HomeMy WebLinkAboutAdopt Resolution No. 2015-61 restating and amending Resoluti Dept ID CA 15-015 Page 1 of 1
Meeting Date 10/19/2015
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 10/19/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E Gates, City Attorney
PREPARED BY: Michael E Gates, City Attorney
SUBJECT: Adopt Resolution No 2015-61 restating and amending Resolution 2005-32
regarding authorizing the City Attorney to file Legal Actions
Statement of Issue
The City Attorney proposes that the Council amend Resolution 2005-32 regarding the authority of
the City Attorney to initiate certain legal actions on behalf of the City without further Council
approval The original Resolution, which was adopted in May of 2005, states that the City Attorney
inform the Mayor prior to initiating certain legal actions This Resolution will authorize the City
Attorney to initiate certain legal actions without first informing the Mayor and make certain other
changes
Financiallmpact N/A
Recommended Action
Adopt Resolution No 2015-61, "A Resolution of the City Council of the City of Huntington Beach
Restating and Amending Resolution No 2005-32 Regarding Authorizing the City Attorney to File
Legal Actions "
Alternative Action(s)
Not adopt Resolution No 2015-61, "A Resolution of the City Council of the City of Huntington
Beach Restating and Amending Resolution No 2005-32 Regarding Authorizing the City Attorney to
File Legal Actions "
Analysis
The existing Resolution authorizing the City Attorney to initiate certain legal action states that the
City Attorney inform the Mayor prior to filing a lawsuit The City Attorney recommends removing
this language, as language exists that the City Attorney inform City Council after filing a lawsuit
Environmental Status N/A
Strategic Plan Goal Enhance and Maintain City Service Delivery
Attachment(s)
1 Resolution No 2015-61, "A Resolution of the City Council of the City of Huntington Beach
Restating and Amending Resolution 2005-32 Regarding Authorizing the City Attorney to File
Legal Actions"
2 Resolution No 2005-32, "A Resolution of the City Council of the City of Huntington Beach
Authorizing the City Attorney to Initiate Certain Legal Actions on Behalf of the City"
xB -g;- Item 6. - I
ATTA� FI T
' 1 i�
RESOLUTION NO. 2 015-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
RESTATING AND AMENDING RESOLUTION 2005-32 REGARDING AUTHORIZING
THE CITY ATTORNEY TO FILE LEGAL ACTIONS
WHEREAS, the City of Huntington Beach is often required by law to act as a claimant or
plaintiff in various legal cases or other administrative matters, and
The time constraints imposed by the legal system often requires swift action to be taken
to protect the City's legal rights, and
The City Council desires to authorize the City Attorney to initiate certain types of
litigation and administrative procedures without further City Council authorization,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows
SECTION 1 The City Attorney is hereby authorized to initiate and prosecute on behalf
of the City the following civil litigation, administrative matters, or other proceedings
1 Complaints arising out of violations of the City Charter, City Municipal
Code, City Zoning and Subdivision Ordinance, or federal or state law,
2 Complaints for injunctions and restraining orders arising out of the
harassment of the City's officers, agents or employees, and
3 Complaints for injunctions and restraining orders arising out of the City's
affordable housing program, such as the enforcement of affordability covenants in favor of the
City,
4 Cross-complaints or counter-claims against other parties in civil actions
where the City is a defendant or cross-defendant,
5 Claims related to subrogation, debt collection or bankruptcy proceedings,
where the City is a creditor or owed a debt, and
6 Claims for indemnification, insurance coverage or policy interpretation
(including actions for bad faith denial of coverage), or other similar actions
15-4943/127088 doc 1
Resolution No. 2015-61
SECTION 2 The City Attorney shall report all actions filed pursuant to this Resolution
at a regular City Council meeting Failure to follow this Section 2 shall have no legal effect
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19 t h day of October , 2015
May
REVIEW D AND APPROVED APPRO VED AS TO F
CitiAa4er Crty orneya��
INITIATED AND APPROVED
orney
15-4943/127088 doc 2
Res. No. 2015-61
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN 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 October 19, 2015 by the following vote
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
City rk and ex-ofFicio Merk of the
City Council of the City of
Huntington Beach, California
rATTACHMENT #2
i
i
Rocolutdcm skx. 2005---u- !
- 4
PASSED AND ADOPTED b�8 City Cotmcil of the Ofy of H uh at a
mgularmeefm9f c=fh&dogL e ?-,,I_dapof may 72D0s i
9
Old
7 -
REVVED ACID APPROVED: APPROVED AS TO FORM:
,RUnAnD AM.APPR 'n- f
A -
� I
t '
i
' � 4
# 2
i
HB -87- Item 6. - 5