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RESOLUTION NO. 93 -10 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH SUPPORTING REFORM OF LAWS <br />RELATING TO PUBLIC ENTITY LIABILITY. <br />WHEREAS, during the past five years, the City of Newport Beach <br />• has spent an annual average of almost $2,000,000 to pay judgments, <br />settlements, attorney's fees and litigation costs relating to <br />claims and lawsuits filed against the City of Newport Beach; and <br />WHEREAS, while municipal revenues are declining, public entity <br />tort liability costs and expenses have been steadily increasing <br />over the past five years; and <br />WHEREAS, the laws which establish public entity liability for <br />dangerous conditions of property were adopted more than thirty <br />years ago when local entities had the power to levy property taxes, <br />municipal revenues were steadily increasing, urban and suburban <br />infrastructure was relatively new, recreational use of public <br />property was limited, and society was much less litigious; and <br />WHEREAS, public entity tort reform is necessary in light of <br />increasing demand on public facilities and infrastructure, the <br />reduction of municipal revenues available to maintain existing <br />infrastructure, and the practical constraints on upsizing or <br />improving public facilities; and <br />WHEREAS, public entity tort liability law should be amended to <br />eliminate liability for the malicious acts of employees, injuries <br />caused by persons not using due care, and for injuries caused by <br />the design or configuration of public facilities subjected to heavy <br />recreational use during certain times of the year. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City <br />of Newport Beach as follows: <br />• 1. That the City Manager and City Attorney are hereby <br />authorized and directed to work towards reform of public entity <br />tort liability laws; <br />2. Efforts to reform public entity tort liability laws <br />should include the following: <br />1 <br />