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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 council. The finance GomFnift. shall +then—ca�d •m&i gethe�t�ith }her -r +®r hnnL r+f r7mm�nrlo ,-rt-rrr�.-rc ,rr.rwancr� jute 'rvhcv-}c-`u- e r 'e '+h }hes r¢' r+ es n+c }Y hes rot nrsrl +n +h® 'fi I rL n hn hall ®re4 +m�c sav�ixv }e'-ro-}mhv�—�-rty--f'.�ii 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 Page 5