Attachment 1 - Draft Resolution1 of 2
Resolution 20 - Council Meeting Date
ATTACHMENT 1
RESOLUTION 20 -xx RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DELEGATING
AUTHORITY TO THE TOWN MANAGER TO SETTLE CLAIMS, PENDING ACTIONS AND
WORKERS’ COMPENSATION CLAIMS AGAINST THE TOWN THAT DO NOT EXCEED
FIFTY THOUSAND DOLLARS ($50,000).
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 the Town to adopt local procedures not in conflict with state law;
WHEREAS, California Government Code Section 935.4 permits the Town Council, by
resolution, to authorize an employee of the Town to perform claims administration functions
under the Act and to allow, compromise, or settle a pending tort claim against the Town in an
amount not to exceed Fifty Thousand Dollars ($50,000);
WHEREAS, California Government Code Section 949 further permits the Town Council to
delegate its authority to compromise or settle all other pending actions against the Town,
including lawsuits and workers’ compensation claims;
WHEREAS, at its December 21, 2021 regular meeting the Town Council discussed the
staff and Policy Committee recommendations and received public comment on the same.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos as
follows:
Section 1. The Town Manager is authorized to allow, compromise, or settle any tort
claims or other pending actions (not including workers’ compensation claims) against the Town
that do not exceed Fifty Thousand Dollars ($50,000).
Section 2. The Town Manager is authorized to allow, compromise, or settle any workers’
compensation claims against the Town by “Stipulation with Request for Award” (Stipulation),
up to the Town’s current self-insured retention (SIR), when the Stipulation is for mandatory
permanent disability amounts that are undisputed, determined by State law and are not
negotiable.
Section 3. The Town Manager is authorized to allow, compromise, or settle any
workers’ compensation claims against the Town that do not exceed Fifty Thousand Dollars
2 of 2
Resolution 20 - Council Meeting Date
ATTACHMENT 1
($50,000) by “Compromise and Release” that are not mandated by the Workers' Compensation
Appeals Board (WCAB).
Section 4. This Resolution shall take effect immediately upon its adoption by the Town
Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21st day of December, 2021, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________