HomeMy WebLinkAbout2026-04-14; Public Financing Authority; Resolution 102Exhibit 3 RESOLUTION NO. 102 .
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD PUBLIC
FINANCING AUTHORITY DELEGATING SETTLEMENT AUTHORITY TO THE
EXECUTIVE DIRECTOR AND THE CITY OF CARLSBAD’S RISK MANAGER FOR
LIABILITY CLAIMS AND LITIGATION BY AND AGAINST THE AUTHORITY
WHEREAS, the effective and expedient administration of the liability self-insurance program
requires that the authority to reject, return, deny and settle claims be clearly defined and established;
and
WHEREAS, the Board of Directors has not previously delegated any settlement authority for
liability claims and litigation; and
WHEREAS, delegating settlement authority to the Executive Director for liability claims and
litigation will improve efficiencies and expedite the resolution of claims and litigation for and against
the authority.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Public Financing Authority
of the City of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That an action to delegate settlement and claims handling authority to the Executive
Director and the City of Carlsbad’s Risk Manager is exempt from environmental review
under California Environmental Quality Act, or CEQA, Guidelines Sections 15061(b)(3)
and 15378(b)(5) as it can be seen with certainty that there is no possibility the action
may have a significant effect on the environment.
3.That the Executive Director with the concurrence of the General Counsel shall have the
authority to settle liability claims and litigation in which the authority is a defendant,
respondent or similarly situated party when the amount to be paid pursuant to the
settlement does not exceed $50,000 per individual party or claimant.
4.That the Executive Director with the concurrence of the General Counsel shall have the
authority to settle claims and litigation in which the authority is a claimant, plaintiff,
petitioner or similarly situated party when the amount to be paid pursuant to the
settlement does not exceed $50,000 and when the Executive Director in consultation
with the General Counsel determines that the subject matter involves issues that are
routine in nature and do not present sensitive issues of policy.
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Docusign Envelope ID: A1731998-EBC8-4DBC-8654-E64B91CAF978
5.That the Executive Director with the concurrence of the General Counsel shall have the
authority to initiate proceedings, including filing a complaint or cross-complaint, to
obtain indemnity or contribution.
6.That the Executive Director with the concurrence of the General Counsel shall have the
authority to waive the recovery of fees and costs in any amount in exchange for the
dismissal of litigation against the authority.
7.That the City of Carlsbad’s Risk Manager shall have the authority to process all liability
claims against the authority.
8.That the City of Carlsbad’s Risk Manager shall have the authority to reject, return, and
deny liability claims against the authority, including claims more than $50,000.
9.That all settlement authority for liability claims and litigation not expressly granted by
this resolution is reserved to the Board of Directors.
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the City Council of the City of Carlsbad,
the Board of Directors of Carlsbad Municipal Water District, the Board of Directors of the Carlsbad
Public Financing Authority, and the Community Development Commission on the 14th day of April,
2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Chairperson
______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
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Docusign Envelope ID: A1731998-EBC8-4DBC-8654-E64B91CAF978