Resolution Number 15-06-02-01 RESOLUTION NO. 15-06-02-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
LOCAL PROCEDURES PERTAINING TO CLAIMS AND
DEMANDS AGAINST THE CITY
WHEREAS, The California Government Claims Act (Government Code,
Sections 900 et seq.) (the "Act") generally governs claims against cities for
money or damages. The Act provides detailed procedures for how and when a
claim must be presented, deadlines for when the City of San Juan Capistrano
("City") must act upon a claim, and statutes of limitation to file a lawsuit after the
City denies a claim; and
WHEREAS, certain types of claims are not generally covered by the Act,
such as (i) local tax, assessment or fee refunds, (ii) claims by public employees
for fees, salaries, wages, expenses, etc., and (iii) claims for money sought from
the City by the State or another local public entity. (Government Code, Section
905) When these types of claims are not governed by another statute or
regulation, the Act allows cities to address them by local ordinance or regulation,
provided that (i) the ordinance or regulation does not set a shorter time to file a
claim than provided in the Act and (ii) the ordinance or regulation does not give
the City more time to act on a claim than provided in the Act; and
J WHEREAS the Ci does not current) have an ordinance resolution or
City Y
other local regulation to address those types of claims not covered by the Act;
and
WHEREAS, in order to promote administrative efficiency, the City Council
desires to adopt local claims procedures consistent with the Act so that all claims
the City receives will be addressed through the same procedures.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby determine, that the following local
procedures shall govern all claims filed against the City for money or damages
that are not otherwise covered by the Act:
SECTION 1. State provisions and applicability of Resolution. The
provisions of this Resolution 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, Chapters 1 and 2 of Division 3.6,
commencing with Section 900 and following. The provisions of this Resolution
are enacted pursuant to the authority contained in Government Code, Section
935 and shall apply to all claims against the City for money or damages,
including all claims which are excepted by Government Code, Section 905,
provided that such claims are not governed by any other statutes or regulations.
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SECTION 2. Presentation of claims—Prerequisite for bringing suit.
No suit subject to this Resolution 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. 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.
SECTION 3. 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 claim shall show all
information as required by Government Code, Section 910. The City's Risk
Manager, City Manager, or their designees, shall review all claims for sufficiency
of information. The City's Risk Manager, City Manager, or their designees, may,
within twenty (20) days of receipt of a claim, either personally deliver or mail to
the claimant a 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
fifteen days after such notice is sent.
SECTION 4. Time limitation for presentation of claims. Pursuant to
Government Code, Section 911.2, any claim specified in Section 1 of this
Resolution 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 (6) months after
the accrual of the cause of action.
B. Claims relating to any other cause of action shall be presented
within one (1) year after the accrual of the cause of action.
SECTIONS. Time for action by City. Pursuant to Government Code,
Section 912.4, the City Council, City Manager, City's Risk Manager, or their
designees shall act on a claim within forty-five (45) days after the claim has been
presented. By mutual written agreement of the claimant and the City, such forty-
five-day period may be extended. If the claim is not acted on within forty-five (45)
days, it shall be deemed to have been rejected on the forty-fifth 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.
SECTION 6. Application to file a late claim. Any applicant who fails to
file a claim within the time period required by Section 4 of this Resolution 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's Risk Manager,
City Manager, or their designees, shall grant or deny the application to present a
late claim within forty-five (45) days after it is presented to the City, in accordance
with the provisions of the Government Code, Sections 911.6 through 912.2,
inclusive.
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I�I , SECTION 7. Time barred claim. Nothing in this Resolution revives or
L� reinstates any cause of action that, on the effective date of this Resolution, is
barred by failure to comply with any previously applicable statute, ordinance,
resolution or regulation requiring the presentation of a claim prior to a suit subject
to this Resolution, or by failure to commence any action thereon within the period
prescribed by an applicable statute of limitations.
SECTION 8. Retroactive Application. Subject to Section 7, the
provisions of this Resolution shall apply retroactively to any causes of action
occurring prior to the effective date of this Resolution.
SECTION 9. No enjoining collection of taxes, assessments, or
fees/payment required as condition to filing suit. 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 enactment or 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 any City ordinance, resolution or other enactment
or action, and payment of all said taxes, assessments or fees, plus any interest
and penalties shall be required as a condition precedent to seeking judicial
review of any tax, assessment or fee liability. For purposes of this section, the
term "City" shall include, but not be limited to any agency, district or entity formed
or governed by the City."
SECTION 10. Effective Date. This Resolution shall take effect
immediately upon its adoption.
SECTION 11. Severability. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Resolution, or any part thereof is
for any reason held to be unconstitutional, such decision shall not affect the
validity of the remaining portion of this Resolution or any part thereof. The City
Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence,
clause or phrase be declared unconstitutional.
SECTION 12. Certification. The City Clerk shall certify the passage of this
Resolution and shall cause the same to be entered in the book of original
Resolutions of said City; and shall make a minute passage and adoption thereof
in the records of the meeting at which time the same is passed and adopted.
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PASSED APPROVED, AND ADOPT E this 2nd da of June 20 ^
DEREK REEVE, MAYOR
A
A M RIS, C CL K
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 15-06-02-01 was duly adopted
by the City Council of the City of San Juan Capistrano at a Regular meeting
thereof, held t e 2 n day of June 2015, by the following vote:
AYES: UNCIL MEMBERS: Allevato, Perry, Ferguson, Patterson and Mayor Reeve
NOES: UNCIL MEMBER: None
ABSEN UNCIL MEMBER: None
MA"A R IS, City C k
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