HomeMy WebLinkAboutOrdinance 2573 N.C.S. 03/21/20161
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EFFECTIVE DATE
OF ORDINANCE
April 21, 2016
Introduced by
Kathy Miller
ORDINANCE NO. 2573 N.C.S.
Seconded by
Teresa Barrett
AMENDING SECTION 1.18.020 OF THE PETALUMA MUNICIPAL CODE
TO INCREASE THE CITY MANAGER'S SELF-INSURED RETENTION
PROGRAM CLAIM SETTLEMENT AUTHORITY
WHEREAS, the City of Petaluma has adopted a Self -Insured Retention Program for its
liability and property damage insurance; and,
WHEREAS, California Government Code Section 935.4 provides that the legislative
body of a local public entity may by ordinance or resolution authorize an employee to
allow, compromise or settle claims against the entity if the amount to be paid pursuant to
the allowance, compromise or settlement does not exceed $50,000; and
WHEREAS, Government Code Section 935.4 further provides that upon the written
order of public entity employees authorized to settle claims under that section, the auditor
or other fiscal officer of the local public entity shall cause a warrant to be issued upon the
treasury of the local public entity in the amount for which a claim has been allowed,
compromised or settled; and
WHEREAS, on February 20, 1990, the City Council of the City of Petaluma adopted
Resolution No. 90-52 N.C.S. authorizing the City Manager to settle claims against the City up
to a maximum amount of $10,000; and
WHEREAS, in 2003 the City Council adopted Ordinance 2169 N.C.S, codified as Chapter
1.18 of the Petaluma Municipal Code entitled "Claims Against the City" governing treatment of
claims against the City; and
WHEREAS, on April 15, 2004, the City Council adopted Ordinance No. 2177 N.C.S.
amending section 1. 18.020 of Chapter 1.18 of the Petaluma Municipal Code to authorize the
City Manager to allow, compromise or settle claims against the City for amounts of up to $20,000
or less; and
WHEREAS, it is in the interest of efficient and cost-effective operation of the City's
Self -Insured Retention Program for the City Council to increase the value of claims that the
City Manager may settle on behalf of the City so as to provide the City Manager the
maximum ability to resolve disputes involving the City while minimizing the City's costs of
dispute resolution due to use of contract risk management services, in-house legal services,
and outside legal counsel.
Ordinance No. 2573 N.C.S.
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Petaluma as follows:
Section 1. Section 1.18.020 Amended. Section 1.18.020 of the Petaluma Municipal Code is
hereby amended to read as follows
1. 18.020 Action by city.
The city shall process and take action upon a claim submitted pursuant to this chapter,
pursuant to the requirements of Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the
Government Code, within forty-five days of its filing with the city clerk. If the city fails to
do so, the demand or claim shall be deemed to have been rejected on the last day of
the period within which the city was require to act. Action by the city shall otherwise be
subject to the provisions of Section 912.4 of the Government Code. The city manager
and city risk manager are authorized to perform these functions relating to consideration
of claims. The city manager is authorized pursuant to Government Code Section 935.4 to
allow, compromise or settle claims against the city if the amount to be paid pursuant to
the allowance, compromise or settlement does not exceed $50,000.00. Upon the city
manager's written order, the city's chief fiscal officer shall cause a warrant to be issued
upon the city treasury in the amount for which a claim has been allowed, compromised
or settled in accordance with the authority granted to the city manager pursuant to this
section.
Section 2. Resolution No. 90-52 N.C.S. Repealed. Resolution No. 90-52 N.C.S. adopted
February 20, 1990, is hereby repealed in its entirety.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 4. Publication. The City Clerk is hereby directed to publish or post this ordinance or a
synopsis for the period and in the manner provided by the City Charter and any other
applicable law.
INTRODUCED and ordered posted this 7th day of March, 2016.
ADOPTED this 22nd day of March, 2016, by the following vote:
Ayes:
Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
Noes:
None
Abstain:
None
Absent:
Albertson
David Glass, Mayor
Ordinance No. 2573 N.C.S.
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ATTEST:
Claire Cooper, City Clerk
APPROVED AS TO FORM:
Eric W. Da City Attorney
Ordinance No. 2573 N.C.S.
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