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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 Docusign Envelope ID: A81F77A6-69B1-4011-BA99-FEBE1E8BD83B 2 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 Docusign Envelope ID: A81F77A6-69B1-4011-BA99-FEBE1E8BD83B 3 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 Docusign Envelope ID: A81F77A6-69B1-4011-BA99-FEBE1E8BD83B 4 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. Docusign Envelope ID: A81F77A6-69B1-4011-BA99-FEBE1E8BD83B