HomeMy WebLinkAbout1985-09-03; City Council; 8314; Ballot Initiative Joint and Several Liability0
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CIT~~F CARLSBAD -AGENDf•JILL
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MTG. 9/3/85
DEPT., ___ c_A_
BALLOT INITIATIVE -
JOINT AND SEVERAL LIABILITY
DEPT. HD. __
CITY ATTY JLff/i
CITY MGR.~
RECOMMENDED ACTION:
That the City Council adopt Resolution No. (/ 4, ~ asking the
League of California Cities to initiate a statewide ballot
initiative for relief from the joint and several liability rule.
ITEM EXPLANATION
The Mayor and City Manager have asked our office to prepare an
agenda bill to present this matter to the Council for your
consideration. It originated with the City of La Mesa which has
asked that all the cities in San Diego County join in the effort
to initiate a statewide ballot initiative for relief from the
joint and several liability rule. There is no doubt from the
point of view of our office that this rule has been a disaster
for the City of Carlsbad. Any relief would be most welcome.
If the City Council concurs your action is to adopt Resolution
No. '{I&-'<. •
EXHIBITS
Resolution No. ?t , ,?._
Letter from Fred Nagel, Mayor , City of La Mesa
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FRED NAGEL.
MAYOR
August 15, 1985
Mayor and Members of the City Council
At the August 13, 1985 meeting) the La Mesa City Council unanimously
approved the attached resolution asking the League of California Cities
to initiate a statewide ballot initiative for relief of the joint-several
liability rule.
We, like you, are deeply concerned about the financial strain being
placed on local government as a result of the "deep pockets" judgments
being rendered in California. The present system of total liability for
all defendants in civil tort judgments, regardless of responsibility, has
resulted in public agencies becoming a target for inclusion in civil
suits due to their ability to pay out of public funds,
We believe statewide support is both critical and essential in order to
con?ince the legislature that joint liability relief is a necessity.
Therefore, on behalf of the La Mesa City Council, I urge you to adopt a
resolution supporting a statewide ballot initiative for relief of
joint-several liability and forward the resolution to the League
immediately,
TI1ank you for your assistance and support.
Attachment
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ADMINISTRATION BUILDING, 8130 ALLISON AVENUE, P.O. BOX 937, LA MESA, CALIFORNIA 92041-0314 / (619) 463-6611
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RESOLUTION NO. 8162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA PROPOSING THE LEAGUE OF
CALIFORNIA CITIES INITIATE A STATEWIDE BALLOT
INITIATIVE REGARDING JOINT AND SEVERAL LIABILITY.
WHEREAS, the joint and several liability rule has had a
profoundly negative effect on local government; and
WHEREAS, the dramatic financial strain on cities is
being borne by all taxpayers; and
WHEREAS, special interest groups have a vested interest
in defeating any legislation proposed to relieve the "deep
pockets" syndrome; and
WHEREAS, insurance premiums have escalated to. a point
where local government often cannot afford to purchase the
necessary coverage; and
WHEREAS, SB 500 and SB 575, previously introduced as a
means of equitable relief for the "deep pockets" problems, have
both been defeated in Committee;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Catlsbad as follows:
1 • That by the General Assembly of th--League of
California cities assembled in Annual Conference in San
Francisco, October 8, 1985, that the League initiate a statewide
ballot initiative to obtain relief for cities from the joint and
several liability rule.
2. That local government officials throughout
California be urged to actively support this legislation and that
the League solicit support from groups such as, but not limited
to, the Chamber of Commerce, the California Medical Association,
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the Association for California Tort Reform, and the American
Insurance Industry, as well as the general population, urging
them to support this legislation aimed at relieving the financial
strain imposed not only on local government, but also on
taxpayers as well.
P1-SSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 3rd day of ------September , 1985 by the following --------
vote, to wit:
AYES: Comicil M3nbers casler, lewis, Kull~hin, Click and Pettine
NOES: None
ABS ENT: None
ATTEST:
MARY H. fASLER, Mayor
J
erk
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