HomeMy WebLinkAboutCity Council - 6080 RESOLUTION NO. 6080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REPEALING RESOLUTIONS NO. 4577 AND NO. 5383
AND SUBSTITUTING THIS RESOLUTION TO INCREASE THE AUTHORITY
OF THE CLAIMS REVIEW COMMITTEE TO ENTER INTO
SETTLEMENT AGREEMENTS
WHEREAS, the City of Huntington Beach on January 3, 1978 by
Resolution No. 4577 authorized the establishment of a Claims Review
Committee and said committee was established and has been functioning
since 1978; and
Resolution No. 4577 was amended by Resolution No. 5383 on June
4, 1984; and
The City Council of the City of Huntington Beach wishes to
increase the authority of said committee by repealing Resolution No.
4577 and Resolution No . 5383 and replacing them with the following
resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council as follows :
SECTION 1. There is hereby established a Claims Review
Committee of the City of Huntington Beach which shall consist of
three members, or their authorized designees, to wit:
1) City Administrator, who shall serve as chairman;
2) Risk Manager; and
3) City Attorney.
SECTION 2 . (a) When it is determined that the city is
partially or fully liable by reason of an incident, accident or any
other cause of action resulting in a claim or suit, excluding
workers ' compensation, against the city, the city' s Claim Review
Committee shall have the authority to settle any claim up to the
amount of Seventy-Five Thousand Dollars ($75, 000) .
- 1 -
(b) In accordance with the provisions of Government Code
sections 911. 6 et seq. , the Claims Review Committee may grant or deny
applications to present late claims .
(c) The Claims Review Committee may, at its discretion,
delegate to the claims adjuster the authority to enter into
settlement agreements on claims or suits, excluding workers '
compensation, that do not exceed an amount to be determined by the
committee, but in no instance shall such amount exceed Ten Thousand
Dollars ($10, 000) . This authority may be suspended at any time by
the committee.
(d) The Risk Manager may settle claims or suits, excluding
workers ' compensation, in an amount not to exceed Five Thousand
Dollars ($5,000) .
(e) On proposed settlement of claims, excluding workers '
compensation, in which the claims committee cannot reach concurrence
to settle, as provided in this section, or which amount to
Seventy-Five Thousand Dollars ($75, 000) or more, such claims shall be
referred to the City Council for determination.
SECTION 3 . Workers ' compensation claims may be settled as
follows :
(a) Claims in an amount not to exceed Ten Thousand Dollars
($10, 000) may be settled by the Risk Manager.
(b) Claims over Ten Thousand Dollars ($10,000) but not
exceeding Seventy-Five Thousand Dollars ($75, 000) shall be referred
by the Risk Manager to the city Claims Review Committee which
committee shall have authority to settle such claims.
- 2 -
6080
(c) Claims over Seventy-Five Thousand Dollars ($75,000) or
more and claims upon which the Claims Review Committee cannot reach
concurrence to settle shall be referred to the City Council for
determination.
SECTION 4 . Upon receipt of a written request from the Claims
Review Committee or Risk Manager, specifying the amount agreed upon
to settle a claim, the City Treasurer shall cause a warrant to be
drawn on the city treasury therefore. The City Attorney shall
approve as to form agreements of compromise settlement and release
prior to payment to a claimant or his attorney.
SECTION 5 . The administrative procedure to be followed by the
Claims Review Committee shall be determined by the committee.
SECTION 6 . Resolutions No. 4577, 5383 and all resolutions in
conflict herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at regular meeting
6th
g a egu ar eet ng thereof held on the
day of November 1989 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �,t; City Attorney
It 7_r
REVIEWED AND APPROVED:
Risk Manager
City Administrator
3 -
6080
Res. No. 6080
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 6th day
Of November -, 1989 , by the following vote:
AYES: Councilmembers:
MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: Councilmembers:
NOne
ABSENT: Councilmembers:
None
City Clerk and ex-o cl er
of the.City Council of the City
of Huntington Beech, California