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HomeMy WebLinkAbout1985-09-03; City Council; 8314; Ballot Initiative Joint and Several Liability0 I.Li ~ c:: a. Q. < z 0 13 C .... cj z = 8 CIT~~F CARLSBAD -AGENDf•JILL AB# f'3/f 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 I 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 '·. ADMINISTRATION BUILDING, 8130 ALLISON AVENUE, P.O. BOX 937, LA MESA, CALIFORNIA 92041-0314 / (619) 463-6611 I l ! I ' 1 J. 2 3 4 5 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 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, 3 l 2 3 4 5 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 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 2.