HomeMy WebLinkAboutOrd 1989-2293 ORDINANCE NO. 2293
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 1.34 TO THE CHULA VISTA MUNICIPAL CODE
RELATING TO CLAIMS REQUIREMENT AND PROCEDURES
The City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That Chapter 1.34 is hereby added to the
Chula Vista Municipal Code to read as follows:
CHAPTER 1.34 CLAIMS REQUIREMENT AND PROCEDURES.
Sec. 1.34.010 Purpose and Intent of Claim Regulations.
The purpose of this ordinance is to require the
filing of claims for matters which are specifically
excluded under Government Code S905 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 930.2).
Sec. 1.34.020 Claim 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 the City.
Sec. 1.34.030 Claims Procedure.
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).
Sec. 1.34.040 Time for Presentation of Claims.
A. A claim relating to a cause of action for death or
for injury 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 (6) months after the accrual of the cause of
action.
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B. 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 (6) months from
the date the claimant is served with the complaint
giving rise to the claimant's claim for equitable
indemnity or partial equitable indemnity.
C. 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 100 days of the accrual of the cause
of action; or if a grievance procedure applicable
to the claimant provides for submission 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.
D. A claim relating to any other cause of action shall
be presented, in the manner provided in Article 2
(commencing with Section 915) of the California
Government Code, not later than one year after the
accrual of the cause of action.
Sec. 1.34.050 Delegation.
The functions of the City Council required to be
performed in considering and rejecting, approving,
compromising or settling claims provided for by this
chapter are hereby delegated to and shall be performed
by the Director of Personnel. 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 Director of Personnel,
provided such amount does not exceed $10,000.
Sec. 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).
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SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by and Approved as to form by
D. Richard Rudolf, Assistant City Attorney
5154a
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA· CALIFORNIA· HELD February 7 19 89 AND
, ·
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD February 14,
19 89 · BY THE FOLLOWING VOTE· TO-WIT:
AYES: Councilmen: McCandliss, Nader, Cox, Malcolm, Moore
NAYES: Councilmen: None
ABSTAIN: Councilmen: None
ABSENT: Councilmen: None
· City of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio,
DO HEREBY CERTIFY thor the obove and foregoing is 0 full, true and correct copy of
ORDINANCE NO, 2293 ,ond thor the some hoe not been omended or repealed.
DATED
City Clerk
CC-660