HomeMy WebLinkAbout93-10 - Public Entity Liability LawsRESOLUTION NO. 93 -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH SUPPORTING REFORM OF LAWS
RELATING TO PUBLIC ENTITY LIABILITY.
WHEREAS, during the past five years, the City of Newport Beach
• has spent an annual average of almost $2,000,000 to pay judgments,
settlements, attorney's fees and litigation costs relating to
claims and lawsuits filed against the City of Newport Beach; and
WHEREAS, while municipal revenues are declining, public entity
tort liability costs and expenses have been steadily increasing
over the past five years; and
WHEREAS, the laws which establish public entity liability for
dangerous conditions of property were adopted more than thirty
years ago when local entities had the power to levy property taxes,
municipal revenues were steadily increasing, urban and suburban
infrastructure was relatively new, recreational use of public
property was limited, and society was much less litigious; and
WHEREAS, public entity tort reform is necessary in light of
increasing demand on public facilities and infrastructure, the
reduction of municipal revenues available to maintain existing
infrastructure, and the practical constraints on upsizing or
improving public facilities; and
WHEREAS, public entity tort liability law should be amended to
eliminate liability for the malicious acts of employees, injuries
caused by persons not using due care, and for injuries caused by
the design or configuration of public facilities subjected to heavy
recreational use during certain times of the year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Newport Beach as follows:
• 1. That the City Manager and City Attorney are hereby
authorized and directed to work towards reform of public entity
tort liability laws;
2. Efforts to reform public entity tort liability laws
should include the following:
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(a) the development of a legislative package that
contains reforms based upon sound policy and which
does not jeopardize public safety;
(b) development of a legislative package that
represents the collective wisdom and input of
attorneys that specialize in the defense of public
entities;
(c) the development of a coalition of interested
groups, including the League of California Cities
and CSAC that will actively and aggressively
support the proposed reforms;
(d) direct communication with legislators relative to
the proposed reforms and the underlying policy
considerations; and
(e) the preparation of a state -wide initiative that
would enact the reforms in the event of legislative
inaction.
3. The City Attorney is hereby directed to develop a
detailed action plan which shall be submitted to the Legislation
and Legal Ethics Committee for review and comment. The City
Attorney shall periodically advise the Council on the progress of
tort reform.
4. The City Clerk is hereby directed to transmit this
resolution to the Orange County Division of the League of
California Cities, and to such other public entities and
associations as may be appropriate.
ADOPTED, this 22nd day of February , 1993.
ATTEST:
City Clerk
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