HomeMy WebLinkAboutOrd 1999-2772ORDINANCE NO. 2772
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 1.34 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO CLAIMS REQUIREMENTS AND PROCEDURES
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION h That Chapter 1.34 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Chapter 1,34
CLAIMS REQUIREMENTS AND PROCEDURES
Sections:
1,34,010
1,34.020
1,34.030
1.34.040
1.34.050
1.34.060
Purpose and Intent of Claim Regulations.
Claims Requirement.
Claims Procedures.
Time for Presentation of Claims.
Delegation.
Late Claims.
1.34.010 Purpose and intent of claims regulations.
The purpose of this ordinance is to require the filing of claims for matters which are
specifically excluded under Government Code §905 and which are not governed by any other
statutes or regulations expressly related thereto. Additionally, this ordinance sets forth claims
presentation, consideration and payment provisions applicable to and to be incorporated by
reference in, all written agreements entered into by the city. (See Government Code §935
and §938).
1.34,020 Claims Requirement.
No suit shall be brought against the city unless a claim has been presented in writing
and filed with the city of Chula Vista and acted upon by tile city.
1.34.030 Claims Procedure_s.
Each claim filed pursuant to this chapter, shall follow the requirements prescribed by
Title 1, Division 3.6 of the California Government Code (commencing with Section 900,
excluding Section 905).
1.34.040 Time for Presentation of Claims.
A claim relating to a cause of action for death or for injHry to person or to personal
property or growing crops shall be presented, in the manner provided in Article 2
(commencing with Section 915) of the California Government Code, not later than six
months after the accrual of the cause of action.
Ordinance 2772
Page 2
Claims by the state or a state department or agency or by another local public entity
for equitable indemnity or partial equitable indemnity shall be presented, in the manner
provided in Article 2 (commencing with Section 915) of the California Government
Code, not later than six months from the date the claimant is served with the
complaint geving rise to the claimant's claim for equitable indemnity or partial equitable
indemnity.
A claim by a public employee for fees, salaries, wages, mileage or other expenses and
allowances shall be presented, pursuant to Government Code §930.4 within six
months of the accrual of the cause of action; or if a grievance procedure applicable to
the claimant provides for subnqission of grievances regarding the payment of fees,
salaries, wages, mileage or other expenses, such claim shall be presented, pursuant
to Government Code §935, within the time specified in said grievance procedure.
A claim relating to any other cause of action shall be presented, in the manner provided
in Article 2 (comrr~encing with Section 915) ot tire California Governlnent Code, not
later than one year after the accrual of the cause of action.
1.34.050 Delegation.
The functions of the city council required to be performed in considering and rejecting,
approving, cornpromising or settling claims provided for by this chapter are hereby delegated
to and shall be performed by the Risk Manager. The Director of Finance may cause a warrant
to be issued upon the city treasury in the amount for which any such claim has been allowed,
compromised or settled, by the Risk Manager, provided such amount does not exceed
$50,000.
1.34.060 Late Claims.
If claims required by this chapter to be submitted within a period of less than one year
are not submitted within the stated time (see §1.34.040 A, B, and C), an application may be
made to the city to present such claim within one year of the accrual of the cause of action
and in accordance with the requirements of Government Code §930.4 and §935(e).
SECTION Ih This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
Approved as to forin by
Candy Emerson ~c/c~ '
Human Resources Director
Ordinance 2772
Page 3
PASSED, APPRQVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of February, 1999, by the following vote:
AYES: Councih'nembers: Davis, Padilia and Horton
NAYS: Councih*nembers: None
ABSENT: Councilmembers: Moot and Salas
ABSTAIN: Councilmembers: None
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
h Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2772 had its first reading at a regular meeting held on the 26'h day of January,
1999 and its second reading and adoption at a regular meeting of said City Council held on
the 2n" day of February, 1999.
Executed this 2'/~ day of February, 1999.
Susan Bigelow, City Clerk