HomeMy WebLinkAbout2015-041 - Authorizing City Staff to Settle Claims or Pending ActionsSMS — 07/29/15
RESOLUTION NO. 2015 -041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING CITY STAFF TO SETTLE
CLAIMS OR PENDING ACTIONS AGAINST THE CITY
THAT DO NOT EXCEED TWENTY -FIVE THOUSAND
DOLLARS ($25,000), INCLUDING WORKERS'
COMPENSATION CLAIMS AND REPEALING
RESOLUTION 81 -203 AND RESOLUTION 89 -093.
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 filled 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 sue. 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, many of the claims presented to the City are for sums under $25,000.
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 Personnel, or his /her designee, is
authorized to allow, compromise or settle claims against the City that do not exceed five
thousand dollars ($5,000) with consultation with the City Attorney;
Section 2. The Executive Director of Personnel, or his /her designee, and the City
Attorney are authorized to allow, compromise or settle claims against the City that
exceed five thousand dollars ($5,000), but do not exceed ten thousand dollars
($10,000).
Resolution No. 2015 -041
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Section 3. The Executive Director of Personnel, or his /her designee, the City
Attorney, and the City Manager are authorized to allow, compromise or settle claims
against the City that exceed ten thousand dollars ($10,000), but do not exceed twenty -
five thousand dollars ($25,000).
Section 4. The Executive Director of Personnel, or his /her designee, in
consultation with the City Attorney, is authorized to compromise or settle pending
actions, i.e., lawsuits, against the City that do not exceed five thousand dollars ($5,000).
Section 5. The Executive Director of Personnel, or his /her designee, and the City
Attorney are authorized to compromise or settle pending actions against the City that
exceed five thousand dollars ($5,000), but do not exceed ten thousand dollars
($10,000).
Section 6. The Executive Director of Personnel, or his /her designee, the City
Attorney, and the City Manager are authorized to compromise or settle pending actions
against the City that exceed ten thousand dollars ($10,000), but do not exceed twenty -
five thousand dollars ($25,000).
Section 7. This Resolution specifically allows the Executive Director of
Personnel, or his /her designee, to compromise or settle workers' compensation claims
within the parameters established above for claims against the City.
Section 8. Resolution No. 81 -203 is hereby repealed.
Section 9. Resolution No. 89 -093 is hereby repealed.
Section 9. 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 4t" day of August, 2015
Vincent Sarmiento Mayor Pro Tern
for Miguel A. Pulido Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attor y
A,
v V
By: i
Sandr . Sch arzmann
Senior Assistant City Attorney
Resolution No. 2015 -041
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AYES: Councilmembers: Amezcua, Benavides, Reyna, Sarmiento (4)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Martinez, Pulido, Tinalero (3)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015 -041 to be the original resolution adopted by the City Council of the
City of Santa Ana on August 4 2015.
Date: 12 ul ._ !1�411-e Z.
Clerk of the Council
City of Santa Ana
Resolution No. 2015 -041
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