HomeMy WebLinkAbout1993-09-14 - AGENDA REPORTS - CLAIMS ACTIONS ORD 93-10 (2)AGENDA REPORT
City Manager
Item to be presehfddd by:
Dennis Luppens
UNFINISHED BUSINESS
DATE: September 7, 1993
SUBJECT: Ordinance Relative to Claims and Actions by Other Public Entities
Ordinance No. 93-10
DEPARTMENT: City Manager
BACKGROUND
Occasionally other public entitles file lawsuits against cities. The requirement to file a
claim prior to filing a lawsuit seeking damages from a city does not apply to public entities,
unless the city has adopted an ordinance requiring a claim to be filed before such a
lawsuit can be brought.
In a recent case decided In January of this year, the State of California was barred from
recovering damages sought against the City of Ontario because the State failed to file a
claim against the City and the City had adopted an ordinance requiring pubic entitles to
file claims In order to pursue a lawsuit against the City.
As an additional element of Insulation to the City, It would be appropriate for us to adopt
an ordinance requiring public entitles to file claims as a prerequisite to pursuing a lawsuit
for damages against the City. Such an ordinance is attached.
RECOMMENDATION
That the City adopt Ordinance 93-10. Waive further reading of Ordinance 93-10 and adopt.
COUNCIL:entities.man
Attachment
Adopted: 9
Agenda Item:
NO. 93-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA AMENDING THE SANTA CLARITA
MUNICIPAL. CODE BY ADDING CHAPTER 2.60
RELATIVE TO CLAIMS AND ACTIONS BY OTHER
PUBLIC ENTITIES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The Santa Clarita Municipal Code is hereby
amended by adding Chapter 2.60, "Claims & Actions By Other Public
Entities", to read as follows:
2.60.010 Applicability of Chapter. Pursuant to Section 935 of
the Government Code, all claims against the City for money,
damages, or indemnification by any public entity which is.
exempted by Section 905(i) of the Government Code from the
provisions of Division 3.6 of the Government Code (Section 810 et
seq.), including but not limited to Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910), and is
not governed by any other statutes or.regulations expressly
relating thereto shall be governed by the procedure prescribed in
this Chapter.
2.60.020 Presentation of claim as Prerequisite to Suit. No suit
for money, damages, or indemnification may be brought against the
City by any public entity described in Section 2.60.010 until a
written claim therefor has been presented and acted upon, or has
been deemed to have been rejected, in accordance with this
Chapter and.Sections 945.4, 945.6, and 946 of the Government
Code.
2.60.030 Time Limitation. Any claim specified in Section
2.60.020 shall be presented in accordance with the time.
limitations set forth in Government Code Section 911.2. In
addition, pursuant to Government Code Section 901, any claim
against the amity for equitable indemnity or partial equitable
indemnity shall be presented not later than six (6) months after
the date upon which a defendant is served with the complaint
giving rise to the defendant's claim for a cause of action for
equitable indemnity or partial equitable indemnity against the
city.
2.60.040 Late Filing. In accordance with Section 935 of the
Government Code, the late filing of claims pursuant to this
Chapter is regulated by Sections 911.4 and 911.6 through 912.2,
inclusive, of the Government Code.
4536D.1
y'7
►. J
L�
i AGENDA REPORT
City Manager Appr
em to be pres by:
Dennis Luppens
UNFINISHED BUSINESS
DATE: September 7, 1993
SUBJECT: Ordinance Relative to CI
alms and Actions by Other Public Entities
Ordinance No. 93-10
DEPARTMENT: City Manager
BACKGROUND /
Occasionally other public entitles file lawsuits against cities. The requirement to file a
claim prior to filing a lawsuit seeking damages from a city does.not apply to public entities,
unless the city has adopted/an ordinance requiring a claim to be filed before such a
lawsuit can be brought. /
In a recent case decidedn Ja
nuary of this year, the State. of California was barred from
recovering damages sought against the City of Ontario because the State failed to file a
claim against the City and the City had adopted an ordinance requiring pubic entitles to
file claims In order to pursue a lawsuit against the City.
As an additional element of Insulation to the City, it would be appropriate for us to adopt
an ordinance re it
u i public entities
to file tial
q �g P ms as a prerequisite to pursuing a lawsuit
for damages against nst the City. an ordinance 9 9 ty ante Is attached..
RECOMMENDATION
That the City a ptOrdlnance 93-10. Waive further reading of Ordinance 93-10 and adopt.
COUNGL•entittssm/an
Attachment
1'
Agenda Ifem:
`j
2.60.050 Presentation
is
shall be presented to
City Clerk. The claim
&.1
and Contents. A signed, written
the City by mailing or delivering
shall conform to the requirements
Section 910 of the Government Code or to a form provided
City, if such form is urovided.
claim
it to the
of
by the
2.60.060 Procedures for Consideration. Unless otherwise
provided in this Chapter, the procedure for consideration and
action upon all claims filed pursuant to this Chapter shall be
the same as the procedure provided and required by Sections 910.
through 915.4, inclusive, of the Government Code, except Section
911.2. In accordance with Section 935 of the Government Code,
the consideration and action upon claims presented pursuant to
Section 2.30.040 of.this Chapter shall be the same as the
procedure provided and required by Section 946.6 of the
Government Code.
SECTION 2. If any section, sentence, clause, phrase, part
or portion of this ordinance is for any reason held to be invalid
or unconstitutional by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have
adopted this Ordinance and each section, sentence, clause,
phrase, part or portion thereof, irrespective of the fact -that
any one or more sections, sentences, clauses, phrases, parts or
portions be declared invalid.or unconstitutional.
SECTION 3. The Mayor shall sign this Ordinance, and the
City Clerk shall attest and certify to the passing and adoption
of this Ordinance and shall cause the same to be published as
required by law.
PASSED AND APPROVED this day of , 1993.
ATTEST:
CITY CLERK -
CITY OF SANTA CLARITA
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF )
I, , City Clerk of the City of
do hereby certify that the foregoing Ordinance
No. was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the day
of , 19 That thereafter, said Ordinance was
duly adopted and passed ata regular meeting of the City Council
on the day of 19by the following
vote, to wit:
_
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
CITY CLERK
APPROVED:
CITY ATTORNEY
45360.: -3-
0
0
ORDINANCE NO. 93-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA AMENDING THE SANTA CLARITA
MUNICIPAL CODE BY ADDING CHAPTER 2.60
RELATIVE TO CLAIMS AND ACTIONS BY OTHER
PUBLIC ENTITIES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The Santa Clarita Municipal Code is hereby
amended by adding Chapter 2.60, "Claims & Actions By Other Public
Entities", to read as follows:
2.60.010 Applicability of Chapter. Pursuant to Section 935 of
the Government Code, all claims against the City for money,
damages, or indemnification by any public entity which is
exempted by Section 905(i) of the Government Code from the
provisions of Division 3.6 of the Government Code (Section 810 et
seq.), including but not limited to Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910), and is
not governed by any other statutes or regulations expressly
relating thereto shall be governed by the procedure prescribed in
this Chapter.
2.60.020 Presentation of Claim as -Prerequisite to suit. No suit
for money, damages, or indemnification may be brought against the
City by any public entity described in Section 2.60.010 until a
written claim therefor has been presented and acted upon, or has
been deemed to have been rejected, in accordance with this
Chapter and Sections 945.4, 945.6, and 946 of the Government
Code.
2.60.030 Time Limitation. Any claim specified in Section
2.60.020 shall be presented in accordance with the time
limitations set forth in Government Code Section 911.2. In
addition, pursuant to Government Code Section 901, any claim
against the City for equitable indemnity or partial equitable
indemnity shall be presented not later than six (6) months after
the date upon which a defendant is served with the complaint
giving rise to the defendant's claim for a cause of action for
equitable indemnity or partial equitable indemnity against the
City.
2.60.040 Late Filing. In accordance with Section 935 of -the
Government Code, the late filing of claims pursuant to this
Chapter is regulated_by Sections 911.4 and 911.6 through 912.2,
inclusive, of the Government Code.
45360,1
3
2.60.050 Presentation and Contents. A signed, written claim
shall be presented to the City by mailing or delivering it to the
City Clerk. The claim shall conform to the requirements of
Section 910 of the Government Code or to a form provided by the
City, if such form is provided.
2.60.060 'Procedures for Consideration. Unless otherwise
provided in this Chapter, the procedure for consideration and
action upon all claims filed pursuant to this Chapter shall be
the same as the procedure provided and required by Sections 910.2
through 915.4, inclusive, of the Government Code, except Section
911.2. In accordance with Section 935 of the Government Code,
the consideration and action upon claims presented pursuant to
Section 2.30.040 of this Chapter shall be the same as the
procedure provided and required by Section 946.6 of the
Government Code.
SECTION 2. If any section, sentence, clause, phrase, part
or portion of this Ordinance is for any reason held to be invalid
or unconstitutional by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have
adopted this Ordinance and each section, sentence, clause,
phrase, part or portion thereof, irrespective of the fact that
any one or more sections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 3. The Mayor shall sign this Ordinance, and the
City Clerk shall attest and certify to the passing and adoption
of this Ordinance and shall cause the same to be published as
required by law.
PASSED AND APPROVED this day of , 1993.
ATTEST:
CITY OF SANTA CLARITA
CITY CLERK MAYOR
45360.1
STATE -OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF )
City Clerk of the City of
do hereby certify that the foregoing Ordinance
No. was regularly introduced and placed upon its first
reading at a regular meeting of the City'Council on the day
of , 19 That thereafter, said Ordinance was
duly adopted and passed ata regular meeting of the City Council
on the day of 19by the following
vote,. to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
10OWWORD19:1
APPROVED:
CITY ATTORNEY
45360.1 -3-