HomeMy Public PortalAbout2017.275 (9-5-17) RESOLUTION NO. 2017.275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SETTLE
CLAIMS, DEMANDS, OR PENDING LAWSUITS, WHICH DO NOT
EXCEED $30,000, AND TO INCLUDE WORKERS' COMPENSATION
CLAIMS, AND REPEALING RESOLUTION NO. 2006.169
WHEREAS, California Government Code Section 935.4 allows this City Council by
ordinance or resolution to authorize an employee of the City of Lynwood to allow,
compromise, or settle a claim against the City that does not exceed fifty thousand dollars
($50,000), which would otherwise be filled and borne by the City Council. California
Government Code Section 949 allows this City Council to delegate its authority to its
attorney or an employee to compromise any pending action; and
WHEREAS, Section 2-7.1(a)(1) of the Lynwood Municipal Code recognizes that
the general claims procedures applicable to local public agencies, including the City, are
governed by the provisions of the California Government Code, commencing with Section
900 et seq. Further, Section 2-7.1(b) of the Lynwood Municipal Code states in pertinent
part: "The procedures relating to the presentation, processing, review, settlement,
compromise, and rejection of claims for money or damages against the city must be
consistent with the provisions of the California Government Code ..."; and
WHEREAS, Lynwood Municipal Code Section 2-2.6(n) provides that the City
Manager shall perform such other duties and exercise such other powers as may be
delegated by ordinance or resolution of the City Council; and
WHEREAS, a review of City records reveals that Resolution No. 2006.169, which
was passed, approved and adopted in 2006, authorizes the City Manager to allow,
compromise or settle a claim against the City, including Workers' Compensation claims,
of up to five thousand dollars ($5,000); and
WHEREAS, this resolution provides for an increase in the settlement authority of
the City Manager within a specific parameter that will allow the City Council to focus on
other important matters of City business instead of the compromise or settlement of
claims and pending lawsuits that do not exceed thirty thousand dollars ($30,000); and
WHEREAS, while Government Code section 934.5 authorizes an employee to
settle a claim of an amount up to fifty-thousand dollars ($50,000), the City Attorney's
Office found that $30,000 was the average settlement amount afforded to City Managers
in southeast Los Angeles municipalities; and
WHEREAS, the parameter setting a settlement threshold of up to thirty-thousand
dollars ($30,000) conflicts with Resolution No. 2006.169, and will necessitate the repeal
of said Resolution; and
WHEREAS, a resolution conforming to the proposed settlement threshold of up to
thirty thousand dollars ($30,000) to settle claims and pending lawsuits will increase
efficiencies and will positively affect the City Council, the Risk Management Department,
the City Attorney's Office and the City Manager's Office; and
WHEREAS, the adoption of the this resolution, and the concurrent repeal of
Resolution No. 2006-169, will create several efficiencies in investigating, settling, and
resolving claims and lawsuits, reducing the number of agenda items, avoiding the need to
prepare Agenda Reports and Resolutions for City Council action for each claim below the
proposed settlement threshold, and decrease time spent in closed session on such
matters; and
WHEREAS, all the facts set forth in this Resolution are true and correct.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS
FOLLOWS:
Section 1. The City of Lynwood City Council hereby determines and finds that
the recitals above are true and correct and incorporates them herein as findings.
Section 2. The City Manager, or his or her designee, is authorized to allow,
compromise or settle claims, demands, and pending lawsuits against`the City that do not
exceed thirty thousand dollars ($30,000), including Workers' Compensation claims.
Section 3. All cases, regardless of settlement amount, shall be settled in
accordance with the Independent Cities Risk Management Authority's guidelines and
policies.
Section 4. Resolution No. 2006-169 is hereby repealed.
Section 5. This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2017.
Maria T. Santillan-Beas
Mayor
ATTEST: �--
01,1
Maria Quinonez
City Clerk41,
APPROVED AS TO/FORM: APPROV TO CONTENT:
�0,- Nuel-Tepia bratco L.e..
l. Alm . Martinez
City Attorney City Manager
STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 5th day of September 2017, and passed by the
following votes:
AYES:
NOES:
ABSTAIN:
BSENT:
4 e*4 �.`iAit.t4 IA '
40 aria Quinonez, City lerk
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of
the City Council of said City, do hereby certify that the above foregoing is a full, true and
correct copy of Resolution No. 2017- is on file in my office and that said
Resolution was adopted on the date and by the vote therein stated. Dated 5h day of
September 2017.
/ eic. ./ i/.th./f. Of
dffaria Quinonez, City lerk