HomeMy WebLinkAboutRESO 4623,. .
RESOLUTION NO. 4623
RESOLUTION OF 'l'HE COUNCIL OF THE CITY OF PALO ALTO
SUPPORTING ASSEMBLY BILL 2370 SUSPENDING THE RIGHT
OF ACTION AGAINST PUBLIC ENTITIES FOR MAINTENANCE
OR CREATION OF A PUBLIC NUISANCE FOR TWO YEARS PEND-
ING STUDY BY THE CALIFORNIA LAW REVISION COMMISSION
WHEREAS, in the recent case of Nestle v. City of Santa Monica,
the California Supreme Court held that public entities cou_ld be
held liable for cr.~ation or maintenance of a public nuisance;
and
WHEREAS, this ruling is a complete reversal of what had been
the law in California; and
WHEREAS, this ruling may have a drastic effect upon all
public entities in the· State; and
WHEREAS, adequate time to study the opinion of the court
and to recommend appropriate legislation is essential to protect
the public peace, heal th, safety, and general welfare of the
citizens of this community and of the State generally; and
WHEREAS, Assembly Bill 2370 has been introduced in the
California Legislature, which would suspend the right of the
citizens to file suits against public entities for the creation
or maintenance of a public nuisance for a period of two years
pending a study by the ~alifornia Law Revision Commission; and
WHEREAS, no ~itizens' rights will be eliminated by this
bill, but merely suspended to allow study, clarification, and
creation of orderly procedures; and
WHEREAS, this type of suspension has been used in previous
situations wherein basic changes in the law regarding the liability
of public entities have occurred, with the result that citizens of
this community and the State and public entities affected have
been benefited;
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NOW; THEREFORE, the Council Of the City of Palo Alto does
RESOLVE aa follows:
SECTION 1. The Council indicates its full support for a
suspension of actions against public entities alleging the creation
or maintenance of a public nuisance for a period of two years,
pending completion of a study by th:!! California Law Revision
commission. The Council urqea the passage of Assembly Bill 2370
and its enactment into the laws of California.
-SECTION 2. The City Clerk is authorized and directed to
send copies of this resolution to Assemblyman Knox, author of
the bill, Assemblyman Warren, Chairman of the Assembly Committee
on the Judiciary, and Assemblyman McAlister, Vice Chairman of
the Assembly Committee on the Judiciary, and Assemblymen Vasconcellos
and Hayden.
INTRODUCED AND PASSED: July 10, 1972
AYES: UNANIMOUS
NOES: NONE
ABSENT: NONE
ATTEST: APPROVED:
~.~
city cleJ ..
~~
Mayor
APPROVED AS TO FORM,:
~fl~~
Sr. Asst. City Attorney ce :
APPROVED:
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