HomeMy WebLinkAboutAdopt Resolution Number 2005-32 Authorizing the City Attorne ��`3 �1 . /fie.. �/�-�� _ • ���
Council/Agency Meeting Held:
Deferred/Continued to:
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Council Meeting Date: 5/2/2005 Departme Number: 05-010
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS 4
SUBMITTED BY: JENNIFER MCGRAT ITY ATTORNEY -�
PREPARED BY: JENNIFER MCGRA , ITY ATTORNEY
SUBJECT: AUTHORIZATION OF THE FILING OF LITIGATION = S,
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Authorize the City Attorney to file litigation, and report such filings at a
regular City Council meeting, without further City Council action in defined circumstances,
including, (1) the requisite defense of litigation; (2) recovery of monies owed to City; (3)
enforcement of City's Municipal Code, Zoning Code, or affordable housing covenants; (4) the
protection of City employees from harassment; and (5) pursuit of insurance coverage.
Funding Source: N/A.
Recommended Action: Adopt Resolution No (k �3� Authorizing the City Attorney
to Initiate Certain Legal Actions on Behalf of the City.
Alternative Action(s): Do not approve Resolution
Analysis: Although City Charter Section 309 requires the City Attorney to defend litigation
filed against the City, it does not authorize the City Attorney to file any type of litigation in
defense of the City or in advancement of the protection of the City's General Fund. And
while the majority of the work of the Litigation Division of the City Attorney's Office is the
defense of litigation filed against the City, there have been many times that adequate
defense of the City's interests required the initiation of litigation which mandates the
permission of the City Council as client. Moreover, the City Attorney's Office is unable to
independently file litigation to advance the City's interests. Oftentimes, the filing of pro-active
litigation requires swift action. In addition, the failure to file risks legal malpractice on behalf
of the City Attorney.
The proposed resolution is limited to the filing of litigation in the following limited
circumstances:
1. Temporary Restraining Orders wherein "time is of the essence" and a delay
could mean the continuation of harassment of a City employee or the
E__5
REQUEST FOR ACTION
MEETING DATE: 512/2005 DEPARTMENT ID NUMBER:05-010
continuing violation of the City's Municipal Code, Zoning Code, or affordability
housing covenants.
2. Cross-complaints or counter-claims against other necessary parties in civil
actions where the City is a defendant or cross-defendant; and
3. Claims related to subrogation, debt collection or bankruptcy proceedings,
where the City is a creditor or owed a debt; and
4. Claims for indemnification, insurance coverage or policy interpretation
(including actions for bad faith denial of coverage), or other similar actions.
Under the proposed Resolution, the City Attorney may still bring items to the City Council
prior to filing litigation. In addition, the proposed Resolution requires the City Attorney to
report out any filing of litigation at a regular meeting of the City Council.
Environmental Status:
Attachment(s):
City Clerk's
Page Number No. DeSGription
1. Resolution No. : 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
G:1RCA12005105-initiation of litigation.doc -2- 4119/2005 10:26 AM
ATTACHMENT NO . 1
i
RESOLUTION NO. 2 00 5-32
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
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 litigation or
administrative process in the certain instances enumerated herein, without further authorization
from the City Council,
NOW,THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION I_ That the City Attorney is hereby authorized to initiate and prosecute on
behalf of the City such civil litigation, administrative matters, or other proceedings under the
following circumstances:
I. Complaints for injunctions and restraining orders arising out of
administrative citations or notices of violation for zoning code enforcement; and
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; and
4. Cross-complaints or counter-claims against other necessary parties in civil
actions where the City is a defendant or cross-defendant; and
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.
SECTION 2. The City Attorney shall inform the Mayor prior to filing any litigation and
shall report all actions filed pursuant to this Resolution at a regular City Council meeting.
05resolinitiation of claims l
Resolution No. 2005 3 .
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the end day of May ,2005.
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REVIEWED AND APPROVED: APPROVED AS TO FORM:
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jity Ad nistrator ity Attom y
INITIATED AND APPROVED:
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�Attom& /
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05resohnitiation ofdaims 2
Res. No. 2005-32
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 an regular meeting thereof held on the 2nd day of May,
2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
City tierk and ex-officio-C67k of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: CITY ATTORNEY
SUBJECT: AUTHORIZATION TO INITIATE LITIGATION
COUNCIL MEETING DATE: May 2, 2005
A ATTACftIENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached El
Nat Applicable
(Signed in full bX the City Attomey)
Attached El
Subleases, Third Party Agreements, etc. Not Applicable
LApproved as to form by gLtZ Attome
Certificates of Insurance (Approved b Attome Attached ❑
y the Ci� y� Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Attached ❑
Bonds (If applicable) Not Applicable
Attached ❑
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Re ort If applicable Attached
p ( pp ) Not Applicable
licable
s/Conditions for Approval and/or Denial Attached ElFindin
g pp Not Applicable
.
EXPLANATION FORWISSING.ATTACI(#IVIENTS
REVIEWED RETURNEa FQR ED
Administrative Staff
Assistant City Administrator Initial
C ity Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM. .
Only)(Below Space For City Clerk's Use
RCA Author: McGrath
it
RESOLUTION NO. os-_ �� '
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY ATTO EY
TO INITIATE CERTAIN LEGAL ACTIONS ON BEHALF OF THE IT
WHEREAS,the City of Huntington Beach is often required by lar7"o act as a claimant or
plaintiff in various legal cases or other administrative matters; and
The time constraints imposed by the legal system often requ}ies swift action to be taken
to protect the City's legal rights; and
The City Council desires to authorize the City Attornto initiate litigation or
administrative process in the certain instances enumerated h ein, without further authorization
from the City Council,
NOW, THEREFORE, the City Council of thety of Huntington Beach does hereby
resolve as follows:
SECTION 1. That the City Attorney iJeb y authorized to initiate and prosecute on
behalf of the City such civil litigation, adminis matters, or other proceedings under the
following circumstances: /
1. Complaints for inju tions and restraining orders arising out of
administrative citations or notices of viol tion for zoning code enforcement; and
2. Complaints for 'unctions and restraining orders arising out of the
harassment of the City's officers, ats or employees; and
3. Complaintifor injunctions and restraining orders arising out of the City's
affordable housing program, su as the enforcement of affordability covenants in favor of the
City; and
4. Cross complaints or counter-claims against other necessary parties in civil
actions where the City is a/defendant or cross-defendant; and
5. laims related to subrogation, debt collection or bankruptcy proceedings,
where the C/],1,6. Claims
ditor or owed a debt; and
for indemnification, insurance coverage or policy interpretation
(including abad faith denial of coverage), or other similar actions.
SECThe City Attorney shall re ort all actions filed pursuant to this Resolution
at a regularciI meeting.
05reso/initiation of claims 1
i
PASSED AND ADOPTED by the City Council of the City of Huntington B ch at a
regular meeting thereof held on the day of 05.
Mayor
REVIEWED AND APPROVED: APPROVED AS T ORM:
City Admi strator ty Attorn y
INITIATEIIP(AND APPROVED:
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