HomeMy WebLinkAboutOrd 20301
ORDINANCE NO. 2030
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 3.05
OF THE BURLINGAME MUNICIPAL CODE TO INCREASE AND CLARIFY THE
CLAIMS SETTLEMENT AUTHORITY OF THE CITY ATTORNEY; CEQA
DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES
SECTION 15378 AND 15061(b)(3)
WHEREAS, the California Tort Claims Act (Government Code Section 900 et.
seq.) (hereinafter the “Act”) sets forth the general rules and regulations regarding the
processing of tort claims against public entities. The Act further allows public entities to
adopt their own local claims processing procedures, so long as those local procedures
do not conflict with State law; and
WHEREAS, the City of Burlingame’s local claims proce ssing procedure is outlined
in Chapter 4.15 of the Burlingame Municipal Code – Claims Procedures; and
WHEREAS, the Act also allows a City Council to delegate their claims settlement
authority to a City official, including the authority to perform claims administrative functions,
and to “allow, compromise or settle” pending actions against the City up to $50,000; and
WHEREAS, the City Council currently authorizes the City Attorney to settle claims
in the amount of $15,000, or $20,000 with the concurrence of the City Manager; and
WHEREAS, based on the nearly universal rise in claimed amounts, these thresholds
are no longer adequate to provide the City Attorney an efficient means of processing routine
claims; and
WHEREAS, City Council believes that amending the position’s settlement authority
to $30,000 individually, or $40,000 with the concurrence of the City Manager, will allow for
more efficient processing and resolution of claims for both the City and claimants; and
WHEREAS, the City Attorney has historically been delegated the power to
determine timeliness and sufficiency of claims, which includes the ability to reject all
claims; and
WHEREAS, this Ordinance will add language to expressly state the City Attorney’s
authority to administer claims, including the authority to reject claims of any amount.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
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incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that this Ordinance is in the public
interest.
Section 3. The Ordinance is not a project within the meaning of section 15378 of
the CEQA Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately. In the event that this Ordinance is found to be a
project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines
section 15061(b)(3) because it can be seen with certainty to have no possibility of a
significant effect on the environment.
Section 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
or sections of the Ordinance. The City Council of the City of Burlingame hereby declares
that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 5. Chapter 3.05 of the Burlingame Municipal Code is amended as
reflected in Exhibit A, attached hereto and incorporate d herein by reference. Exhibit A
shows additions with underlined text and deletions with strike out text. Any sections not
included in Exhibit A remain unchanged.
Section 6. This Ordinance shall go into effect 30 days following its adoption.
Section 7. The City Clerk is directed to publish this ordinance in a manner
required by law.
Donna Colson, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on
3rd day of September 2024 and adopted thereafter at a regular meeting of the City Council
held on the 1 6 t h day of September by the following votes:
AYES: COUNCILMEMBERS: BROWNRIGG, COLSON, LEE, PAPPAJOHN, STEVENSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
Meaghan Hassel - Shearer, City Clerk
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EXHIBIT A
Chapter 3.05 – City Attorney
3.05.010 Legal department created.
3.05.020 City attorney.
3.05.030 Compensation and expenses.
3.05.040 Powers and duties.
3.05.050 Other personnel.
3.05.040. Powers and duties.
In addition to the powers and duties set forth in the Government Code of the state of
California, the city attorney shall:
(a) Represent and advise the city council and all city officers upon all matters of law
pertaining to the city and to their office;
(b) Frame all ordinances and resolutions required by the city council;
(c) Represent and appear for the city, its authorized agents, officers and employees, in
any and all actions and proceedings in which the city, or its agents, officers or employees,
in or by reason of their official capacity only, is concerned or is a party thereto. The city
council shall have control of all legal proceedings, however, and shall direct and control
the prosecution and defense of all actions and proceedings to which the city is a party or
in which it is interested, and may employ special counsel, if it feels the interests of the city
require same, to assist the city attorney, or to prosecute or defend in any such action or
proceeding. The city attorney shall be authorized to enter into settlements of claims or
litigation brought or asserted against the city in an amount up to $15,000 acting alone and
in an amount up to $20,000 with the city manager's concurrence. Such settlements shall
be reported to the city council on a fiscal year basis;
(c) Represent and appear for the city, its authorized agents, officers and employees, in
any and all actions and proceedings in which the city, or its agents, officers or employees,
in or by reason of their official capacity only, is concerned or is a party thereto. The city
council shall have control of all legal proceedings, however, and shall direct and control
the prosecution and defense of all actions and proceedings to which the city is a party or
in which it is interested, and may employ special counsel, if it feels the interests of the city
require same, to assist the city attorney, or to prosecute or defend in any such action or
proceeding. Pursuant to Government Code Section 935.4, the City Council delegates
authority to the City Attorney to review all claims for timeliness and sufficiency, and to
reject any and all claims regardless of amount. The City Council further delegates to the
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City Attorney authority to allow, compromise, or settle claims for an amount up to thirty
thousand dollars ($30,000.00) acting alone, or up to forty thousand dollars ($40,000) with
the concurrence of the City Manager. The City Council shall have sole authority to allow,
compromise, or settle claims for an amount in excess of forty thousand dollars ($40,000).
(d) Attend all meetings of the city council and planning commission;
(e) Render legal opinions or advice, in writing, whenever requested to do so by the council
or any of the city boards, commissions or city officers;
(f) Approve the form and execution of all bonds, contracts and other instruments to which
the city is a party;
(g) Specify the minimum requirements of insurance policies and bonds required to be filed
with the city, and no such policy or bond shall be deemed to satisfy legal requirements of
the city unless in conformity with such specifications or otherwise approved by the city
attorney;
(h) Devote such time to the duties of the office, and attend such conferences, meetings,
and proceedings as the council may specify from time to time, and as shall be determined
by the work requirements of the legal department;
(i) Keep on file in the city attorney's office all written communications, opinions, briefs, and
papers used in the normal course of legal activities of the legal department. The city
attorney shall deliver all books, records, papers, documents, and property of every
description, belonging to the city, to the attorney's successor in office;
(j) Act as director of the legal department, subject to the general administrative direction of
the city council. The city attorney shall have the authority to retain expert outside counsel
to advise the city when, in his or her opinion, such assistance of counsel is necessary to
the provision of legal services to the city.
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