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RESOLUTION NO. 75-15
RESOLUTION REQUESTING THE LEAGUE OF CALIFORNIA
CITIES TO FORMULATE AND PRESENT LEGISLATION
CURTAILING CERTAIN ENVIRONMENTAL SUITS
WHEREAS, the California State Legislature, in the Cali-
6 fornia Environmental Quality Act, has recognized the existence
7 of dangers to the environment and sought to protect the
8 environment from spoilage; and
9 WHEREAS, the benefits to the majority from the com-
10 pletion of public works projects consists of improved water
11 quality, increased water supply for expansion of agriculture
19, to areas previously unproductive, thus compensating for
18 the urbanization of large areas formerly agricultural;
14 provision of flood control to prevent loss of life and property,
16 and the construction of essential sources of energy supply
16 to help meet the critical, requirements of Californians in
17 the future; and
18 WHEREAS, a numerically small but vociferous minority
19 seeks to hinder and delay almost every public project of
90 any magnitude for environmental reasons which, in many cases,
91 pale into insignificance in relation to the above benefits
9,9, to the citizenry; and
9,8 WHEREAS, with increasing inflation, the cost of public
~4 projects soars in direct proportion to the amount of delay
96 generated by excessive environmental litigation;
96 BE IT THEREFORE RESOLVED that the Council of the City
9.7 of Ukiah urges its legislative spokesman, the League of
~8 California Cities, to endeavor to devise and present to the
~9 California State Legislature a program of legislation
80 designed to prevent or minimize the impact on necessary
81 public works programs of tactics designed to deliberately
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delay the prompt resolution of environmental suits. Such
possible remedies as priority on trial calendars, summary
judgment procedures, the awarding of judgment for attorneys'
fees against unsuccessful environmental plaintiffs, and the
requirement of bonds to be posted by an environmental
plaintiff to compensate successful defendants for damages
incurred as a result of rising costs, should all be con-
sidered along with any other procedures to prevent such
abuses.
PASSED AND ADOPTED this 7th day of August
, 1974.
Mayor
ATTEST:
City Clerk