HomeMy WebLinkAboutCity Council - 6515 RESOLUTION NO. 6515
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING RESOLUTION
NO. 6080 AND SUBSTITUTING NEW RESOLUTION 65J5 TO
INCREASE THE AUTHORITY OF THE RISK MANAGER AND
CITY ATTORNEY 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 Resolutions No. 5383 and
6080 .
The City Council of the City of Huntington Beach wishes to
increase the authority of said committee by amending Resolution
No . 6080 and replacing it 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) .
(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,
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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 potential
claims or suits excluding workers compensation, in an
amount not to exceed Ten Thousand Dollars ($10, 000) .
(e) The City Attorney or her designee may settle
potential claims, excluding workers compensation in an
amount not to exceed Five Thousand Dollars ($5, 000) . A
written report to the settlement committee shall follow any
such settlement .
(f) 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 .
(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.
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6515
SECTION 6 . Resolution No . 6080 and all resolutions in
conflict herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
day of August 1993 .
Mayor
ATTEST& APPROVED AS TO FORM:
r&9s-
City Clerk City Attorney
R V E D AND P OV INIf/TI; TEDAND APPROVED:
City Admi is r Risfk Manager
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6515
Res. No. 6515
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 16TH day
Of August 19_U_, by the following vote:
AYES: Councilmembers:
n wincliell ' ilva Sullivan, Lei zig
NOES: Councilmembers:
None
ABSENT: Councilmembers:
City Cler and ex-a icy er
of the City Council of the City
of Huntington Beach, California