HomeMy WebLinkAboutAGENDA REPORT 2018 1017 REG CCSA ITEM 09CCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 10.17.2018
ACTION Introduced
Ord No. 466
BY M. Benson
C. Consider Ordinance Deleting Chapter 3.12 and Amending and Replacing
Chapter 3.14 of the Moorpark Municipal Code, Including Amending the Title of
Chapter 3.14 to “Claims and Demands Against City” and Amending the Claim
Presentation Process of the City of Moorpark. Staff Recommendation: Introduce
Ordinance No. ___ for first reading, wai ve full reading, and place the Ordinance
on the Agenda for the November 7, 2018 regular meeting for purposes of
providing second reading and adoption of the Ordinance.
Item: 9.C.
Item: 9.C. MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Assistant City Manager
DATE: 10/17/2018 Regular Meeting
SUBJECT: Consider Ordinance Deleting Chapter 3.12 and Amending and Replacing
Chapter 3.14 of the Moorpark Municipal Code, Including Amending the
Title of Chapter 3.14 to “Claims and Demands Against City” and
Amending the Claim Presentation Process of the City of Moorpark
BACKGROUND AND DISCUSSION
The City Attorney’s Office has reviewed the attached draft ordinance, which deletes Chapter
3.12 in its entirety, and Chapter 3.14 has been amended to update the claim presentation
process of the City of Moorpark into this one chapter. The draft ordinance includes language
to permit the City Manager and the City Manager’s designated Risk Manager the authority to
reject, allow, compromise, or settle claims, and staff authority to review government claims
and send notices related to the processing, acceptance, insufficiency, timeliness and
rejection of claims. Section 3.14.030 of the attached draft ordinance provides authority for
the City Manager’s designated Risk Manager to allow, compromise, or settle claims, including
workers’ compensation claims, for an amount up to $15,000; provides the same authority for
the City Manager for an amount up to $50,000; and provides the City Council shall have sole
authority to allow, compromise, or settle claims for an amount in excess of $50,000. The
draft ordinance is consistent with City Council Policy 3.2, which already authorizes the City
Manager to allow, settle and/or compromise any claim filed against the City having a value
not to exceed $50,000. The City Manager and designated Risk Manager will continue to
receive recommendations for claim rejection from the claims adjuster (currently Carl Warren
& Company) under contract to the City’s insurance provider, the California Joint Powers
Insurance Authority, and from the City Attorney’s office when applicable.
FISCAL IMPACT
There is no direct fiscal impact. Revising the claim rejection process to allow more staff
delegation for claim rejection will expedite the claim process and save staff time currently
required to prepare agenda reports requesting City Council claim rejection.
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Honorable City Council
10/17/2018 Regular Meeting
Page 2
STAFF RECOMMENDATION
Introduce Ordinance No. ___ for first reading, waive full reading, and place the Ordinance on
the Agenda for the November 7, 2018 regular meeting for purposes of providing second
reading and adoption of the Ordinance.
Attachment: Draft Ordinance
56
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, DELETING CHAPTER 3.12 AND
AMENDING AND REPLACING CHAPTER 3.14 OF THE
MOORPARK MUNICIPAL CODE, INCLUDING
AMENDING THE TITLE OF CHAPTER 3.14 TO
“CLAIMS AND DEMANDS AGAINST CITY”, AND
AMENDING THE CLAIM PRESENTATION PROCESS
OF THE CITY OF MOORPARK
WHEREAS, the City Council has determined that Chapters 3.12 and 3.14 should
be revised to permit the City Manager the authority to reject, allow, compromise, or
settle claims, and staff authority to review government claims and send notices related
to the processing, acceptance, insufficiency, timeliness and rejection of claims;
WHEREAS, the City Council desires that the claims presentation process of the
City of Moorpark complies with the Government Claims Act, Government Code Section
810 et seq.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of Title 14 of the California Code of Regulations (CEQA Guidelines), based
on the general rule that CEQA only applies to “projects” that may have a significant
effect on the environment. This Ordinance would only amend the Municipal Code
related to third party claims against the City. In this case, it can be seen with certainty
that there is no possibility that this Ordinance may have a significant impact on the
environment. Based on the foregoing, the City Council, based on its own independent
judgment, finds that the adoption of this Ordinance is exempt from CEQA.
SECTION 2. Chapter 3.14 of Title 3 of the Moorpark Municipal Code is hereby
amended in its entirety consistent with Attachment 1 of this ordinance, which
attachment is attached hereto and incorporated herein by reference.
SECTION 3. Chapter 3.12 of Title 3 of the Moorpark Municipal Code is hereby
repealed in its entirety.
SECTION 4. If any section, subsection, 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, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
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Ordinance No. ___
Page 2
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 5 . This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 6 . The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this ______ day of ______________, 2018.
______________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Maureen Benson, City Clerk
Attachment 1: Revised Chapter 3.14
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Ordinance No. ___
Page 3
Chapter 3.14
CLAIMS AND DEMANDS AGAINST CITY
Sections:
3.14.010 State provisions and applicability of chapter.
3.14.020 Presentation of claims – Prerequisite for bringing suit.
3.14.030 Authority of city’s risk manager and city manager.
3.14.040 Contents of claim – Review for sufficiency.
3.14.050 Time limitation for presentation of claims.
3.14.060 Time for action by city.
3.14.070 Application to file a late claim.
3.14.080 Time barred claim.
3.14.090 No enjoining collection of taxes, assessments, or fees/payments
required as condition to filing suit.
3.14.010 State provisions and applicability of chapter.
The provisions of this chapter recognize that the general claim procedures applicable to
the city and all local public agencies are governed by the provisions of the California
Government Code, Part 3 of Division 3.6, commencing with Section 900, as amended
from time to time. The provisions of this chapter are enacted pursuant to the authority
contained in Government Code Section 935, or any successor thereto, and shall apply
to all claims against the city for money or damages, including all claims which are
excepted by Government Code Section 905, or any successor thereto; provided, that
such claims are not governed by any other statutes, ordinances or regulations. For
purposes of this chapter, the term “city” shall include but not be limited to any agency,
district or entity formed or governed by the city.
3.14.020 Presentation of claims – Prerequisite for bringing suit.
No suit subject to this chapter may be brought against the city until a claim has been
presented to and acted upon by the city, pursuant to the provisions of Government
Code Section 945.4, or any successor thereto. Any action brought against the city on a
claim after it has been presented to and acted upon by the city shall be subject to the
provisions of Government Code Sections 945.6 and 946, or any successor thereto.
3.14.030 Authority of city’s risk manager and city manager.
Pursuant to Government Code Section 935.4, or any successor thereto, the city council
delegates authority to the city manager and the risk manager to review all claims for
sufficiency. The city council delegates to the city manager and risk manager the
authority to allow, compromise, or settle claims, including workers’ compensation
claims, for an amount up to $15,000. The city council delegates to the city manager
authority to allow, compromise, or settle claims, including workers’ compensation
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Ordinance No. ___
Page 4
claims, for an amount up to $50,000. The city council shall have sole authority to allow,
compromise, or settle claims for an amount in excess of $50,000.
3.14.040 Contents of claim – Review for sufficiency.
A claim shall be in writing, verified by the claimant or by his or her guardian,
conservator, executor, or administrator, and shall be presented to the city clerk by the
claimant or by a person acting on the claimant’s behalf. The claims shall show all
information as required by Government Code Section 910 and 910.2, or any successor
thereto. The foregoing shall not be construed to authorize a class action, and no claim
may be filed on behalf of a class of persons unless verified by every member of that
class. The city manager, or his or her risk manager designee shall review all claims for
sufficiency of information. The city manager or his or her risk manager designee may,
within 20 days of receipt of a claim, direct the city clerk to either personally deliver or
mail to claimant a written notice stating deficiencies in the claim presented. If such
notice is delivered or sent to claimant, the city shall not act upon the claim until at least
15 days after such notice is sent.
3.14.050 Time limitation for presentation of claims.
Pursuant to Government Code Section 911.2, or any successor thereto, any claim
specified in Section 3.04.010 shall be presented within the following time limitations:
A. Claims relating to a cause of action for death, injury to person or to personal
property or growing crops shall be presented within six months after the accrual of the
cause of action.
B. Claims relating to any other cause of action shall be presented within one year
after the accrual of the cause of action.
3.14.060 Time for action by city.
Pursuant to Government Code Section 912.4, or any successor thereto, the city council,
city manager, or risk manager, as the case may be, shall act on a claim within 45 days
after the claim has been presented. By mutual agreement of the claimant and the city
council, city manager, or risk manager, as the case may be, such 45-day period may be
extended by written agreement. If the claim is not acted on within 45 days, it shall be
deemed to have been rejected on the 45th day unless such time period has been
extended, in which case it shall be denied on the last day of the period specified in the
extension agreement.
3.14.070 Application to file a late claim.
Any applicant who fails to file a claim within the time period required by Section
3.04.050 may submit a written application to the city for leave to present a late claim,
pursuant to the provisions of Government Code Section 911.4. The city manager shall
grant or deny the application to present a late claim within 45 days after it is presented
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Ordinance No. ___
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to the city, in accordance with the provisions of Government Code Sections 911.6
through 912.2, inclusive.
3.14.080 Time barred claim.
Nothing in this chapter revives or reinstates any cause of action that, on the effective
date of this chapter, is barred by failure to comply with any previously applicable statute,
ordinance, or regulation requiring the presentation of a claim prior to a suit subject to
this chapter, or by failure to commence any action thereon within the period prescribed
by an applicable statute of limitations.
3.14.090 No enjoining collection of taxes, assessments, or fees/payments
required as condition to filing suit.
Notwithstanding any other provision of this code, no injunction, writ of mandate or other
legal or equitable process shall issue in any suit, action or proceeding in any court
against the city or an officer thereof, to prevent or enjoin the collection of taxes,
assessments, or fees (whether established by ordinance, resolution or other action of
the city) which are sought to be collected from any person by the city, or are otherwise
due and owing from any person to the city pursuant to this code or otherwise, and
payment of all said taxes, assessments, fees, plus any interest and penalties, shall be
required as a condition precedent to seeking judicial review of any tax, assessment or
fee liability.
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