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HomeMy WebLinkAboutCC RES 24-21DocuSign Envelope ID: D514D8FC-05D8-44C1-AC36-217696C3CD37 RESOLUTION NO. 24-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING TO THE CITY MANAGER AUTHORITY TO HANDLE LIABILITY CLAIMS ADMINISTRATIVE FUNCTIONS WHEREAS, the California Tort Claims Act (Government Code sections 810-996.6) imposes certain duties upon the City Council of the City of Tustin (the "City") relating to claims for damages presented to the City by third parties ("claims administrative functions"); and WHEREAS, California Government Code section 935.4 authorizes the City Council, by resolution, to delegate authority to an employee of the City to perform the claims administrative functions as set forth in the California Tort Claims Act; and WHEREAS, the City Council has previously delegated authority to settle liability claims of up to $50,000 to the Director of Human Resources, City Attorney, and City Manager via Resolution No. 23-32; and WHEREAS, the City Council hereby desires to delegate authority to perform additional claims administrative functions to the City Manager or their designee. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin does hereby delegate to the City Manager, or their designee, authority to perform the claims administrative functions set forth in the California Tort Claims Act that are otherwise required to be performed by the City Council, including but not limited to denying a claim, returning a claim as insufficient, returning a claim as untimely, approving or denying an application for leave to present a late claim, and providing any related notices to claimants on behalf of the City. BE IT FURTHER RESOLVED that nothing herein shall prevent the City Council from reviewing, considering, or acting upon any liability claim in its sole and absolute discretion. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 2nd day of April 2024. DocuSigned by: AU§TPNDLEUMBARD, Mayor Resolution 24-21 Page 1 of 2 DocuSign Envelope ID: D514D8FC-05D8-44C1-AC36-217696C3CD37 ATTEST: DocuSigned by: DS fvic& U&Sd& ER °W`'' XMJDA, City Clerk APPROVED AS TO FORM: EDocuSigned by: �a4+4ZK 3RR4F37FI1991d9C DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 24-21 I, Erica Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 24-21 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of April, 2024, by the following vote: COUNCILMEMBER AYES COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: DS DocuSigned by: `t�'iCa aStti�,a ER °WYASU DA, City Clerk Lumbard, Gallagher, Clark, Gomez, Schnell (5 (0) (0) (0) (0) Resolution 24-21 Page 2 of 2