HomeMy WebLinkAbout729ORDINANCE NO. 729
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, AMENDING CHAPTER 3.40 OF
THE IRWINDALE MUNICIPAL CODE RELATING TO THE
DELEGATION OF AUTHORITY TO SETTLE CLAIMS
WHEREAS, Section 905 of the Government Code of the State of California
provides for the presentment of claims for money or damages against local public entities;
WHEREAS, Irwindale Municipal Code Chapter 3.40 requires that the City Council
must hear all claims filed against the City;
WHEREAS, Section 935.4 of the Government Code of the State of California
provides that a local public entity may authorize an employee of the local public entity to
resolve a claim against the local public entity;
WHEREAS, the City Council adopted Resolution No. 2018-30-3024 on May 9,
2018, authorizing the City Manager to take administrative actions necessary to resolve
claims against the City that do not exceed $20,000 pursuant to the provisions of
Government Code Section 935.4;
WHEREAS, the City Council now wishes to adopt this Ordinance, amending
Chapter 3.40 of the Irwindale Municipal Code to authorize the City Manager to take
administrative actions necessary to resolve claims against the City within an amount that
the City Council may approve by resolution from time to time.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE FINDS AND
ORDAINS AS FOLLOWS
Section 1. The above recitals are all true and correct and are hereby adopted
as findings.
Section 2. The Irwindale Municipal Code, at Chapter 3.40, entitled "CLAIMS,
DEMANDS AND WARRANTS," shall be amended in part to read as follows, with the
revised language displayed in redline format:
Ordinance No. 729
Page 1
"Chapter 3.40 CLAIMS, DEMANDS AND WARRANTS"
Section 3.40.010 — Person to present claim.
Section 3.40.020 — Claims to be itemized.
Section 3.40.030 — Procedures for claims and actions for money and damages
arising out of tort and not based upon contract.
Section 3.40.050 —Audit method of approval.
Section 3.40.060 — Procedure on disallowance.
Section 3.40.070 — Authorization of demands by council.
Section 3.40.080 — Forms of demands and warrants -Method of drawing warrants -
Manual signature required.
3.40. 010 — Person to present claim.
No city officer shall, except for his own service, present any claim, account or
demand for allowance against the city, or in any way, except in the discharge of
his official duty, advocate the relief asked in the claim or demand made by any
other person. For any claim not otherwise within the city manager's authority to
resolve or com a gmise, any person may appear before the city council and oppose
the allowance of any claim or demand made against the city.
3.40.020 — Claims to be itemized
The city council, or city manager as applicable shall not hear, credit, audit,
consider or allow or approve any claim, bill or demand against the city unless the
same is itemized, giving names, dates, and particular services rendered, character
or process served and upon who, distance traveled, character of work done, the
number of days engaged, materials and supplies furnished, when and to whom
and in what quantity furnished, the price therefor, and other pertinent details as the
case may be. Salaries and wages of officers and employees of the city shall not
be considered to be claims, accounts, bills or demands against the city under this
chapter. No demand shall be audited, or allowed by the city council or city manager
if within the amount delegated to the city manager by resolution unless made out
as prescribed in this chapter and presented and filed with the city clerk three days
prior to the time of the meeting of the city council, or citger as applicable,
at which it is asked to be allowed.
3.40.030 — Procedures for claims and actions for money and damages arising out
of tort and not based upon contract.
A. Applicability of Section. Pursuant to Section 935 of the Government Code,
all claims against the city for money or damages which are excepted by Section
905 of the Government Code from the provisions of Division 3.6 of the Government
Code (Section 810, et seq.), and which are not governed by any other statutes or
regulations expressly relating thereto, shall be governed by the procedure
prescribed in this section.
Ordinance No. 729
Page 2
B. Contract and Other Claims—Claim Prerequisites. No suit for money or
damages may be brought against the city on a cause of action for which this
section requires a claim to be presented until a written claim therefore has been
filed and acted upon in conformity with this section and Sections 945.4 and 945.6
of the Government Code.
C. Claims -Time Limitation. A claim for any cause of action specified in
subsection A of this section shall be presented in the manner provided in
subsection E not later than one year after the accrual of the cause of action; except
that a claim by the state or by a state department or agency or by another local
public entity on a cause of action for death or for injury to person or to personal
property or growing crops, or on a cause of action for equitable indemnity or partial
equitable indemnity, shall be presented not later than six months after the accrual
of the cause of action.
D. Claims -Late Filing. In accordance with Section 935 of the Government
Code, the late filing of claims pursuant to this section is regulated by Sections
911.4 to 912.2, inclusive, of the Government Code.
E. Claims -Presentation and Contents. A signed, written claim shall be
presented to the city by mailing or delivering it to the city clerk by the claimant or
by a person acting on his or her behalf. The claim shall conform to the requirements
of Section 910 of the Government Code.
F. Claims -Utilization of Statutory Procedures for Consideration and Action on
Claims. Unless otherwise provided in this section, the procedure for consideration
and action upon all claims filed pursuant to this section shall be governed by and
be the same as the procedure provided and required by Sections 910.2 through
915.2 of the Government Code.
3.40.050 –Audit method of approval.
Each claim or demand shall be presented to the city clerk, who shall cause the
same to be stamped showing the date and time of filing, and he shall examine and
verify it as to its validity, accuracy, certification, and the availability of funds for
payment thereof. He shall prepare for approval, without signing, a warrant upon
the city treasurer representing such demand, which warrant shall specify in whose
favor it is drawn, the purpose for which it is drawn, and the amount thereof, together
with the name of the fund and of the bank out of which it is payable when executed
and approved. The city clerk shall note such demands and warrants which he
determines should be approved or allowed upon a register book of demands and
warrants, setting forth the number of the demand and warrant, in whose favor the
warrant is drawn, and the amount thereof, together with dates and the name of the
fund and of the bank out of which the warrant is payable, and shall certify thereon
by his signature that the demands are correct as to computations and are payable
out of the funds stated in the amounts set opposite their respective names.
Ordinance No. 729
Page 3
3.40.060 — Procedure on disallowance.
The city clerk shall prepare a separate written list of all claims or demands which
he fails to approve and which he believes should be rejected in whole or in part,
together with his reasons therefor, and such list shall be submitted separately,
together with the register book of demands and warrants, including supporting
documents, if any to the city council, or city manager if within the amount
Bele atq ed to the city manager by resolution, who shall audit the same, and if found
authorized, correct and legal, shall signify by signature upon the register book of
demands and warrants, those payments which are approved and allowed by gfty
council or city manager as applicable or disapproved and disallowed by qLty
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3.40.070 —Authorization of demands by council
All payments presented in accordance with the provisions of this chapter shall be
audited by the city council or city manager if within the amount delegated to the
city manager by resolution and, if found authorized, correct and legal, shall be
allowed by the city council or city manager as applicable, and ordered paid. Such
action of the city council shall be evidenced by a motion entered in its minutes,
stating the number of the demands allowed and the total amount thereof, and the
number and the total amount of those disallowed. Any claim -or demand may be
allowed in whole or in part by the city council or city manager as applicable, or
rejected in whole or part by the city council. If any claim or demand is rejected in
whole or in part, the fact of such rejection shall be plainly endorsed upon the claim
or demand by the city clerk.
3.40.080 — Forms of demands and warrants -Method of drawing warrants -Manual
signature required.
The city council shall by resolution prescribe printed forms for demands and
warrants, and shall prescribe a method of drawing warrants or checks in payment
of demands allowed or ordered paid as provided in this chapter; provided,
however, that such method shall require the manual signature of at least one
municipal officer who has executed an official bond to the city, covering the faithful
performance by such officer of the duties of his office, as provided by Section
37203 of the Government Code.
Section 4. The Chief Deputy City Clerk shall certify the passage of this Ordinance and
shall cause the same to be posted in accordance with law.
Ordinance No. 729
Page 4
PASSED, APPROVED AND ADOPTED this 11th day of
A. Breceda, Mayor
ATTEST:
4aur M. Nieto, MMC
C f 'Deputy City Clerk
State of California }
County of Los Angeles } ss.
City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby
certify that the foregoing Ordinance No. 729 was duly introduced at a regular City Council
meeting held on the 27th day of June 2018, and adopted at a regular meeting of the City
Council held on the 11th day of July 2018, by the following roll call vote:
AYES: Councilmembers: Ambriz, Ortiz, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: Burrola, Garcia
ABSTAIN: Councilmembers: None
6vL
4wa')U*
Lau M. Nieto, MMC
Ch' f Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 729, adopted by the
City Council of the City of Irwindale at its regular meeting held July 11, 2018, to be posted at the City Hall,
Library, and Post Office on July 17, 2018.
i
M. Nieto, MMC
Deputy City Clerk
Dated: July 17, 2018
Ordinance No. 729
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