HomeMy WebLinkAboutResolution 1985 - 0068RESOLUTION NO.85-68
URGING ADOPTION OF SENATE BILL 75 RELATING TO LIMITATION
OF LIABILITY FOR PUBLIC AGENCIES
A JOINT RESOLUTION OF THE BOARDS OF DIREcTORS OF COUNTY
SANITATION DISTRICTS NOS.1,2,3,5,6,7,11 AND 13 OF
ORANGE COUNTY,CALIFORNIA,URGING ADOPTION OF SENATE BILL
75 RELATING TO LIMITATION OF LIABILITY FOR PUBLIC AGENCIES
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WHEREAS,the present law in the State of California provides for joint and
several liability of co—defendants in matters of liability litigation;and,
WHEREAS,the application of the law applying the joint and several
liability produces a grossly unfair and inequitable burden upon the public and
the taxpayers of the State of California;and,
WHEREAS,the taxpayers should be responsible to make financial remuneration
for its negligent acts,but should not be responsible to act as an insurer for
the negligent acts of others;and,
WHEREAS,the~existence of the joint and several liability principle in
California has been partially responsible for the existing liability insurance
crisis,wherein insurance is either not available or only available at
greatly—increased premiums;and,
WHEREAS,proposed.Senate Bill 75 (Foran)would provide that the public
agencies would remain jointly and severally liable to a plaintiff without regard
to respective percentage of fault,but limited solely to the actual special
damages incurred,by the plaintiff,and would absolve the public agency of
liability for payment of any general damages beyond their respective
proportionate share of negligence;and,
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WHEREAS,proposed Senate Bill 75 results in a fair and equitable allocation
of legal responsibility and rights to all parties.
NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.
1,2,3,5,6,7,11 and 13 of Orange County,California,
DO HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the County Sanitation Districts of Orange County,
California fully support and urge all members of the California State Senate and
the California State Assembly to support and vote in favor of Senate Bill 75
when presented to them for their consideration.
Section 2 That copies of this Resolution be sent to all members of the
Orange County legislative delegation.
PASSED AND ADOPTED at a regular meeting of the Boards of Directors held
this 10th day of April,1985.
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STATE OF CALIFORNIA)
SS.
OUNTY OF ORANGE
I,RITA J.BROWN,Secretary of the Boards of Directors of County Sanitation
Districts Nos.1,2,3,5,6,7,11 and 13 of Orange County,California,do hereby
certify that the foregoing Resolution No.85—68 was passed and adopted at a regular
meeting of said Boards on the 10th day of April,1985,by the following vote,to wit:
AYES:Ruth Bailey Mayor Huntington Beach
Michael 1.Beverage Councilman Yorba Linda
Oscar Brownell Mayor Seal Beach
Richard E.Buck Mayor Placentia
A.B.“Buck”Catlin Mayor Fullerton
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Sam Cooper Councilman Brea
John C.Cox,Jr.Councilman Newport Beach
Norman Culver Board Member Garden Grove Sanitary District
Richard B.Edgar Councilman Tustin
Don R.Griffin Mayor Buena Park
Robert Hanson Board Member Costa Mesa Sanitary District
Carol H.Kawanami Councilwoman Villa Park
Philip Maurer Mayor Newport Beach
James Neal Councilman Fountain Valley
Richard Olson Board Member Midway City Sanitary District
Richard Partin Councilman Cypress
Bob Perry Board Member Garden Grove Sanitary District
Ruthelyn Plummer Councilwoman Newport Beach
Richard Polis Councilman La Palma
Don Roth Mayor Anaheim
Donald J.Saltarelli Councilman Tustin
Don E.Smith Councilman Orange
Charles E.Sylvia Councilman Los Alamitos
John Thomas Councilman Huntington Beach
Gene Wisner Mayor Yorba Linda
NOES:None
ABSENT:Dan Griset Mayor Santa Ana
John C.Holmberg Mayor La Rabra
Sal Sapien Councilman Stanton
David Sills Mayor Irvine
Roger R.Stanton Board Member County Board of Supervisors
James Wahner Board Member Costa Mesa Sanitary District
IN WITNESS WHEREOF,I have hereunto set my hand this 10th day of April,1985.
Rita 3.Brown,ecretary
Boards of Directors,County Sanitation
Districts Nos..1,2,3,5,6,7,11 and 13
of Orange County,California