Ordinance No. 1199ORDINANCE NO. 1199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON ADDING SECTION 2.11-1 TO ARTICLE III OF
CHAPTER 2 OF THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, RELATING TO INVESTIGATION,
DENIAL AND SETTLEMENT OF CLAIMS AND DEMANDS
AGAINST THE CITY
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California and
WHEREAS, by adoption of Ordinance No. 700 on May 7, 1957, l
the City Council of the City enacted regulations regarding presenting,
auditing and payment of demands against the City, which are codified
.in Article III of Chapter 2 of the Vernon City Code; and
WHEREAS, on March 5, 2007, the City Council of the City of
Vernon adopted Ordinance No. 1129 amending Article III of Chapter 2
of the Vernon City Code, "Claims and Demands Against City" to revise
Sections 2.10 through 2.16 of Article III of Chapter 2 of the Code;
and
WHEREAS, the City Council of the City of Vernon desires to
amend Article III of Chapter 2 of the Vernon City Code to add Section
2.11-1 in order to allow administrative processing of all claims and
administrative resolution of claims below a specific dollar threshold
and in order to increase transparency by requiring public posting of
all claims filed against the City.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:.
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: Section 2.11-1 is hereby added to Article III of
Chapter 2 of the Vernon City Code and shall read as follows:
Section 2.11-1. Delegation of claims functions.
The Finance Director, or the Finance Director's designee, is
authorized and directed to act on claims filed against the City,
pursuant to Government Code Sections 900, et seq., by investigating
such claims, sending out all appropriate notices, including late claim
rejections and denial notices and to allow, compromise or settle
claims in a sum not to exceed $2,500, per -claim. The City
Administrator shall have authority to allow, compromise or settle
claims in an amount not to exceed $25,000, per claim. The name of
each claimant and the amount demanded in each claim shall be listed on
the public agenda of a City Council meeting as soon after filing of
the claim with the City as practical.
SECTION 3: Any ordinance or parts of ordinances in conflict
with this Ordinance are hereby superseded.
SECTION 4: Severability. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word in this
Ordinance or any part thereof is for any reason held to be unconstitutional
or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining
portions of this Ordinance or any part thereof.The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases
or words be declared unconstitutional, or invalid, or ineffective.
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SECTION 5: Book of Ordinances. The Interim City Clerk
shall attest and certify to the adoption of this Ordinance and shall
cause this Ordinance and the Interim City Clerk's certification to be
entered in the Book of Ordinances of the Council of this City. The
Interim City Clerk shall cause this ordinance to be published or posted
as required by law.
SECTION 6: Effective Date.
This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 18th day of December, 2012.
Name: Willij J. Davis
ATTES
Dana e`d, Interim City Clerk
Title: Mayor / M7707--t'T7
7`7
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, DANA REED, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance, being Ordinance
No. 1199, was duly and regularly introduced at a meeting of the
City Council of the City of Vernon, held in the City of Vernon on
Tuesday, December 4, 2012, and thereafter adopted at a meeting of
said City Council held on Tuesday, December 18, 2012, by the
following vote:
AYES: Councilmembers: Mayor Davis, Mayor Pro-
Tem McCormick, Maisano,
Martinez, Ybarra
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this �-- day of December, 2012, at Vernon,
California.
J
Da a Reed
Interim City Clerk
(SEAL)
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: December 19, 2012
TO: Rory Burnett, Finance Director/City Treasurer
Mark Whitworth, City Administrator/Fire Chief
FROM: Deborah Juarez, Records Management Assistant
RE: Ordinance No. 1199 — An Ordinance of the City Council of the City of Vernon Adding
Section 2.11-1 to Article III of Chapter 2 of the Code of the City of Vernon, California,
1959, Allowing the Administrative Review of Tort claims and Demands Against the City
and Requiring the Listing of Claims Filed on the Public Meeting Agenda
Transmitted herewith is a copy of Ordinance No. 1199 referenced above, which was approved by City
Council on December 18, 2012.
Thank you.
Attachment
c: Ana Barcia
Kristen Enomoto
City Council
Ordinance No. 1199
RECEIVED
NOV 2 7 2012
CITY CLERK'S OFFICE
STAFF REPORT
CITY ADMINISTRATION
DATE: November 26, 2012
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrator
RE: ORDINANCE NO. 1199 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF VERNON ADDING SECTION 2.11-1 TO ARTICLE
III OF CHAPTER 2 OF THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, ALLOWING THE ADMINSTRATIVE REVIEW
OF TORT CLAIMS AND DEMANDS AGAINST THE CITY AND
REQUIRING THE LISTING OF CLAIMS FILED ON THE PUBLIC
MEETING AGENDA
Recommendation
It is recommended that the City Council find that adoption of the Ordinance proposed in this
staff report is exempt under the California Environmental Quality Act (CEQA) in accordance
with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment:
It is recommended that the City Council adopt ORDINANCE NO. 1199 — An Ordinance Of
The City Council Of The City Of Vernon Adding Section 2.11-1 to Chapter 2 Of The Code
Of The City Of Vernon, California, 1959, Relating To Claims And Demands Against The
City, which will allow the administrative review of tort claims and demands against the City and
require the listing of claims filed on the City Council's public meeting agendas.
Background
In California; before a public entity can be sued, a person must file a claim meeting the
requirements of the California Tort Claims Act, California Government Code, Sections 810, et
seq. With few exceptions, no lawsuit for money damages may be brought against a government
entity unless a written claim has been properly filed within the six month time limit set by the
Government Code.
Presently, all claims received the City of Vernon are reviewed and acted upon by City.Council.
While the City Council should have the central role in all policy matters, receiving and acting
upon claims is generally an administrative matter handled by professional staff. Staff has been
advised by consultants and its present City Attorney that asking the City Council to handle this
type of administrative matter is out of the norm and takes focus away from other, critical policy
matters in which the City Council does play a central role.
Allowing claims to be investigated and denied administratively, and providing limited
settlement authority to staff will save resources of both staff and the City Council. The City
Council will still retain authority in settlement of matters in excessof the amount delegated to
the City Administrator. In addition, claims will be listed on the public agenda of City Council
meetings to inform both the City Council and the public of claims that have been made. This is
not presently required and will increase the transparency of the claims process. The City Council
would, of course, retain its right to bring any specific claim before it, and the public would have
the right to comment on any claim in public session.
The proposed ordinance provides settlement authority up to $2,500 to the Finance Director and
up to $25,000 to the City Administrator, per claim. Any settlement in excess of $25,000 would
still require City Council approval.