HomeMy WebLinkAbout79-12 Adding Secs 2-185.1, 2-187.1, and 2-189.1 to Govt Code SectionsORDINANCE NO. _ 9- / �•.►
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, ADDING SECTIONS 2-185.1,
2-187.1 AND 2-189.1 TO THE COSTA MESA MUNI-
CIPAL CODE, PURSUANT TO GOVERNMENT CODE
SECTIONS 910.8, 935.2 AND 935.4.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Costa Mesa
finds and declares that a procedural mechanism to facilitate
evaluation of the sufficiency of claims and the handling of
settlement of claims is necessary and desirable. It further
finds that the creation of such a mechanism, including the for-
mation of a body of three or more employees with the authority
to settle claims up to and including Five Thousand ($5,000.00)
Dollars, is permitted by Sections 935.2 and 935.4 of the Govern-
ment Code. It further finds that the authority to designate
an employee with the authority to determine the insufficiency
of a claim is provided by Section 910.8 of the Government Code.
It further finds that the authority to designate an employee with
the authority to determine the timeliness of a claim is implied
by Section 911.2 of the Government Code.
SECTION 2: Article 3 of Title 2, Chapter V, of the
Costa Mesa Municipal Code is hereby amended by adding Sections
2-185.1, 2-187.1 and 2-189.1 and by amending Sections 2-189 as
follows:
S2-185.1 Sufficiency of Claims.
In the case of any claim which, in the opinion of the
City Clerk, fails to comply substantially with the requirement
of Sections 910 and 910.2 of the Government Code, or with the
requirements of a form provided under Section 910.4 of the
Government Code if a claim is presented pursuant thereto, the
City Clerk shall give written notice of its insufficiency, stating
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with particularity the defects or omissions therein. Such notice
may be given personally to the person presenting the claim or
by mailing it to the address, if any, stated in the claim as the
addr`ss to which the person presenting the claim desires notices
to be sent. If no such address is stated in the claim, the
notice may be mailed to the address, if any, of the claimant
as stated in the claim.
§2-187.1 Timeliness of Claims.
In the case of any claim which seeks money damages based
upon any provision of state law, where it is the opinion of the
City Clerk that such claim is not presented within the appropriate
time as prescribed by Article 2, (commencing with Section 915)
of Chapter 2 of Title 1 of the Government Code, the City Clerk
shall not file the claim and shall promptly give written notice
to the claimant that such claim has not been filed, stating with
particularity the reason therefor. Such notice may be given
personally to the person tendering the claim or by mailing it to
the address, if any, stated in the claim as the address to which
the person presenting the claim desires notices to be sent. If
no such address is stated in the claim, the notice may be mailed
to the address, if any, of the claimant as stated in the claim.
§2-189 Disposition of Claim.
If the City Council finds that any such claim or demand
is not a proper charge against the City it shall be rejected
by resolution or minute action, and the fact of rejection shall
be plainly endorsed upon the claim by the City Clerk. If any
such claim or demand is determined to be a proper charge against
the City, the same shall be allowed only under authority of
S2-189.1 upon written order of the Insurance Committee or by
resolution setting forth as to each claim the name of the claimant,
a brief statement of the claim, the amount allowed and a desig-
nation of the fund out of which it is to be paid. Any such
claim may be allowed in part and rejected in part by the City
Council.
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§2-189.1 Settlement of certain claims.
(a) The City Council authorizes an Insurance Committee,
comprised of not less than three employees of the City as
designated by resolution, to perform such functions of the
governing body of the public entity as provided in Chapter 5
of Title 1 of the Government Code, including the negotiation of
all claims and settlement of any claim where the amount to be
paid pursuant to an allowance, compromise or settlement does
not exceed Five Thousand ($5,000.00) Dollars. Upon written
order of the Insurance Committee, the Director of Finance shall
cause a warrant to be issued upon the treasury of the City in
the amount for which a claim has been allowed, compromised or
settled.
(b) The Insurance Committee may designate certain claims
for possible allowance, compromise, or settlement as negotiated
by a claims administrator under contract with the City provided
that such allowance, compromise or settlement does not exceed
the sum of One Thousand ($1,000.00) Dollars.
SECTION 3: This ordinance shall take effect and be in
full force and effect thirty (30) days from and after its
passage, shall be published once in the Orange Coast Daily
Pilot, a newspaper of general circulation printed and published
in the City of Costa Mesa, together with the names of the members
of the City Council voting for and against the same.
PASSED AND ADOPTED this day of
1979. 0
E c aria d, ayor of the City
of Costa Mesa
ATTEST:
6�1
E een P. P inney, City C er APP VED AS TO FORM
of the City of Costa Mesa ,
C,TY ATT RNEY,
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa, hereby certify
that the above and foregoing Ordinance No. 79-12 was introduced
and considered section by section at a regular meeting of said
City Council held on the 16th day of July, 1979, and thereafter
passed and adopted as a whole at a r gular meeting of said City
Council held on the — day of 1979, by the
following roll call vote:
AYES: Council Members: /ke- �` $� lea -C -7k � U'
NOES: Council Members:
ABSENT: Council Members: 1c.'qv'-'
IN WITNESS WHEREOF, I have hereunto set my hand andffixed
the Seal of the City of Costa Mesa this —� day of a 5f.
1979.
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G, CAL���
City
Clerk and
ex -officio
Clerk
of the
City
Council of
the City
of Cos
Mesa
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