City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 5, 2025
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2025-18 Delegating Limited Authority to the City Manager to Settle Claims Against the City
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2025-18, A Resolution of the City Council of the City of Gonzales Delegating Limited Authority to the City Manager to Settle Claims Against the City.
BACKGROUND AND DISCUSSION
The California Tort Claims Act (California Government Code Section 900 et seq.) (the “Act”) establishes general provisions regarding the processing of tort claims filed against cities and authorizes cities to adopt local procedures not in conflict with state law. The City’s current practice is to bring all claims forward to the City Council for consideration and either approval or rejection at noticed Council meetings in closed session.
As an alternative to this process, California Government Code Section 935.4 permits the City Council, by resolution, to authorize an employee of the City to perform claims administration functions under the Act and to further authorize said employee to allow, compromise, or settle a pending tort claim against the City in an amount not to exceed Fifty Thousand Dollars. Somewhat similarly, California Government Code Section 949 permits the City Council to delegate its authority to compromise or settle pending actions against the City, including claims and lawsuits.
The City receives many claims for relatively small amounts on an annual basis. Moreover, many of these claims can be rejected for a variety of procedural or factual reasons that don’t necessarily require Council consideration. As such, City Council consideration of each and every claim or action against the City is AGENDA
ITEM
16 an inefficient use of both City Council and staff time and has the potential to unnecessarily extend the length of City Council meetings.
In light of the foregoing, staff is recommending that the City Council take action via resolution to delegate limited administrative functions under the Act to the City Manager, as well as authority, after consultation with the City Attorney, to settle all claims and pending actions against the City in an amount not to exceed Five Thousand Dollars ($5,000). All such actions would be reported out to the Council in writing.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: The proposed delegation of claims and action disposition to the City Manager should increase claims-handling efficiency, which is beneficial to the City’s constituents, Staff and the Council.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes _____No _____ NA
Explain: Please see explanation above for the Vision.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: Please see explanation above for the Vision.
ALTERNATIVES
The Council has the option not to approve the Resolution delegating limited settlement authority to the City Manager, which is not recommended due to the benefits of such action as stated above. The Council could also consider a higher dollar range for the City Manager’s settlement authority.
BUDGET IMPACT
There will be no direct budget impact.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2025-18, A Resolution of the City Council of the City of Gonzales Delegating Limited Authority to the City Manager to Settle Claims Against the City.
Attachments:
1. Resolution No. 2025-18