HomeMy WebLinkAboutAgenda Statement 1985/04/23 Item 12 COUNCIL AGENLIA STATEMENT
_._ Item "9" /.v
Meeting Date 4/1-6/85
ITEM TITLE: Ordinance „,:/ //e Amending Chapter 1.04 of the Chula Vista
Municipal Code Relating to City Liability
SUBMITTED BY: City Attorney (4/5ths Vote: Yes No X )
This is an ordinance limiting the City's liability.
pB c lENDATION: Place on first reading
BOARES/COMMISSIONS RDCOMM NDAI'ION: N/A
DISCUSSION:
In the case of City of Modesto v. Superior Court (1985) 85 DAR 345, the 5th
Appellate District Court indicated that the adoption by a city of a statement
relating to legislative intent in the Municipal Code could be a factor
limiting the public agency's liability when inspection and maintenance duties
are not performed by City employees. In City of Modesto, the City had enacted
a requirement that the City maintain adequate sight distance at
intersections. The court noted that such a "mandatory" duty required the City
to ensure that hedges and trees were properly trimmed. The absence of such
maintenance would impose liability upon the City if an accident occurred. The
des
court noted that the City could adopt an ordinance Whidh
of the resslyipal ides
that for purposes of tort liability, the requirements
to official duties, are not to be considered mandatory.
Attached hereto is an ordinance
Vista Municipal Code are not Council's
when
that acts imposed by to
referring to City officers or employees.
FISCAL, IMPACT: None.
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