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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.