HomeMy WebLinkAbout1985-04-16; City Council; 8139; SB 433 Support Public Liabilityz
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CITt;1)f CARLSBAD -AGEND~ILL
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SB 433 -SUPPORT PUBLIC LIABILITY
DEPT._,C::.:..:M __ _
CITY ATTY\) el3
CITY MGR.~
RECOMMENDED ACTION:
Council support $B 433, which stipulates that the provision of services, or the
making of improvements on unimproved public property does not cause the City to
lose its immunity if the primary cau.-;e of an injury was a natural condition.
ITEM EXPLANATION
Senator Bergeson has introduced legislation to amend Section 831.2 of the
Government Code, relating to public liability for coastal cities for claims
arising from waterfront areas. State law prov ides that a cl ty or other public
entity is immune from liability for injuries caused by the natural condition of
unimproved public property. However, when a city provides lifeguard services, a
non-natural condition is created, and a city can be liable for negligent
lifeguarding or failure to post appropriate warning signs. Many claims
(primarily by poep le who have dived :into shallow water) are p~ndip.g agsdnJ> t a
number of cities. SB 43J provides that the provlsion of services, or the making
of improvemencs on unimproved public proper~y does not cause the oity to lose
its immunity, if the primary cause of an injury was a natural condition,
EXHIBITS
1. Senate Bill 433, dated February 14, 1985
2. Resolution No, 7'jg~
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SENATE BILL No. 433
Introduced by Senator Bergeson
February 14, 1985
An act to amend Section 831.2 of the Government Code,
relating to public liability.
LEGISLATIVE COUNSEL'S DIGEST
SB 433, as introduced> Bergeson. Public liability.
Existing law provides that neither a public entity nor a
public employee is liable for an injury caused by a natural
condition of unimproved public property. Existing law
provides that for property damage or emotional distress off
·~he public property caused by land failure, property is
deemed unimproved notwithstanding the intervention of
minor improvements.
This bill would provide that public property shall be
considered to exist in a natural condition and unimproved
state notwithstanding the performance of puplic services
related to the property, or the presence of improvements so-
long as the primary cause of the condition that caused the
injury or damage was a natural force, as specified.
Vote: majority. appropriation: no. Fiscal committee: yes.
State-mandated local program: no. ~-·
The people of the State of California do enact as Follows:
1 SECTION 1. Section 831.2 of the Government Code
2 is amended to read:
3 831.2. Neither a public entity nor a public employee
4 is liable for an injury caused by a natural condition of any
5 unimproved public property, including but not limited to
6 any natural condition of any lake, stream, bay, river or
7 beach. Public property shall be considered to exist in a
B natural condition and in an unimproved state
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l notwithstanding either of the following:
2 (a) The past or curre12t performance, by or on behalf
3 of a public party, of public services, related to the
4 property or the use of the property.
5 (b) The presence of improvements, so long as the
6 primary cause of the condition that caused the injury or
7 damage was a natural force or a combination of natural
8 forces.
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l RESOLUTION NO. _ _,_7_98_2_
A RESOLUTION IN SUPPORT OF
2 SENATE BILL 433 (BERGESON)
3 WHEREAS, Senator Bergeson has introduced SB 433, amending Sectfon 831.2 of
4 the Government Code, relating to public liability; and
5 WHEREAS, State law provides that a city or other public entity ls immme
6 frooi liability fo'C' injuries caused by the natural condition of unimproved public
7 property; and
8 WHEREAS, a non-natural condition is created when a city provides public
9 services related to the property; and
10 WHEREAS, many claims are pending against a nuni>er of r.ities related to non-
11 natural conditions in lakes, streams, bays, rivers or beaches.
12 WHEREAS, it is in the best interest of the citizens of Carlsbad, California
13 and throughout the state, to extend immunity to a city or other public entity
14 when services are provide or improvements are made on unimproved public
15 property.
16 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad
17 supports SB 433 -Dergeson -and urges its passage.
18 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
19 City of Carlsbad held on the 16th day of _Ap,;:;..r_i_l ___ , 1985, by the
20 following vote, to wit:
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AYES: Council M:mlbers lewis, Kul.chin, Chick and Pettine
NOES: None
A8.5EHT: Council M:mbe.r casler
25 ATTEST:
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28 (SEAL)
Y H. CASLER, M yor
CLAUDE A. LEWIS, Mayor Pro Tern