ORDINANCE NO. 592-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING SECTION 2.08.060 OF THE MURRIETA MUNICIPAL CODE TO ADD A POWER AND DUTY OF THE CITY MANAGER TO AUTHORIZE THE SETTLEMENT OF CERTAIN CLAIMS BY THE CITY Summary: This ordinance establishes the City Manager’s authority to settle third party claims by the City up to $50,000.00.
WHEREAS, Murrieta Municipal Code (“MMC”) section 2.08.060 designates certain powers and duties to the City Manager; and WHEREAS, Government Code Section 949 authorizes the governing body of a local public entity, such as a city council, to delegate its authority to its attorney or employee to compromise any pending action; and WHEREAS, the City of Murrieta (“City”) aims to achieve best governmental practices and ensure organizational efficiency; and WHEREAS, pursuant to Government Code Section 949, the City Council now desires to delegate authority to the City Manager to settle claims the City has against third parties for amounts not to exceed $50,000.00.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.08.060 of the Murrieta Municipal Code is hereby replaced to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough:
“2.08.060 Powers and duties.
A. The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all affairs of the city which are under his or her control.
B. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall be expected to, and shall have the power to:
1. Enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed;
2. Appoint, remove, promote and demote the city clerk, the city treasurer, and any and all officers and employees of the city except elective officers and the city attorney subject to all applicable personnel rules and regulations which may be adopted by the city council; each officer and employee of the city who is appointed by the city manager is an "at will" employee serving at the pleasure of the city manager;
3. Control, order and give directions to all department heads who are subject to his or her appointment and removal authority, and to subordinate officers and employees of the city under his or her jurisdiction through their department heads;
4. Conduct studies and effect such organization and reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business;
5. Recommend to the city council for adoption such measures and ordinances as he or she deems necessary;
6. Attend all meetings of the city council unless excused therefrom by the mayor individually or the city council as a whole, except when his or her performance or removal is under consideration;
7. Prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval;
8. Direct and supervise all the purchasing activities of the city;
9. Keep the city council at all times fully advised as to the financial condition and needs of the city;
10. Make investigations into the affairs of the city and any department or division thereof and any contract or the proper performance of any of the obligations of the city; and further, to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city;
11. Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the city council;
12. Have the same authority as the mayor (as conveniences to the parties may dictate) to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action; and
13. Compromise or settle claims the City has against third parties for amounts not to exceed $50,000.00; and 13 14. Except as otherwise provided by law, the city manager can waive or refund any fee set forth in this chapter or any other fee levied by the city, up to the sum of five thousand dollars ($5,000.00), if the city manager finds one of the following conditions is met:
a. The service for which the fee was levied has not and will not be performed, or b. The fee was collected in error, or
c. For other good cause shown, provided such waiver/refund would serve a public purpose.
The city manager shall refer requests for waiver/refunds of fees over five thousand dollars ($5,000.00) to the city council which may waive or refund such fees if the council finds one of the above conditions is met.” SECTION 2. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.
SECTION 5. This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.
PASSED AND ADOPTED this ___ day of ________, 2023.
Lisa DeForest, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany J. Israel, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 23-_____ was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 2023, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 23-____ was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):
Adopted Ordinance: , 2023.
In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2023.
Cristal McDonald, City Clerk
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