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Home My WebLink About6.7 Claims Ord Amendmt CITY CLERK FILE #170-10 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 17, 2002 SUBJECT: Public Hearing Ordinance Amending Section 1.04.070 and Adding Section 1.04.75 to the Dublin Municipal Code relating to Claims (Report prepared by John Bakker, City Attorney's Office) ATTACHMENTS: 1. Ordinance Amending Section 1.04.070 and Adding Section 1.04.75 to the Dublin Municipal Code relating to Claims RECOMMENDATION: 1. Open Public Hearing 4~23. Receive Staff Presentation and Public testimony · Close Public Hearing and Deliberate 4. Waive the reading and INTRODUCE the Ordinance FINANCIAL STATEMENT: No immediate fiscal impact! Ordinance could reduce future liability in the event of a purported class claim. DESCRIPTION: The City Attorney's office reviewed the City's Municipal Code provisions dealing with claims for money or damages and recommends several revisions. The Tort Claims Act and the City's local claims ordinance (Dublin Municipal Code, § 1.04.070) require the presentation of a claim to the City prior to the commencement of a lawsuit against the City. The City's local claims ordinance, which is specifically authorized by the Tort Claims Act, specifically requires the presentation of a claim as a prerequisite to a lawsuit where the Tort Claims Act does not apply. The claims-filing requirement is designed to provide the City with an opportunity to settle meritorious claims without the burden and expense of litigation. The attached ordinance would require each person seeking recovery of money or damages to first file a claim with the City and would not permit a representative claimant to bring a claim on behalf of all similarly situated persons, i.e. those who also allegedly are entitled to money or damages from the City. This ordinance would not prevent the refund of monies or payment of damages or prevent any person with a legitimate claim from obtaining relief. It would merely require each person seeking relief to file a claim prior to bringing a lawsuit. The amendments to section 1.04.070 add these requirements to the City's local claims ordinance. New section 1.04.075 would apply the same requirements to claims that are subject to the Tort Claims Act, but only if such claims are claims for refunds from the City. It is designed to avoid administrative expenses that benefit neither the claimants nor the City and to provide refunds quickly and efficiently to those that want them if their claims are meritorious. It is consistent with case law that authorizes procedural restrictions on refund actions based on government's exceedingly strong interest in financial stability. Recommendation: Staff recommends that following the public hearing the Council waive the reading, INTRODUCE the Ordinance and continue the matter to the next regular meeting. ITEM NO. ~ ORDINANCE NO. - 02 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 1.04.070 AND ADDING SECTION 1.04.75 TO THE DUBLIN MUNICIPAL CODE RELATING TO CLAIMS The City Council of the City of Dublin does hereby ordain as follows: Section 1. Section 1.04.070 is amended to the Dublin Municipal Code to read as follows: 1.04.070 Claims for money or damages--Procedure A. Claims against the city for money or damages which are exempted by Government Code Section 905 from Chapter 1 and Chapter 2 of Part 3 of-Division 3.6 of the Title 1 of the Government Code of the State of California, and which are not governed by any other statutes or regulations expressly related thereto, shall be governed by this section. A claim relating to such a cause of action shall be presented not later than one year after the accrual of the cause of action. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code in so far as said divisions are not in conflict with this section. B. No suit for money or damages may be brought against the city until a written claim: verified by the person who claims to be entitled to be paid the money or damages, or who has paid the money sought to be refunded, or by the claimant's guardian, conservator, or the executor or administrator of the claimant's will or estate, there.%re has been presented to the City Council and has been acted upon or has been deemed to have been rejected by the City Council, in accordance with this section. Any action brought against the City on such a clai~n shall be subject to the provisions of sections 945.6 and 946 of the Gove~m~ent Code. C. Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code, written agreements entered into by or in behalf of the city may provide all claims arising out of or related to the agreement must be presented not later than the one hundredth (!00th) day after the accrual of the cause of action, and such claims shall be governed by the provisions of this section. Section 2. Section 1.04.75 is added to the Dublin Municipal Code to read as follows: 1.04.075 Claims for Refund Subject to the Tort Claims Act--Procedure Where a claim for refund is subject to Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code of the State of California, the claim shall be verified by the person who has paid the money sought to be refunded, by his guardian or conservator, or by the executor Or administrator of his or her will or estate. No suit for refund may be brought against the City until a written claim pursuant to this section has been presented to the City and has been acted upon or has been deemed to be rejected by the City, in accordance with the Tort Claims Act. Section 2. Severability: In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. ~o '7 qjl¢/z> ~ ATTACHMENT 1 Section 3: Savings Clause: All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Section 4. Effective Date and Posting of Ordinance: This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in aCcordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of , 2002, by the following votes: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK