HomeMy WebLinkAboutReso 1967-4444RESOLUTION N0. 4444
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OPPOSING ASSEMBLY BILL N0.2410 IMPOSING LIABILITY FOR
DAMAGE BY MOBS OR RIOTS UPON PUBLIC ENTITIES
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, Assembly Bill No. 2410 would impose liability for damage
to paoperty by mobs or riots upon cities and counties, without regard to the
question of whether reasonable diligence was exercised by such public entities
or whether there was a failure to enforce the law, and is in direct opposition
to the provisions of the Government Code relieving public entities from such
liability, and
WHEREAS, Assembly Bill No. 2410 would not only impose an onerous
burden upon the cities and counties, but is so vague and uncertain that it
would create impossible legal entanglements and engender totally unnecessary
lawsuits, and
WHEREAS, the existing statutory provisions regarding sovereign immunity
are extremely difficult to apply and it is incumbent upon the Legislature to
clarify these existing provisions, and
WHEREAS, the proposed amendment would further complicate and confuse
the entire question of sovereign immunity and is hastily drawn and lacks any
consideration for the many ramifications that could arise, and
WHEREAS, if Assembly Bill No. 2410 is intended to serve as a spur to
local law enforcement agencies in the prevention of mob and riot action, it
entirely misses the mark, inasmuch as local law enforcement agencies have dealt
effectively with racial disturbances within the limits of their capabilities, and
WHEREAS, the proposed amendment could, in fact, be an open invitation
or incitement to riot, and irresponsible civil rights groups or outright criminal
elements would seek to cripple the effectiveness of local government by encourag-
ing damage claims against public entities for wanton, wilful acts of destruction
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby strongly urge the defeat of Assembly Bill No. 2410, by
both the Assembly and Senate of the California State Legislature.
-1-
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula
Vista be, and he is hereby directed to forward certified copies of this resolution
to each member of the Legislative delegation of the County of San Diego.
Presented by ~_~
~_ --
._._ ~ .,
,. ~~
Fred A. Ross, Chief Administrative Officer
Approved as to form by
George D. ndberg, City Attorney
-2-
ADOPTED AP?D APPROVED by the CITY COLS?CIL of the CITY OF CPtTLA VSTA
CALIFOR..NIA, this 20th day of June , 19 67 , by the follocein~ vote,
to-wit:
AYES: Councilmen _Sylvester, Anderson, Sparling, McAllister
T?AYES: Councilmen None
ABSENT: Councilmen McCorquodale
Mayor/ of the ity or Chin V~.~ta
pro tem
ATTEST `-'~~ -~:c_c.~,~ _.{__ ~~ ~-~ct~~~. ~ ..
City Clerk
STATE OF CALIFORNIA )
COUPdTY OF SAP; DIEGO ) ss .
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, Cali;o~nia,
DO HEREBY CEPTIFY that the above and foregoing is a full, true and corre.~r. con t- ~~i
and that the same has not been amended
or r2oealed.
DATED ;
City Clerk