HomeMy WebLinkAboutAgenda Bill 2.A 03/01/2004rye'
CITY OF PETALUMA, CALIFORNIA Ma rch � , �(°
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AGENDA SILL
Agenda Title Introduction. of Ordinance Amending Petaluma
Meeting Date:
Municipal Code Chapter 1.18,, "Claims Against City," to Authorize
`March 1, 2004
the City Manager to Settle Claims for Amounts of $20,000 or less.
Meeting Time 3:00 PM
❑ 7:00 PM
Category (check one) ❑ Consent Calendar ❑ Public Hearing New Business
❑ Unfinished Business ❑ Presentation
Department
Director
Contact Person
Phone Number
City Manager
Mike Bierman
Richard Rudnansky
(707) 778 -4362
City Attorney
Richard Rudnansky
Cost of Proposal
Account.Number
Unknown.
N/A
Amount Budgeted
Name of Fund:
N/A
N/A
Attachments to Agenda Packet Item Ordinance 'amending Petaluma Municipal Code Chapter 1.18,
"Claims Against City," to authorize the City Manager to settle claims for amounts less than $20,000.
Summary Statement In 2003, the, City adopted Petaluma Municipal, Code Chapter 1. 18, "Claims Against
City," to require that all claims, including those exempt under the Tort, Claims Act and from all members of
a class action, be presented to the City prior to the initiation of litigation. The attached ordinance amends
PMC Chapter 1.18, raising the City Manager's authority to settle claims against the City from $10,000 or
less to $20,000 or less.
Recommended City Council Action /Suggested Motion Introduce and adopt the attached ordinance
amending Petaluma Municipal Code Chapter 1..18, `.`Claims Against City," to authorize the City Manager to
settle claims for amounts of $20,000 or less.
Reviewed by Finance Director:
evie. Attorney:
Date: 2/18/04
,A roved bv City Manager:
Date:
Da�
Today's Date
Revision # and Date Revised:
File Code:
#
February 18, 2004
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i n]
2/1.8104'(fmk)
Wanage #678646
V
CITY OF PETALUMA, CALIFORNIA
MARCH 1, 2004
AGENDA REPORT
FOR
AN ORDINANCE OF THE COUNCIL OF THE CITY OF'PETALU VIA AMENDING
PETALUMA MUNICIPAL CODE CHAPTER 1. -18, "CLAIMS AGAINST CITY," TO
AUTHORIZE THE CITY MANAGER TO SETTLE CLAIMS FOR AMOUNTS OF $20,000
OR LESS
EXECUTIVE SUMMARY The attached ordinance amends .Petaluma Municipal Code
Chapter 1.18, "Claims Against City." The ,amendment raises the City Manager's
authority to settle claims against the City from $10,000 or less to $20,000 or less.
BACKGROUND In 2003, the City Council adopted Ordinance No_ 2169. This ordinance
added Petaluma Municipal Code, Chapter 1. 18, "Claims Against City," to require that all
claims, including those ,exempt under the Tort Claims Act and ,from all members of a
class action, be presented to the City prior to the initiation of litigation. The ordinance
also codified the City's the longstanding policy of allowing the City Manager to settle
claims for $10;000 or less.
The City Manager has requested the authority to settle claims for amounts of $20,000 or
less. This expanded authority would eliminate the need for the City Council to review
• and approve settlements for relatively low amounts.
This amount of settlement t. authority is well within the norm of settlement authority
granted to city managers. (For example, the City of Rancho Cordova recently adopted an
ordinance authorizing.its City`Manager to settle claims for amounts less than $60,000.)
3. ALTERNATIVES The City could continue to authorize -the City Manager to settle claims
for $10,000 or less.
4. FINANCIAL IMPACTS The Ordinance expands the City Manager's authority for settling
claims, reducing City Council time spent reviewing claims for low- amounts against the
City.
5, CONCLUSION Approve the attached ordinance amending Petaluma Municipal Code
Chapter !J,8, "Claims Against City," to authorize the City Manager to settle claims for
-amounts less than $20,000.
6. OUTCOMES- OR PERFORMANCE MEASUREMENTS, THAT WILL IDENTIFY SUCCESS OR
COMPLETION: City Manager may settle claims'; against the City for amounts less than
$20000.
7. RECOMMENDATION The Council introduce the attached ordinance, amending Petaluma
Municipal Code Chapter 1.1.8, "Claims Against City," to authorize the City Manager to
settle claims for amounts of $20,000 or less.
2/.18/04 (fork)
Manage #678649
ORDINANCE NO. N.C.S.
Introduced by Seconded by
AN ORDINANCE OF. THE COUNCIL OF THE CITY OF PETALUMA
AMENDING PETALUMA MUNICIPAL CODE CHAPTER 1.18
"CLAIMS AGAINST CITY;' TO AUTHORIZE'THE CITY MANAGER
TO SETTLE CLAIMS FOR AMOUNTS OF $20,000 OR LESS
BE IT ORDAINED BY THE COUNCIL OF THE 'CITY OF PETALUMA AS
FOLLOWS:
Section-1 Section "1.18.20, "Action by City," of Chapter 1.18 of the Petaluma Municipal
Code, "Claims Against City," is hereby amended as follows:
1.18.20. 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 ofAhis ordinance, within 45 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 required to act. Action by the City shall
otherwise be, subject to the provisions of section 912.4 of the Government Code. The City
Manager landi City Risk Manager is authorized, to perform these functions relating to
consideration of claims. The City Manager.is also authorized to allow, compromise or
settle a claim against the City if the amount is 3-1 )-,0 0$20,000 or less.
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Section 2 . Severability. If any section, subsection, sentence, clause or phrase or word of this
ordinance: is for ariy,reason held to be unconstitutional, unlawful or otherwise °invalid by a court
of competent jurisdiction, such decision 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 lirre§pective of the fact that
any one or more of said provisions-be declared unconstitutional, unlawful.or otherwise invalid.
Section 3 . Effective Date. This ordinance shall become :effective thirty (30) days after
the date of its adoption'by the Petaluma City Council.
Section 4 . Posting. The City Clerk is hereby directed to post this ordinance. for the
period and in the manner required by the City Charter.
INTRODUCED and. ordered posted /published this day of February, 2004:,
ADOPTED this day of , 2004 by the following vote:
AYES
NOES:
ABSENT:
ATTEST:
City Clerk
2/18%04 (6k)
Manage #E678642
Mayor
APPROVED AS TO FORM:
City Attorney
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