HomeMy WebLinkAboutRES NO 75-99.eSO.UT,ON NO. ? 5 ' 9 9
A RESOLUTION SUPPORTING SENATE BILL 1165
REGARDING EXPEDITED JUDICIAL REVIEW.
WHEREAS, existing law provides for judicial review of decisions by public agencies
regarding the issuance, revocation, suspension, and denial of business permits; and
WHEREAS, existing law does not prowde an expedited judicial review procedure
of decisions by public agencies regarding the issuance, revocation, suspension, and
denial of business permits or other entitlement for expressive conduct protected by the
First Amendment to the United States Constitution; and
WHEREAS, in view of the holding in Baby Tam & Co. v. City of Las Vegas (1998)
154 F.2d 1097, there must be an expedited judicial review of a public agency's issuance,
revocation, suspension, or denial of permits or other entitlemerits for expressive conduct
protected by the First Amendment to the United States Constitution; and
WHEREAS, Senate Bill 1165, in its current form, establishes such an expedited
judicial review procedure through the California Code of Civil Procedure; and
WHEREAS, the Bakersfield City Council desires to protect the rights conferred by
the United States Constitution to businesses in a manner that ensures the continued and
orderly development of property within the City.
NOW THEREFORE, INCORPORATING THE ABOVE RECITALS HEREIN, BE IT
RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS:
1. That the Bakersfield City Council strongly supports Senate Bill 1165 in its
current form and urges its immediate passage by the California Legislature and Governor.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on JUN ]. 6 1999 , by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED JU~I ~. $
CITY CLERK and Ex Offic~C erk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
BART J;THIL,.T~N
City Attorney
BJT:VG:cj
S :\COUNCIL~Resos~,B1165. res .wpd
-- June 2, 1999
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