

There is hereby delegated to the Planning Director the authority to execute on behalf of the City the standard form of agreement approved by the provisions of Section 9-4.05 of this chapter. The agreement shall only be executed with consultants previously approved by the Council. The Planning Director shall use the following standards, in the order set forth, for the selection of consultants to prepare environmental impact reports on given projects:

A.

Consideration shall first be given as to whether any built-in bias or prejudicial influences could act upon the consultant by reason of the consultant's performing similar services for the same developer privately and at the same time as the proposed service or by reason of other connections with the developer which could act as a prejudicial influence on the consultant in favor of the developer.

B.

Consideration shall next be given as to whether there is a need on a specific project for the expertise held by one consultant which the other consultants do not possess.

C.

Consideration shall next be given to the availability of consultants to commence the work at the time requested and within the time limitations required.

D.

If the considerations set forth in subsections (a), (b), and (c) of this section disclose that more than one consultant is available, consultants shall be selected on a uniformly rotational basis.

(§ 4, Ord. 157)

If the developer is dissatisfied with the estimated cost submitted for the work to be performed under the agreement executed pursuant to the provisions of Section 9-4.06 of this chapter, the developer shall have the right to appeal such estimated cost directly to the Council in accordance with the appeal procedures set forth in the zoning provisions (see Chapter 1 of this title) prior to being required to deposit any money and prior to the execution of the contract.

(§ 5, Ord. 157)