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HomeMy WebLinkAboutResolution 2014-22 to delegate authority to the City ManagerCouncil/Agency Meeting Held: Deferred/Continued to: A proved itionallyA r ed ❑ Denie 64�Ci ler Sign re Council eeting Date: ter- May 19, 2014 Department ID Number: CA 14-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Adopt Resolution # 2014-22 to delegate authority to the City Manager or the Director of Public Works to act on behalf of the City regarding the matter of Sepulveda Construction v. City of Huntington Beach Statement of Issue: There is an existing lawsuit entitled Sepulveda Construction Inc. v. City of Huntington Beach, Orange County Superior Court Case No. 30-3013- 00644071, concerning the construction of the Ranger Sewer Lift Station located on Adams Avenue, east of Brookhurst Street and west of the Santa Ana River. Trial is set for June 23, 2014. Prior to trial, the parties were required to attend a mandatory settlement conference (MSC) on May 16, 2014. During the MSC, the judge ordered that the City Council members appear for another MSC on May 23, 2014 at 9:00 am. It is contemplated that the Court will revised its order that the full City Council appear if the City Council takes action by resolution authorizing a representative of the City be given full settlement authority to resolve the matter up to the amount of Sepulveda's claims. Financial lmpact: N/A Recommended Action: Adopt Resolution # 2014-22, delegating authority to the City Manager or Director of Public Works for full authority to negotiate a settlement of this lawsuit with Sepulveda at the next Mandatory Settlement Conference up to the amount of Sepulveda's claims. Alternative Action(s): Do not delegate authority in which case the City Council members may be required to appear at the next MSC. M REQUEST FOR COUNCIL ACTION MEETING DATE: - 5/19/14 DEPARTMENT ID NUMBER: 14-006 Environmental Status: N/A Strategic Plan Goal: Attachment(s): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DELEGATING TO THE CITY MANAGER OR DIRECTOR OF PUBLIC WORKS SETTLEMENT AUTHORITY TO ACT ON BEHALF OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGARDING THE MATTER OF SEP UL VEDA CONSTRUCTION v. CITY OF HUNTINGTON BEACH RESOLUTION NO. 201. 4 -2 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DELEGATING TO THE CITY MANAGER OR DIRECTOR OF PUBLIC WORKS SETTLEMENT AUTHORITY TO ACT ON BEHALF OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGARDING THE MATTER OF SEP UL VEDA CONSTR UCTION v. CITY OF HUNTINGTON BEACH WHEREAS, the Superior Court of Orange County has ordered that each member of the City Council of the City of Huntington Beach appear at a Mandatory Settlement Conference on May 23, 2014 at 9:00 a.m. in the matter entitled Sepulveda Construction Inc. vs. City of Huntington Beach, Orange County Superior Court, Case No. 30-2013-00644071; and Orange County Superior Court Local Rule 316 allows representative(s) of the City Council to attend settlement conferences on behalf of the City Council with written authorization signed by the City Council extending unlimited and unconditional authorization to the representative to enter into a settlement; and It is possible that the Court will revise its order requiring the. attendance of the City Council members on the condition that the City Council adopt a resolution that representative(s) of the City be given full settlement authority to resolve the matter up to the amount of Plaintiff Sepulveda Construction, Inc.'s claims; and Except as to those actions that must be approved by the City Council, such delegation of authority is necessary in order to carry out the purposes and functions of the City Council. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The City Manager or Director of Public Works is hereby delegated unlimited and unconditional authorization to resolve the case entitled Sepulveda Construction Inc. vs. City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of May. , 2014. 13-3624/109756 n1� - d /46SC—Y()-F J Couficilmember AND APPROVED: City Manager APPROVED AS TO FORM: i;;,i Cit, Attorney 13-3624/109756 Res. No. 2014-22 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 May 19, 2014 by the following vote: AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan NOES: None ABSENT: Carchio ABSTAIN: None City CUrk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2014-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DELEGATING TO THE CITY MANAGER OR DIRECTOR OF PUBLIC WORE` SETTLEMENT AUTHORITY TO ACT ON BEHALF OF 'HE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RF. ARDING THE MATTER OF SEPULVEDA CONSTRUCTION v. CITY OF HUXTINGTON BEACH WHEREAS, the Superior Court of Orange County ha ordered that each member of the City Council of the City of Huntington Beach appear at a andatory Settlement Conference on May 23, 2014 at 9:00 a.m. in the matter entitled Sepulveda Construction Inc. vs. City of Huntington Beach, Orange County Superior Court, Cas Ko. 30-2013-00644071; and Orange County Superior Court Local Council to attend settlement conferences on be] signed by the City Council extending unl representative to enter into a settlement; and use' 316 allows representative(s) of the City of the City Council with written authorization ited and unconditional authorization to the It is possible that the Court wil revise its order requiring the attendance of the City Council members on the conditionFthahe City Council adopt a resolution that representative(s) of the City be given full settlemenority to resolve the matter up to the amount of PlaintiffSepulveda Construction, Inc.'s claind Except as to those actiio that must be approved by the City Council, such delegation of authority is necessary in order o carry out the purposes and functions of the City Council. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: / or Director of case entitled S Sepulveda clai IN regular 13-3624/109756 /as to actions that must be approved by the City Council, the City Manager Works is hereby delegated full settlement and negotiation authority for the is Construction Inc. vs. City of Huntington Beach, up to the full amount of ) AND ADOPTED by the City Council of the City of Huntington Beach at a thereof held on the day of , 2014.