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HomeMy WebLinkAbout1991-01-08; City Council; 10976; Amicus Brief- CIT - 3F CARLSBAD - AGEND'SILL 4B# lo[ 9 76 MTG.-!IEX DEPT.- CA TITLE: AMICUS PARTICIPATION IN AEROJET GENERAL CORPORATION V. SAN MATE0 COUNTY SUPERIOR COURT AND WEINER V. CITY OF SAN DIEGO RECOMMENDED ACTION: That the Council, by motion, authorize the City Attorney to add the City of Carlsbad as an amici curiae in seeking to have the Court of Appeal uphold the trial court in the case of Weiner v. City of San Dieqo, Fourth District Court of Appeal, Case No. D012274. ITEM EXPLANATION On December 19, 1989, the City Council authorized the City Attorney to add the City of Carlsbad as amicus curiae in the case of AIU v. Superior Court (1989) 213 Cal.App.3d 1219, 262 Cal.Rptr.182. That case had been appealed to the California Supreme Court due to conflicting interpretations of the courts of appeal. Among other things, at issue in that case, was whether or not a local government court recover environmental clean up and response costs from an insurance company under its comprehensive general liability policy when acting in its proprietary capacity and whether or not an insurance company was required to ensure a property owner when the local governmentproceededto recover those costs directly from the property owner. These issues were of importance to the City because if a polluter knows that it is covered for clean up costs, clean up activities will be conducted sooner and with greater cooperation with the local government. On November 15, 1990, the California Supreme Court decided this issue in favor of local governments. (AIU Insurance Companv v. Superior Court, (1990) 51 Cal.3d 807). In ruling that actual damages and response costs were "damagest1 within the meaning of that term as used in the comprehensive liability policies, the Supreme Court stated: "Thus, even if government response costs are incurred largely to prevent damage previously confined to the insured's property from spreading to government or third party property ... reimbursement of such costs constitute "damagest1 in ordinary terms. . . . For this reason we consider it immaterial to the issue before us whether or not the agencies, in seeking reimbursement of costs, have suffered harm to a proprietary interest. ...'I (At page 833). The Supreme Court's interpretation of this critical issue should greatly strengthen the ability of cities and counties in California to ensure clean ups of properties contaminated with hazardous waste. . . .- On a second issue, the League of California Cities and the City of Irvine have requested the City of Carlsbad to join as an amicus in the case Weiner v. City of San Dieqo, Fourth District Court of Appeal, Case No. D012274. The issue involved in that case is whether or not the immunity provisions of California Vehicle Code Section 17004.7 are absolute. The City of Carlsbad is very much interested in this issue since it has adopted a pursuit policy pursuant to this Vehicle Code section and has relied on its absolutely immunity provisions. California Vehicle Code Section 17004.7 states, in pertinent part: lI(a) The immunity provided by this section is in addition to any other immunity provided by law. The adoption of a policy by a public agency pursuant to this section is discretionary. (b) A public agency employing peace officers which adopts a written policy on vehicular pursuits (with certain provisions) is immune from liability for civil damages for personal injury to or death of any person or damage to property resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he or she is being or has been, pursued by a peace officer employed by the public entity in a motor vehicle ... I: In enacting this law which became effective on January 1, 1988, the legislative counsel stated that this law would provide immunity and change existing law which provided that a public entity was liable for personal injuries resulting from the operation of a vehicle by an employee of a public agency. Interested City departments fully support this interpretation of the law and urge the City Council to allow the City Attorney's office to support this request for a corresponding judicial interpretation supporting this immunity. FISCAL IMPACT There will be no significant fiscal impact other than minor expenditures of staff time in monitoring this issue.