HomeMy WebLinkAboutOrdinance No. 2024-02 Claims Settlement AuthORDINANCE NO. 2024-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
AMENDING SECTIONS 3-3 OF CHAPTER 3 OF THE AZUSA
MUNICIPAL CODE TO INCREASE THE SETTLEMENT AUTHORITY
OF THE CITY MANAGER FROM $25,000 TO $50,000 FOR RESOLVING
CLAIMS AGAINST THE CITY.
WHEREAS, it is sometimes in the best interest of the City of Azusa (“City”), to settle
claims against the City in an expeditious manner; and
WHEREAS, California Code, Government Code - GOV § 935.4 reads: A charter
provision, or a local public entity by ordinance or resolution, may authorize an employee of the
local public entity to perform those functions of the governing body of the public entity under this
part that are prescribed by the local public entity, but only a charter provision may authorize that
employee to allow, compromise, or settle a claim against the local public entity if the amount to
be paid pursuant to the allowance, compromise or settlement exceeds fifty thousand dollars
($50,000). A charter provision, ordinance, or resolution may provide that, upon the written order
of that employee, the auditor or other fiscal officer of the local public entity shall cause a warrant
to be issued upon the treasury of the local public entity in the amount for which a claim has been
allowed, compromised, or settled; and
WHEREAS, the current settlement authority of the City Manager ($25,000), should be
raised to $50,000 to make it possible to settle such claims and to be consistent with the City
Managers current contract authority.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 3-3 of Chapter 3 of the City of Azusa Municipal Code is
amended to read as follows:
Sec. 3-3. - Authority of city manager.
The city council delegates authority to the city manager and their designee to
review all claims for sufficiency and to reject any and all claims. The city council
delegates to the city manager, and/or their designee, authority to allow,
compromise, or settle claims for an amount up to $50,000.00. The city council shall
have sole authority to allow, compromise, or settle claims for an amount in
excess of $50,000.00.
SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly, or indirectly.
SECTION 3. EFFECTIVE DATE. This Ordinance shall become effective thirty (30)
days after its adoption.
SECTION 4. SEVERABILITY. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for any reason
to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable. The City
Council of the City of Azusa hereby declares that it would have adopted this ordinance and each
section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 5. PUBLICATION. The City Clerk shall certify the adoption of this Ordinance
and shall cause the same to be posted as required by law.
PASSED, APPROVED, and ADOPTED this day of May 2024.
7Robert Gdfizales
Mayor
ATTEST:
Jefft^y/W
dty Clerk
Cornej
)STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
) ss.
)
I HEREBY CERTIFY that the foregoing Ordinance No. 2024-02 was duly introduced
and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held
on the 15’^ day of April 2024, and that thereafter, said ordinance was duly adopted and passed at a
regular meeting on the 6“’ day of May, 2024, by the following vote of the Council:
COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH
COUNCILMEMBERS:
AYES:
NOES:
ABSENT: COUNCILMEMBERS
Jeffiey
Ofty clerk
ornejo, Jr.re.
APPROVED AS TO FORM:
Best, Bf St & Krieger, LLP |
City Attorney *
- MUNICIPAL CODE
Chapters CLAIMS AGAINST THE CITY
Chapter 3 CLAIMS AGAINST THE CITY
Sec. 3-1. Applicability of chapter.
The provisions of this chapter are enacted pursuant to California Government Code Section 935 and shall
apply to all claims against the city for money or damages, provided that such claims are not governed by any other
statutes or regulations. Claims against the city or any of the city's elected officials, officers, employees or agents
which are exempted by California Government Code section 905 from the tort claims procedures contained in
Chapter 1 and Chapter 2 or Part 3 of Division 3.6 of Title 1 of the California Government Code and which are not
governed by any other state statute, regulation or provision of this Code shall be governed by this chapter.
(Ord, No. 01-06, § 1, 9-17-01; Ord. No. 05-09, § 1, 12-19-05)
Sec. 3-2. Presentation of claims—Prerequisite for bringing suit.
In accordance with California Code Section 935, subdivision (b), 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. 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.
(Ord. No. 01-06, § 1, 9-17-01}
Sec. 3-3. Authority of city manager.
The city council delegates authority to the city manager and his or her designee to review all claims for
sufficiency and to reject any and all claims. The city council delegates to the city manager authority to allow,
compromise, or settle claims for an amount up to $25,000.00. The city council shall have sole authority to allow,
compromise, or settle claims for an amount in excess of $25,000.00.
(Ord. No. 01-06, § 1, 9-17-01; Ord. No. 13-05, § 1,1-6-14)
Sec. 3-4. Contents of claim—Review for sufficiency.
A claim shall be made in writing and shall be presented to the city clerk by the claimant or by a person acting
on the claimant's behalf. A person acting on the claimant's behalf may include, but not be limited to, his or her
guardian, conservator, executor or administrator. A claim shall show all information as required by Government
Code Section 910. A claim must be signed by the claimant or by a person acting on the claimant's behalf, as
described above. No claim may be filed on behalf of a class of persons unless signed or verified by every member
of that class as required by this section. The city manager, or his or her designee, may, within twenty (20) days of
receipt of a claim, either personally deliver or mail to claimant a notice stating deficiencies on the claim presented.
If such notice is delivered or sent to claimant, the city shall not act upon the claim until at least fifteen (15) days
after such notice is sent.
(Ord. No. 01-06, § 1, 9-17-01)
Azusa, California, Code of Ordinances
(Supp. No. 69)
Created: 20Z4-83-08 14;52;0l [EST]
Page 1 of 3
Sec. 3-5. Time limitation for presentation of claims.
Any claim specified in section 3-1 of this chapter shall be presented within the following time limitations:
(1) 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.
(2) Claims relating to any other cause of action shall be presented within one (1) year after the accrual of
the cause of action.
(Ord. No. 01-06, §1, 9-17-01}
Sec. 3-6. Time for action by city.
The city council or city manager or his or her designee shall act on a claim within 45 days after the claim has
been presented. By mutual agreement of the claimant and the city council or city manager or his or her designee,
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.
(Ord. No. 01-06, § 1, 9-17-01)
Sec. 3-7. Application to file a late claim.
Any applicant who fails to file a claim within the time period required by section 3-5 of this chapter 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 or his or her designee, shall grant or deny the application to present a late
claim within 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.
(Ord. No. 01-06, § 1, 9-17-01)
Sec. 3-8. 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 any applicable statute of limitations.
(Ord. No. 01-06, §1, 9-17-01)
Sec. 3-9. Suit.
Any suit for money or damages brought against the city upon a written claim, as prescribed by this chapter,
shal l conform to the requirements of sections 940—949 of the California Government Code. Any action brought
against any employee of the city shall conform to the requirements of sections 950—951 of the California
Government Code.
(Ord. No. 01-06, § 1, 9-17-01)
Created: 2024-03-08 14;52;01 (EST]
(Supp. No. 69)
Page 2 of 3
Sec. 3-10. Effective date of chapter.
Subject to section 3-8, the provisions of this chapter shall apply retroactively to any causes of action
occurring prior to the effective date of this chapter; provided, how/ever, that a claimant who has a cause of action
occurring more than ten months before the effective date of this chapter shall file a claim within sixty days after
this chapter's effective date in accordance with its provisions or such claim shall be barred.
(Ord. No. 01-06, § 1, 9-17-01)
Creates: 2024-03-08 14:52:01 [EST]
(Supp. No. 69)
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