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HomeMy WebLinkAbout2376 ORDINANCE NO. 2376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTION 1902 OF ARTICLE I, CHAPTER 9, OF THE ARCADIA MUNICIPAL CODE INCREASING SETTLEMENT AUTHORITY OF CITY MANAGER WHEREAS, Article I, Chapter 9, Section 1902 of the Arcadia Municipal Code states that the City Council delegates to the City Manager the authority to allow, compromise, or settle claims for an amount up to Ten Thousand Dollars ($10,000); and WHEREAS, the authority granted to the City Manager to settle liability claims was last increased in 1992; and WHEREAS, it is the intent of the City Council to promote greater efficiency in the settlement and compromise of claims against the City; and WHEREAS, it is the intent of the City Council to increase the settlement authority of the City Manager to up to $25,000. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein. SECTION 2. Article I, Chapter 9, Section 1902 of the Arcadia Municipal Code is amended to read as follows: "1902 AUTHORITY OF CITY MANAGER The City Council delegates authority to the City Manager and his or her designee to review all claims for sufficiency and to reject any and all claims. The City Council delegates to the City Manager authority to allow, compromise, or settle claims for an amount up to Twenty-Five Thousand Dollars ($25,000). The City Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of Twenty-Five Thousand Dollars ($25,000)." SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional or otherwise legally ineffective, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional or otherwise legally ineffective. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31St) day after its adoption. 2 Passed, approved, and adopted this 20th day of April, 2021. Mayor of the of Arcadia ATTEST: d4't)" City CIF APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2376 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 20th day of April, 2020 and that said Ordinance was adopted by the following vote, to wit: AYES: Beck, Chandler, Verlato, Cheng, and Tay NOES: None ABSENT: None 11-161 ' ' Clerk o City of Arcadia 4