HomeMy WebLinkAbout2018-045 - Liability Claims And/Or Pending Litigation, Repealing Resolution 2015-041LAR — 06/19/18
RESOLUTION NO. 2018-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING CITY STAFF TO SETTLE
LIABILITY CLAIMS AND/OR PENDING LITIGATION
AGAINST THE CITY UP TO FIFTY THOUSAND DOLLARS
AND WORKERS' COMPENSATION CLAIMS FOR UP TO
ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND
REPEALING RESOLUTION 2015-041
Whereas, California Government Code Section 900 et seq. establishes general
provisions regarding the processing of claims filed against cities, and authorizes cities to
adopt local procedures not in conflict with state law;
Whereas, California Government Code Section 935.4 allows this Council by
resolution to authorize an employee of the City to allow, compromise or settle a claim
against the City which would otherwise be filed and borne by the City Council;
Whereas, California Government Code section 949 allows this Council to
delegate its authority to its attorney or employee to compromise any pending action.
Whereas, the City of Santa Ana is permissibly self-insured for Workers'
Compensation pursuant to the provisions of Sections 3700 et seq. of the California
Labor Code;
Whereas, consideration by the City Council of every claim or action presented
can occupy an inordinate amount of time, preventing the City Council from considering
other important matters of City business; and
Whereas, a survey was conducted by Human Resources staff and it was
discovered that many Orange County cities delegate authority to settle litigation and
claims in excess of the twenty-five thousand dollars currently authorized by the City
Council.
Whereas, increasing the authority to settle claims and litigated matters would
increase efficiency and streamline internal processes.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The Executive Director of Human Resources, or his/her designee, is
authorized to allow, compromise or settle liability claims and/or pending litigation (i.e.
lawsuits) against the City up to twenty-five thousand dollars ($25,000);
Section 2. The Executive Director of Human Resources, City Attorney, and City
Manager or their respective designees are authorized to allow, compromise or settle
Resolution No. 2018-045
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liability claims and/or pending litigation (i.e. lawsuits) against the City for twenty-five
thousand and one dollars ($25,001) up to fifty thousand dollars ($50,000);
Section 3. The Executive Director of Human Resources or his/her designee is
authorized to compromise or settle workers' compensation claims, including stipulated
judgments, liens resulting from claims, bills and invoices relating to management of the
claim, up to one hundred and fifty thousand dollars ($150,000.00) with the approval of
the City Attorney and City Manager or their respective designees.
Section 4. All settlements of claims, litigation and worker's compensation claims
pursuant to this Resolution will be reported to the City Council on a quarterly basis in a
similar manner to the contracts for less than twenty-five ($25,000) approved by the City
Manager.
Section 5. Resolution No. 2015-041 is hereby repealed.
Section 6. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 19th day of June, 2018.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:QavS _
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers Benavides, Pulido, Sarmiento, Solorio
Tinaiero Villegas (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Martinez (1)
Resolution No. 2018-045
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2018-045 to be the original resolution adopted by the City Council of the
City of Santa Ana on June 19, 2018.
Date:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2018-045
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