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REQUEST FOR <br />r <br />COUNCIL • <br />CITY w.a�. <br />COUNCIL DATE: <br />AUGUST 4, 2075 <br />TITLE: <br />RESOLUTIONS - ADOPT A GOVERNMENT TORT <br />CLAIMS PROCEDURE AND AUTHORIZE CITY STAFF <br />TO SETTLE LIABILITY CLAIMS AND PENDING <br />ACTIONS THAT DO NOT EXCEED $25,000 <br />?STRATEGIC PLAN NO.4} {STRATEGIC PLAN NO. 4) <br />CITY MANAGER <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on I' Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />I�I��rtl•1�IY�C7 <br />Adopt a Resolution for an updated Government Tort Claims Procedure and a Resolution <br />authorizing City staff to settle claims or pending lawsuits that do not exceed $25,000 as allowed <br />by California Government Code Sections 935.4, 949, including Workers' Compensation claims. <br />DISCUSSION <br />The City Attorney's office recommends that the City Council adopt an updated Resolution that <br />concisely and more fully addresses the Government Tort Claims Procedure set forth in the <br />Government Code. <br />Additionally, the other Resolution provides for an increase in the settlement authority of certain <br />City staff within specific parameters that will allow the City Council to focus on other important <br />matters of City business instead of the compromise or settlement of claims and pending lawsuits <br />that do not exceed $25,000. These parameters will include the settling of workers' compensation <br />claims submitted to the City. <br />California Government Code Section 935.4 allows this Council by resolution to authorize an <br />employee of the City to allow, compromise or settle a claim against the City which would <br />otherwise be filled and borne by the City Council. Likewise, California Government Code section <br />949 allows this Council to delegate its authority to its attorney or employee to compromise any <br />pending action. <br />A resolution conforming to the parameters below to settle claims and pending lawsuits will <br />increase efficiencies and will positively affect the City Council, the Risk Management department, <br />Workers' Compensation Department, the City's Attorney's Office and the City Manager's office: <br />55B -1 <br />