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January 19, 201 0
TO :
Mayor and Counci l
FROM :
J . Christine Dietrick, City Attorney,
VIA :
Katie Lichtig, City Manage r
SUBJECT :Red File, Consent Item C7 - Legislative Plaorm
Councilmember Ashbaugh raised some questions regarding the proposed legislative platform ,
which are summarized below along with comments and/or proposed modifications to th e
proposed platform .
Item2 4
Supporting reforms that limit the financial impacts of joint and several liability on publi c
entities.
Councilmember Ashbaugh inquired whether this item related to tort reform . Legislativ e
measures limiting City liability would fall under the umbrella of tort reform . This addition arose
from the recent attendance of the City's Risk Manager at a Ca1JPIA conference, which include d
a mock trial component based on a real case tried by Ca1JPIA counsel . The mock trial involve d
a personal injury claim with a dangerous condition of public property component, where the
plaintiff sustained severe and permanent injuries as the result of a collision caused almos t
entirely by another motorist . The mock jury found the City to have extremely minimal fault .
Nonetheless, the City was liable to pay a multimillion dollar economic damages award to th e
plaintiff because the motorist had no assets and only minimal insurance coverage . A City's
liability arises in such cases because economic damages are joint and several, rather than bein g
apportioned according to percentage of fault, like non-economic damages . The inclusion of thi s
provision would allow the Mayor to sign letters of support for legislation that would limit th e
financial impacts to cities where the City is found to be only minimally (even 1%) responsible .
If council does not wish to address this issues, Council may direct staff to remove the item fro m
the Legislative Platform .
Item 3 5
Supporting legislation that would increase funding availability for projects that improve floo d
protection for the City
RED FILE
MEETING AGENDA
DATE /if/b.ITEM #C
MEMORANDUM
From the Office of the City Attorney
Councilmember Ashbaugh suggested the word "availability" is superfluous . Staff recommend s
removing the word from the Platform item .
Item 4 7
Opposing efforts that erode funding for vital regional and community services that negativel y
impact Californian 's access to parks, open space, after school programming, senior services ,
facilities that promote physical activity, protect natural resources, and strengthen safety an d
security.
Councilmember Ashbaugh pointed out that the wording of this item is awkward . Staff
recommends revision to read : Protecting funding for vital regional and community services tha t
negatively impact Californian's access to parks, open space, after school programming, senio r
services, facilities that promote physical activity, protect natural resources, and strengthen safet y
and security.
Add new item 5 5
Councilmember Ashbaugh suggests adding language to address the proposed diversion o f
gasoline tax under the Transportation heading . Staff concurs and suggests the following :
Opposing the proposed diversion of gasoline sales tax to become an excise tax and othe r
attempts to depriving transit agencies of significant funding sources .