HomeMy WebLinkAboutCity Council - 2022-33 RESOLUTION NO. 2022-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING SETTLEMENT AND AWARD AUTHORITY OF THE RISK MANAGER
AND CITY ATTORNEY
WHEREAS,the City of Huntington Beach on January 3, 1997,by Resolution No. 4577
authorized the establishment of a Claims Review Committee and said committee was
established and functioning since 1978; and
The City of Huntington Beach on August 22, 1983, by Resolution No. 5302, authorized
the City Attorney to settle claims valued at $5,000.00 or less; and
Resolution No. 4577 was amended by Resolution No. 5383 on June 4, 1984; and
Resolution No. 5383 was amended by Resolution No. 6080 on November 6, 1989; and
Resolution No. 2003-92 deleted the Claims Review Committee, increased the settlement
authority of the Risk Manager and City Attorney, and repealed Resolution Nos. 4577,
5302, 5383, and 6080 on December 15, 2003; and
The City Council of the City of Huntington Beach wishes to differentiate between
discretionary and non-discretionary settlement and award authority and to increase the
authority of the Risk Manager to enter into workers' compensation agreements by repealing
Resolution No. 2003-92, and replacing it with the following resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
SECTION 1. When the City of Huntington Beach is a legal claimant or 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, potential claim, or suit, excluding workers' compensation,
against the City, the claims may be settled as follows:
(a) The Risk Manager or City Attorney may authorize settlement in an amount not to
exceed Fifteen Thousand Dollars ($15,000.00).
(b) The City Attorney, with the consent of the Risk Manager, may authorize
settlement in an amount not to exceed Fifty Thousand Dollars ($50,000.00) in
accordance with Government Code Section 935.4, and thereupon execute and
endorse all documents and drafts necessary to effect said settlement.
SECTION 2. The City enters into two types of workers' compensation agreements.
The first type is a Stipulation with Request for Award, which sets a statutory, non-discretionary
amount of permanent disability as rated by the State of California's Workers' Compensation
Disability Evaluation Unit. The second type is a Compromise and Release Agreement, which is
a final, discretionary settlement of the future medical care of the injured worker related to a
RESOLUTION NO. 2022-33
claim. When the City of Huntington Beach seeks to enter into workers' compensation
agreements, the claims may be settled as follows:
(a) The Risk Manager is authorized to agree to resolve workers' compensation
claims as relates to Stipulations with Request for Award in an amount not to
exceed One Hundred and Fifty Thousand Dollars ($150,000), and thereupon
execute and endorse all documents and drafts necessary to effect said award.
(b) The Risk Manager is authorized to settle workers' compensation claims as relates
to Compromise and Release Agreements in an amount not to exceed Fifty
Thousand ($50,000), and thereupon execute and endorse all documents and drafts
necessary to affect said settlement.
SECTION 3. Upon receipt of a written request from the City Attorney 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
Compromise and Release Agreements prior to payment to a claimant or his or her attorney.
SECTION 4. Resolution No. 2003-92 is hereby repealed.
PASSED AND ADOPTED by the City Council of Huntington Beach at a regular
meeting thereof held on the Jl's't day of ()atLgJ 2022.
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Mayor
REVIEWED AND APPROVED: APPROVED AS T ORM:
Interim City Manager it ttorneyAtAl
INITIATED AND APPROVED:
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Director of Administrative Services
2
22-11341/285987
Res. No. 2022-33
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 June 21, 2022 by the following vote:
AYES: Bolton, Posey, Delgleize, Carr, Moser, Kalmick
NOES: None
ABSENT: Peterson
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California