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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: 1 • (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 i kr \pubtort.res 2