HomeMy WebLinkAboutResolution - 2232 RESOLUTION NO. 2232
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF SAN JACINTO ESTABLISHING PROCEDURES FOR
THE HANDLING OF CLAIMS UNDER THE CALIFORNIA
GOVERNMENT TORT CLAIM ACT.
The City Council for the City of San Jacinto hereby resolves as
follows:
Section 1 . Purpose: This resolution is intended to establish
procedures for the efficient handling of tort claims filed with
the City Clerk, pursuant to Government Code Section 900 et. seq.
Section 2 . Claims: All claims presented to the City of San
Jacinto alleging any right, action or claim for damage, shall be
presented to the City Clerk. The City Clerk shall thereupon
stamp the claim as "Received" and endorse thereon the date of
receipt. Any City employee or department which receives a letter
from any person or entity which contains any such demand or claim
shall immediately transmit such letter to the City Clerk for
review and handling pursuant to this Resolution. Claims shall
contain such information as is required by the Tort Claim Act.
When practicable, claims shall be presented upon the form
established therefor and copies of the form shall be made
available to any person so requesting at the office of the City
Clerk.
Section 3 . Public Entity Claims: Any claim by the State of
California, any County, City, District or other public agency or
entity, including any claims for indemnity, shall be presented to
the City Clerk for processing under the procedures set forth in
the Tort Claim Act, as a prerequisite to suit.
Section 4 . Other Claims Excepted By Tort Claim Act:
Notwithstanding the provisions of Government Code Section 905,
and as a prerequisite to suit, there shall be presented to the
City Clerk, pursuant to the procedures and within the time
limitations specified below, under the Tort Claim Act, any claim
for the following:
(a) Claims related to tax matters and assessments.
(within one year after payment of any tax or
assessment)
(b) Mechanics and other construction liens. (within 6
months)
(c) Claims for salary, expenses, pension benefits,
workers' compensation and unemployment
compensation. (within 6 months)
(d) Claims on bonds and other public-financing
matters. (within 6 months)
(e) Claims to penalties withheld on public works
projects. (within 6 months)
(f) Claims concerning the creation of pedestrian
malls. (within 6 months)
Nothing contained within this Section shall be construed to
expand or extend any other applicable limitations period for the
filing of suit, presentment of claims, liens, stop notices or any
other action required by law, regulation or ordinance.
Section 5 . Processing of Claims: Upon receipt, the City Clerk
shall provide copies of the claim to the City Attorney and to the
City' s Claims Administrators. The Claims Administrator shall
make recommendation to the City Clerk as to the action to be
taken. Unless previously settled pursuant to Section 6. below,
upon the recommendation of the Claims Administrator, with the
concurrence of the City Attorney, the claim shall be placed on
the Council Agenda for action. The agendized claim shall include
the recommendation of the Claims Administrator. To the extent
practicable, all claims shall be processed within the time limits
contained within the Tort Claim Act.
Section 6. Administrative Discretion: Notwithstanding the
above, the City Claims Administrator, with the concurrence of the
City Attorney, shall have the authority to settle
administratively, any action claiming damages of $1, 000. 00 or
less. Any settlement made under this provision shall be
accompanied with the claimant's written agreement of settlement
and release of claim.
MOVED, PASSED AND ADOPTED this 15th day of November 1994 .
AYES: Councilmembers Oaks , Solorio, Williams, Mayor Hafliger
NOES: None
ABSTAIN: None A
ABSENT: Councilmember Leahy jL � da, _
enry afl"ig r, Pfayor
Attest:
-' City Clerk
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