HomeMy WebLinkAboutCC Res 3631 1986-08-11
RESOLUTION NUMBER .a6:!J/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH SUPPORTING MUNICIPAL LIABILITY
TORT REFORM
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
WHEREAS, municipalities in California continue to be confronted
with the unavailability of liability insurance or with
the availability o~ such insurance at such low coverage
limits and high premium costs as to make its purchase
not economically feasible; and
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WHEREAS, the unavailability of liability insurance is forcing
cities to fully self-insure their risk of liability
exposure; and
WHEREAS, the scope of this problem is broad and i~ediate and is
the result of many factors, including legislation and
court interpretation, which have greatly increased the
liability exposure of municipalities; and
WHEREAS, the cost and unavailability of such liability coverage
strikes at the heart of municipal services and
jeopardizes the continuous providing of essential
public services; and
WHEREAS, the State of California is much more liberal than the
vast majority of the remaining 49 states in its
treatment of governmental tort liabilitYl and
WHEREAS, it is widely recognized that municipalities are at
greater risk than private sector concerns, since
municipalities are required to provide a number of high
risk services (such as roads, beaches, etc.) over large
geographical areas which are completely open to the
public; and
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WHEREAS, in recognition of the requirement upon governmental
entities to provide a wide variety of services as
referenced above and recognizing that claim payments
are made from a finite "pool" of taxpayer funds, at
least 29 states have enacted legislation limiting the
per occurrence liability for governmental entities to a
maximum ranging from $50,000 to $1,000,000; and
WHEREAS, while the passage of Proposition 51 (which provided
some tort reform to the public and private sector
alike) by a wide majority of the California voters was
a step in the right direction for much-needed tort
reform, Proposition 51 only dealt with one limited
aspect of joint and several liability and was the "tip
of the iceberg;" and
WHEREAS, it is recognized that the passage of Proposition 51 was
a clear message to the legislature that the citizens of -
California want tort reform.
NOW, THEREFORE, BE IT RESOLVED that in recognition of
municipalities' dire need for further meaningful tort reform and
their being required to provide many high risk services and in
recognition of the fact that California voters have clearly shown
their support for tort reform, the City of Seal Beach urges the
legislature to study the governmental i~unity statutes and
liability limits that are in effect in other states and to study
the tort reform packages which exist or are in the process of
being passed in various states to then enact comprehensive tort
reform in tbe area of municipal liability and provide California
municipalities with tort liability exposures whicb are more in
line with tbose of the rest of the country.
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Resolution Number ~6~1
BE IT FURTHER RESOLVED that for the reasons outlined, the City of
Seal Beach specifically urges the Legislature to engage
legislation limiting the tort liability of a municipality to
$1,000,000 for damages arising out of anyone occurrence.
PASSED, APPROVED AND ADOPTED BY THE City COUnCi}$ the City of
Se Beach, at a meeting thereof held on the _ day of
, 1986, by the followin vote:
Councilmembers
~1~..<
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NOES:
Councilmembers
ABSENT:
Councilmembers
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
ATTEST:
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I, Joanne, M. Yeo, City Clerk of Seal Beach, California, do
hereby certify that thej~7regOing resolution is the original copy
of Resolution Number ~~ on file in the office of the City
Clerk, passed, approved and adopted by the City Council of the
Ci~PJ Seal Besc, t a regular meeting thereof held on the
~ day of , 1986.
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