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ARA-2011-013 RESOLUTION NO. ARA- 2011 -013 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY CONFORMING THE PROCEDURES GOVERNING THE PRESENTATION, CONSIDERATION AND ENFORCEMENT OF CLAIMS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY WITH THOSE OF THE CITY OF ANAHEIM AND DELEGATING AUTHORITY TO COMPROMISE CERTAIN CLAIMS AND SETTLE CERTAIN LITIGATION CONCERNING CLAIMS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY TO THE CITY MANAGER, THE RISK MANAGER AND THE CITY ATTORNEY WHEREAS, the Anaheim Redevelopment ( "Agency ") is a community redevelopment agency organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; herein referred to as the "CRL "), and authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council ( "City Council ") of the City of Anaheim ( "City "); and WHEREAS, the State Legislature has heretofore enacted Part 3 of Division 3.6 of Title 1 (commencing with Section 900) of the Government Code of the State of California (hereinafter the "Claims Law "), which, among other matters, prescribes the procedures relating to determinations by local public entities, including the Agency, concerning (i) the form of claims against local public entities or against officers, agents and employees thereof (Section 910.4), (ii) the sufficiency of claims presented (Section 910.8), (iii) the presentment of late claims (Sections 911.3, 911.6, 912.2), and (iv) action on claims presented (Section 912.6); and WHEREAS, Section 935.4 of the Government Code provides that a local public entity may authorize an employee of the local public entity to perform those functions of the governing body of the public entity under the Claims Law that are prescribed by the local public entity, including authorizing such employee to allow, compromise, or settle a claim against the public entity if the amount to be paid pursuant to the allowance, compromise or settlement does not exceed fifty thousand dollars ($50,000); and that a charter provision, ordinance or resolution may provide that, upon written order of that employee, 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, the governing board of the Agency hereby desires to delegate the authority which it is authorized to delegate pursuant to the Claims Law in the manner hereinafter provided; and WHEREAS, in addition to the procedures prescribed by the State Legislature under the Claims Law, the governing board of the Agency desires to conform the procedures presentation, consideration and enforcement of claims against the Agency or against officers, agents and employees of the Agency with the procedures prescribed by Section 1216 of the Charter of the City of Anaheim governing the presentation, consideration and enforcement of claims against the City of Anaheim or against officers, agents and employees thereof. NOW, THEREFORE, BE IT RESOLVED: Section 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 2. Pursuant to Section 935.4 of the Government Code of the State of California, the governing board of the Agency does hereby authorize, order and direct the City Manager and /or the Risk Manager to approve, deny and otherwise make determinations concerning (i) the form of claims, (ii) the sufficiency of claims presented against the Agency, and (iii) the presentment of late claims. Section 3. Pursuant to Section 935.4 of the Government Code of the State of California, the governing board of the Agency does hereby authorize, order and direct the City Manager and /or the Risk Manager to allow, compromise or settle a claim against the Agency provided the amount to be paid by the Agency pursuant to the allowance, compromise or settlement does not exceed Fifty Thousand and No /100 Dollars ($50,000.00). The City Manager and /or the Risk Manager are hereby authorized, ordered and directed to execute any agreements and other documents on behalf of the Agency which may be necessary to accomplish and complete any such allowance, compromise or settlement. Section 4. The governing board of the Agency does hereby authorize, order and direct the City Attorney to allow, compromise or settle any litigation to which the Agency is a party, or to which any officer or employee of the Agency is a party and as to which the Agency is required by law to indemnify such officer or employee, provided the amount to be paid by the Agency pursuant to the allowance, compromise or settlement does not exceed Fifty Thousand and No /100 Dollars ($50,000.00), or, in the event the Agency is a party plaintiff in the litigation, the amount due to the Agency does not exceed the amount of the settlement by more than Fifty Thousand and No /100 Dollars ($50,000.00). The City Attorney is hereby authorized, ordered and directed to execute any and all agreements and other documents on behalf of the Agency which may be necessary to accomplish and complete any such allowance, compromise or settlement. Section 5. Nothing contained herein shall prevent the governing board of the Agency from reviewing, considering or acting upon any claim or litigation matter at its sole and absolute discretion. Section 6. In the absence of applicable procedures prescribed by the State Legislature under the Claims Law or under the CRL and to the extent that the same are not inconsistent therewith, the following provisions of this Section 6 shall govern the presentation, processing and payment of all claims and demands against the Agency, which are intended to and do conform with the procedures prescribed by Section 1216 of the Charter of the City of Anaheim governing the presentation, consideration and enforcement of claims against the City or against the officers, agents and employees of the City. (a) All claims for damages against the Agency must be presented in writing to the Secretary of the Agency within six (6) months after the occurrence, event or transaction from which the damages allegedly arose, and shall set forth in detail the name and address of the claimant, the time, date, place and circumstances of the occurrence and the extent of the injuries or damages sustained. (b) All such claims shall be approved or rejected in writing by order of the governing board of the Agency and the date thereof given. (c) All other demands against the Agency must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. (d) Each such demand shall be presented to the Treasurer of the Agency within one hundred (180) days after the last item of the account or claim accrued. The Treasurer of the Agency shall examine the same. If the amount thereof is legally due and there remains on his /her books an unexhausted balance of any appropriation against which the same may be charged, he /she shall approve such demand and either draw his /her warrant on the Agency Treasurer therefor or, where such procedure is authorized by the governing board of the Agency, prepare a check or other negotiable instrument drawn on a Agency depository to be approved and signed by the Agency Treasurer and countersigned by the Chairman of the Agency, payable out of the proper fund or account. Otherwise he /she shall reject it. (e) Objections of the Treasurer of the Agency may be overruled by the governing board of the Agency and the warrant or negotiable instrument ordered drawn. The Treasurer of the Agency shall transmit such demand, with his /her approval or rejection thereof endorsed thereon, and warrant or negotiable instrument, if any, to the City Manager. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Manager before payment; otherwise it shall require the approval of the governing board of the Agency, following the adoption by it of any amendment to the budget authorizing such payment. (f) Any person dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the governing board of the Agency within the time required by law which, after examining into the matter, shall approve or reject the demand in whole or in part. (g) No suit shall be brought for money or damages against the Agency or any board, commission or officer thereof on any cause of action for which this Resolution or the Claims Law requires a claim to be presented, until a claim or demand for the same has been presented in accordance with this Section 6 provided that such claim or demand has been rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. Failure to complete action approving or rejecting any claim or demand within forty -five (45) days from the day the same is presented shall be deemed a rejection thereof, unless such time is extended by mutual agreement of the Agency and the claimant. Section 7. If and to the extent any prior resolutions of the governing board of the Agency are inconsistent or in conflict with the subject matter of this Resolution, then such prior resolutions are hereby repealed and the terms and provisions of this Resolution shall control and govern the subject matter hereof. Section 8. This Resolution shall be effective immediately upon adoption. THE FOREGOING RESOLUTION is approved and adopted by the governing board of the Anaheim Redevelopment Agency this 27th day of September , 2011, by the following roll call vote: AYES: Chairman Tait, Agency Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None ANAHEIM REDEVELOPMENT AGENCY CHAIRMAN ATTEST: Lib / 11 _ „-A4p SECRETARY OF T' E ANA r REDEVELOPMENT AGENCY 86272