R 3788
RESOLUTION NO. 3788
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE SUPPORTING
LEGISLATION AMENDING THE AMERICANS WITH
DISABILITIES ACT TO REQUIRE NOTICE PRIOR
TO FILING LEGAL ACTION
WHEREAS, the Americans with Disabilities Act gives civil rights protection to individuals
with disabilities similar to those provided to individuals on the basis of race, color, sex,
national origin, age, and religion; and
WHEREAS, the Americans with Disabilities Act guarantees equal opportunity for
individuals with disabilities in public accommodations, employment, transportation, state
and local government services, and telecommunications; and
WHEREAS, the City of Arroyo Grande supports the goals of this landmark civil rights
law and the original intent of the Americans with Disabilities Act because it provides
equal access opportunities for all Americans; and
WHEREAS, since the enactment of the Americans with Disabilities Act, abuses have
occurred against property owners by those seeking to wage economic retribution upon
property owners using the guise of a well-intentioned civil rights law; and
WHEREAS, legislation has been introduced by California State Assemblyman Tim
Leslie (AB 2594) and by U.S. Congressman Mark Foley (H.R. 728) that would amend
the Americans with Disabilities Act to require, as a precondition to commencing a civil
action with respect to a place of public accommodation or commercial facility, that an
opportunity be provided to correct alleged violations.
NOW, THEREFORE, BE IT RESOLVED that the City Council supports the adoption of
legislation that would require notice prior to filing legal action for violations of the
Americans with Disabilities Act since it would curtail abusive practices by providing a
due process provision for property owners so that they may be in full compliance with
the Act.
BE IT FURTHER RESOLVED that upon passage, the Director of Administrative
Services shall deliver this Resolution to the League of California Cities, Central Coast
Cities, the Governor's office, and to the California and Federal Legislative Delegation.
On motion by Council Member Costello, seconded by Council Member Runels, and by
the following roll call vote to wit:
AYES: Council Members Costello, Runels, Dickens, Lubin and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of October, 2004.
"~_.__.._. .....-----.-- -~--~_._".
RESOLUTION NO. 3788
PAGE 2
.
TONY~
IIvIJ)~
ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~~~
S~VEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
~ ~~ CITY ATTORNEY
-.--~- ----_.~-.-~._-"_....._...,-_._-,_._-
RESOLUTION NO. 3788
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that Resolution No. 3788 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council of the City of Arroyo Grande on the 26th day of October, 2004.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th
day of October, 2004.
it, l I if{~~
OR , DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
-~---_._--_..-