{00111814 1}ACTION:
____________________________
Clerk/Secretary
Department: City Attorney Item No: C08
Prepared by: Walter Chung, City Attorney Meeting Date: September 26, 2023 Approved by: John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: INCREASE CITY MANAGER AND RISK MANAGER SETTLEMENT AUTHORITY RECOMMENDATION: Adopt City Council Resolution No. 2023- , granting settlement authority to the City Manager and Risk Manager (increasing amount).
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTIONS: On August 24, 2004, adopted City Council Resolution No. 2004-159, granting settlement claim and claim processing authority to the City Manager and Risk Manager (allowed the City Manager and the Risk Manager to reject claims in excess of $25,000) (Vote: 5-0).
On April 23, 2002, adopted City Council Resolution No. 2002-104, granting settlement authority to the City Manager and Risk Manager (provided the Risk Manager, after consultation with the City Attorney with up to $10,000 settlement authority and the City Manager, after consultation with the City Attorney, with $25,000 settlement authority) (Vote: 4-0, one vacancy).
On March 23, 2002, adopted City Council Ordinance No. 2002-15, Adding Chapter 1.28 of the Vista Municipal Code Regarding Claims Made Against the City and repealing portions of Chapter 3.12 of the Vista Municipal Code regarding claims against the City (Vote: 4-0, one vacancy).
STATEMENT ON THE SUBJECT: Twenty-three years ago, for claims made against the City, the City Council delegated $25,000 in settlement authority to the City Manager and $10,000 to the Risk Manager.
Over the past 23 years, the average dollar amount of the claims made against the City exceed $25,000.
Vista Municipal Code section 1.28.060 allows the City Council to delegate to the City Manager and/or Risk Manager authority to settle claims filed or made against the City. California Government Code section 935.4 caps the amount the City Council may delegate at $50,000.
FISCAL IMPACT: None.
EXHIBITS:
1.City Council Resolution No. 2023- , granting settlement authority to the City Manager and Risk Manager (increasing amount)
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2023-167.
Vote: 5-0
{00111815 1}
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, GRANTING SETTLEMENT AUTHORITY TO THE CITY
MANAGER AND RISK MANAGER
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A.Vista Municipal Code section 1.28.060 authorizes the City Council to delegate settlement authority to the City Manager and Risk Manager, in consultation with the City Attorney.
B.Government Code section 935.4 authorizes the City Council to delegate settlement authority to the City Manager and Risk Manager, in consultation with the City Attorney, in the maximum amount of $50,000.
2. Action.
A.After consultation with the City Attorney, the Risk Manager may settle claims, including, liability and worker’s compensation claims, in an amount not to exceed $25,000.
B.After consultation with the City Attorney, the City Manager may settle claims, including, liability and worker’s compensation claims, in an amount not to exceed $50,000.
C.Settlements of claims in excess of $50,000 may only be approved by the City Council.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 26, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230913144724
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
09/26/2023 C08 2 of 2
EXHIBIT 1