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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. ..... oo000oo ..... Page 1 of 2 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 Page 2 of 2