HomeMy WebLinkAbout86-131 - ResolutionsRESOLUTION N0. 86-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, SETTING FORTH ADMINISTRATIVE PROCEDURES FOR THE
PURPOSE OF ADJUSTING AND SETTING CLAIM AND ACTIONS AGAINST
THE CITY AND AUTHORIZING CERTAIN CITY EMPLOYEES TO
COMPROMISE OR SETTLE CERTAIN CLAIMS AND ACTIONS AGAINST THE
CITY
A. Recitals.
(i) The City of Rancho Cucamonga is self-insured for liability
claim and actions.
(ii) The City of Rancbo Cucmaonga has retained an independent
adjusting firm to administer the City's self-insurance program, including the
analysis and investigation of claims and actions.
(iii) California Government Code Section 935.4, a portion of the
California Tort Claims Act, provides, in pertinent part, as follows:
"A .... local public entity by . . · resolution, may
authorize an employee of the local public entity to perform
such functions of the governing body of the public entity
under this part as are prescribed by the local public
entity, . . . A . . . resolution may provide that, upon the
written order of such employee, the auditor or other fiscal
officer of the local public entity shall cause a warrant to
be issued upon the treasury of the local public entity in
the amount for which a claim has been allowed, compromised
or settled."
(iv) The City Council desires to set forth administrative procedures
for the prompt settlement of meritorious claims and actions aod to minimize
administrative and legal costs incurred by the City.
B. Resolution.
NOW, THEREFORE, be it found, determined and resolved as follows:
1. In all respects as set forth in the Recitals, Part A,
of this Resolution.
The Administrative Services Director, is authorized to
allow, compromise and/or settle claims against the
City of Rancbo Cucamonga, without prior approval of
this City Council, when the amount of any such
allowance, compromise or settlement does not exceed
the sum of Five Thousand Dollars ($5,000.00).
Any proposed settlement of any claim or action in
excess of Five Thousand Dollars ($5,000.00) shall
first be approved by this City Council·
Whenever a claim or action has been filed against the
City, and after investigation and analysis, the
Administrative Services Director determines that the
City may be partially or wholly liable thereon and
that such claim or action is meritorious, the
Administrative Services Director may allow, compromise
and/or settle any such claim or action in accordance
with the procedures set forth herein. (Any payment
Resolution No. 86-131
Pa~e 2
shall be conditioned upon the receipt, by the City
Attorney, of fully executed releases, dismissals or
similar documents in form and content approved by the
City Attorney.)
The Administrative Services Director is hereby
authorized and directed to reject and/or deny claims,
applications to file late claim and to otherwise
administer the procedures set forth in State law
concerning claims against the City, including the
provision of requisite notice to claimants.
PASSED, APPROVED, and ADOPTED this 7tb day of May, 1986.
AYES: Mikels, Buquet, King, Dahl, Wright
NOES: None
ABS~T: None
ATTEST:
Beverly A. ~uthelet, City Clerk
I, BEVERLY A. AUTRELET, CITY CLERK of the City of Rancbo Cucamonga,
California, do hereby certify that tbe foregoing Resolution was duly passed,
approved, and adoptad by the City Council of the City of ILancbo Cucamonga,
California, at a reSulsr meeting of said City Council held on tbe 7th day of
May, 1986.
Executed this 8th day of May, 1986 at Rancho Cucamonga, California.