HomeMy WebLinkAboutCC RESO 15,356RESOLUTION NO 15,356
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY IN SUPPORT OF LEGISLATION
LIMITING THE LIABILITY OF A SERVICE
AUTHORITY FOR FREEWAY EMERGENCIES
WHEREAS, Section 2550 of the Streets and Highways Code provides for
the establishment of a Service Authority for Freeway Emergencies if the board of
supervisors of the county and a majority of the cities within the county having a
majority of the population adopt resolutions providing for the establishment of the
authority; and
WHEREAS, the Board of Supervisors and a majority of the cities within
San Diego County having a majority of the population have adopted resolutions
establishing The San Diego Service Authority for Freeway Emergencies; and
WHEREAS, Service Authorities for Freeway Emergencies have been
established in other counties; and
WHEREAS, Section 2421.5 of the Vehicle Code requires the California
Highway Patrol to answer calls and provide central dispatching services for
emergency motorist aid systems; and
WHEREAS, Section 2554 of the Streets and Highways Code requires the
Department of Transportation and the Department of the California Highway Patrol
to review and approve plans for implementation of emergency motorist aid systems,
so that all such plans must meet their specifications; and
WHEREAS, Service Authority for Freeway Emergencies therefore have no
direct control over the planning, design and operation of an emergency motorist aid
system; and
WHEREAS, a Service Authority for Freeway Emergencies is a funding
mechanism to permit establishment and operation of an emergency motorist aid
system; and
WHEREAS, public financing may be necessary to establish an emergency
motorist aid system to service the County; and
WHEREAS, Senate Bill 488, as introduced by Senators Bergeson and
Craven on February 23, 1987, would immunize Service Authorities for Freeway
Emergencies from all liability arising from the planning, design and operation of
emergency motorist aid systems; and
WHEREAS, Senate Bill 488 was amended on May 28, 1987 to remove the
immunities and merely to require the California Highway Patrol to indemnity
Service Authorities for Freeway Emergencies for liability arising from an injury
caused as a result of the operation of the emergency motorist aid system; and
WHEREAS, this amendment threatens the ability of Service Authorities
for Freeway Emergencies to obtain public financing and to provide this needed
service to the residents and visitors who use California's highways and freeways.
WHEREAS, the May 28, 1987 amendment to SB 488 does not provide
adequte immunity to Service Authorities for Freeway Emergencies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the City of National City hereby requests that Senate Bill 488
be amended to restore the language immunizing the Service Authorities for Freeway
Emergencies from all liability arising from the planning, design, and operation of
emergency motorist aid systems, as provided in the February 20, 1987 version of SB
488.
PASSED and ADOPTED this 7th day of July, 1987.
GeorgeI. Waters, Mayor
ATTEST:
Ione, Campbell, City erk
APPROVED AS TO FORM:
George H./lits III - City Attorney