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
WHEREAS, 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; and WHEREAS, 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 allow, compromise, or settle pending tort claims against the City in an amount not to exceed Fifty Thousand Dollars; and
WHEREAS, California Government Code Section 949 further permits the City Council to delegate its authority to compromise or settle all other pending actions against the City, including claims and lawsuits; and
WHEREAS, City Council consideration of each and every claim or action against the City is an inefficient use of both City Council and staff time and has the potential to unnecessarily extend the length of City Council meetings; and WHEREAS, the City Council desires 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 the amount not to exceed Five Thousand Dollars ($5,000).
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. The City Manager is authorized, in consultation with the City Attorney, to allow, compromise, or settle any tort claim or other pending action (not including Worker’s compensation claims) against the City, and to carry out all administrative functions related thereto, in an amount not to exceed Five Thousand Dollars ($5,000).
2. All settlements will be reported to the City Council in writing.
3. This resolution shall take effect immediately upon its adoption by the City Council.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 5
th day of May, 2025 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST
Mary Villegas, Deputy City Clerk