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'CI~ OF SAN BERNAROQo - REQUQ,- FOR COUNCIL AC~ON
From: Mayor M~fOw.ilft(nllJ
, Au,,; rt, OFF.
Dept: Mayor I f'L15f.ftl~e;? 7 PM 2 r
Date: Augus t 27, 1985
Subject:
Resolution requesting League of
California Cities to initiate
initiative for relief of joint-
several liability rule.
Synopsis of Previous Council action:
none
Recommen<:led motion:
Adopt resolution.
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I Signature
Contact person:
Mayor Evlyn Wilcox
Phone:
5051
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
75-0262
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Agenda Item N~ ~ ,
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F'REDNAGEL.
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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 !n civil tort judgments, regardless of responsibility, has
re,ulted in public agencies becoming a target for inclusion in civil
suits due to their ability to payout of public funds.
We believe statewide support is both critical and essential in order to
convince 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.
Thank you for your assistance and support.
FN:AM
AtPachment
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ADMINISTRATION BUILDING, 8130 ALLISON AVENUE. P,O, BOX 937, LA MESA, CALIFORNIA 92041-0314 / (6191463-6611
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1
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REQUESTING THAT THE LEAGUE OF CALIFORNIA CITIES
3 INITIATE A STATEWIDE BALLOT INITIATIVE REGARDING JOINT AND SEVERAL
LIABILITY.
4
5 WHEREAS, the joint and several liability rule has had a
6 profoundly negative effect on local government; and
7 WHEREAS, the dramatic financial strain on cities is being
8 borne by all taxpayers; and
9 WHEREAS, special interest groups have a vested interest in
10 defeating any legislation proposed to relieve the "deep pockets"
11 synd rome; and
12 WHEREAS, insurance premiums have escalated to a point where
13 local government often cannot afford to purchase the necessary
14 coverage; and
15 WHEREAS, SB 500 and SB 575, previously introduced as a means
16 of equi tabl e relief for the "deep pockets" problems, have both
17 been defeated in Committee;
18 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
19 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
20 SECTION 1. The City of San Bernardino hereby requests the
21 General Assembly of the League of California Cities, assembled in
22 Annual Conference in San Francisco, October 8, 1985, to instruct
23 the League to initiate a statewide ballot initiative based on SB
24 500 (Beverly) and SB 585 (Foran/Beverly).
25 SECTION 2. The Mayor and Common Council of the City of San
26 Bernardino hereby urge local government officials throughout
27 California to actively support this initiative and that the
2R League solicit support from groups such as, but not limited to,
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1 the Chamber of Commerce, the California Medical Association, the
2 Association for California Tort Reform, and the American insuranc
3 industry, as well as the general population, urging them to
4 support this initiative aimed at relieving the financial strain
5 imposed not only on local government, but also on taxpayers as
6 well.
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 adopted by the Mayor and Common Council of the City of San
9 Bernardino at a
meeting thereof, held
10 on the
day of
, by the following
11 vote, to wit:
12
13
14 NAYS:
AYES:
Council Members
15 ABSENT:
16
City Clerk
17
18
19 of
20
21
The foregoing resolution is hereby approved this
day
, 1985.
Mayor of the City of San Bernardino
22 Approved as to form:
23
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24 Ci ty ~A<Eorney
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