RES-2008-024SECTION 1.
RESOLUTION NO. 2008- 024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DELEGATING CERTAIN AUTHORITY
CONCERNING CLAIMS AGAINST THE CITY, AND
INCREASING THE AUTHORITY OF THE CITY MANAGER,
RISK MANAGER AND CITY ATTORNEY TO COMPROMISE
CLAIMS AND SETTLE LITIGATION
WHEREAS, Section 1216 of the Charter of the City of Anaheim provides that procedures
prescribed by the State Legislature governing the presentation, consideration and enforcement of
claims against chartered cities or against officers, agents and employees thereof shall apply to the
presentation, consideration and enforcement of claims against the City of Anaheim (hereinafter
"claims and
WHEREAS, the State Legislature has heretofore enacted Part 3 of Division 3.6 of Title 1
(commencing with Section 900) of the Government Code of the State of California (hereinafter
the "Claims Law which Claims Law, among other matters, prescribes the procedures relating
to determinations by the City Council concerning (i) the form of claims (Section 910.4), (ii) the
sufficiency of claims presented (Section 910.8), (iii) the presentment of late claims (Sections
911.3, 911.6, 912.2), and (iv) action on claims presented (Section 912.6); and
WHEREAS, Section 935.4 of the Government Code provides that a local public entity
may authorize an employee of the local public entity to perform those functions of the governing
body of the public entity under said Claims Law that are prescribed by the local public entity,
including authorizing such employee to allow, compromise, or settle a claim against the public
entity if the amount to be paid pursuant to the allowance, compromise or settlement does not
exceed fifty thousand dollars ($50,000); and that a charter provision, ordinance or resolution may
provide that, upon written order of that 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; and
WHEREAS, the City Council hereby desires to delegate the authority which it is
authorized to delegate pursuant to the Claims Law in the manner hereinafter provided.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
Pursuant to Section 935.4 of the Government Code of the State of California, the City
Council does hereby authorize, order and direct the City Manager and /or the City Risk Manager
to approve, deny and otherwise make determinations concerning (i) the form of claims, (ii) the
sufficiency of claims presented against the City, and (iii) the presentment of late claims
SECTION 2.
Pursuant to Section 935.4 of the Government Code of the State of California, the
City Council does hereby authorize, order and direct the City Manager and/or City Risk
Manager to allow, compromise or settle a claim against the City provided the amount to
be paid by the City pursuant to the allowance, compromise or settlement does not exceed
fifty thousand dollars ($50,000). The City Manager and/or City Risk Manager are hereby
authorized, ordered and directed to execute any agreements and other documents on
behalf of the City which may be necessary to accomplish and complete any such
allowance, compromise or settlement.
SECTION 3.
The City Council does hereby authorize, order and direct the City Attorney to
allow, compromise or settle any litigation to which the City is a party, or to which any
officer or employee of the City is a party and as to which the City is required by law to
indemnify such officer or employee, provided the amount to be paid by the City pursuant
to the allowance, compromise or settlement does not exceed fifty thousand dollars
($50,000), or, in the event the City is a party plaintiff in the litigation, the amount due to
the City does not exceed the amount of the settlement by more than fifty thousand dollars
($50,000). The City Attorney is hereby authorized, ordered and directed to execute any
and all agreements and other documents on behalf of the City which may be necessary to
accomplish and complete any such allowance, compromise or settlement.
SECTION 4.
Nothing contained herein shall prevent the City Council from reviewing,
considering or acting upon any claim or litigation matter at its sole and absolute
discretion.
SECTION 5.
City Council Resolutions Nos. 85R -41 and 85R -43 be, and the same are hereby,
rescinded.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 18th day of March 2008, by the following
roll -call vote:
AYES:
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTES
C TY CLERK OF T E CITY OF ANAHEIM
CAO- #68239 -v 1- Claims_Authority_Delegation. W PD
MAYOR OF THE CIT
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AHEIM