CC RES 1994-015RESOLUTION NO. 94 -15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES REQUESTING LAND MOVEMENT
LEGISLATION LIMITING THE FINANCIAL RECOVERY
AVAILABLE FOR GEOLOGIC INCIDENTS
WHEREAS, cities and counties have a duty to issue
building permits and tract approvals unless well documented
evidence can be produced to deny them; and
WHEREAS, cities and counties issue these building permits
based upon a diligent review of the facts, including eolo is
conditions; and
g g
WHEREAS, cities and counties realize their responsibility
to protect the public health, safety and welfare, yet they are not
gifted with the ability of near - divine guidance necessary to issue
a 11100% sure" building permit or subdivision approval; and
WHEREAS, cities and counties make the decision to issue
building permits based upon the best geological information
available at the time, yet in retrospect they are held to a
standard that requires such near - divine guidance; and
WHEREAS, despite the good efforts to employ the best
practices available, cities and counties have become the target of
suits resulting from permits issued in areas where land movement
has occurred; and
WHEREAS, lawsuits totaling in the hundreds of millions of
dollars have been filed against cities and counties because land
movement has occurred; and
WHEREAS, these lawsuits have siphoned off scarce funds
from city and county coffers and has resulted in reduction of
services to the public at large; and
WHEREAS, the landowner /permittee is essentially "insured"
by the public entity against any untoward geologic or soils event
by virtue of their almost certain ability to recover in a lawsuit
while the public entity cannot share in the profits if the endeavor
is successful; and
WHEREAS, liability insurance for land movement is not
available to cities or counties thus leaving them completely
P Y
exposed to the whims of a jury consoling a bereft plaintiff;
NOW, THEREFORE, the City Council of the City of Rancho Palos
Verdes does find, determine, and resolve as follows:
Section 1: That the California Contract Cities Association
place in their bill package for the 1995 -96 Legislative Session a
support position for legislation which will severely limit the
financial recovery available for geologic incidents and statutorily
protect the validity of Geologic /Soils Hold Harmless Agreements,
PASSED, APPROVED and ADOPTED, April 5, 1994.
T
MAYOR
ATTEST:
CNY LERK
State of California )
County of Los Angeles ) SS
City of Rancho Palos Verdes)
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No, 94-15, was duly and
regularly passed and adopted by the said City Council at a regular
meeting thereof held on April 5, 19940 ,-N .4 „ zol
A:landmovement con. cities resol.
CITY CLERK
RESOL. NO. 94 -15