2004 AGN JAN 20 I02 - Laserfiche WebLink

Browse Search

CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF January 20, 2004 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Dilu de Alwis, Finance Director Dean Derleth, City Attorney Item #2 SUBJECT: Adoption of Ordinance Amending Procedures For Processing of Claims Against the City and Approval of Guide For Handling Claims Against the City DATE: January 8, 2004 BACKGROUND: The City of Colton's existing ordinance regulating the filing of claims against the City contains language that is in direct conflict with certain provisions of the Tort Claims Act (Gov. Code § 900 et seq.). Specifically, Section 3.04.010 of Chapter 3.04 conflicts with the Tort Claims Act regarding the period of time allowed for filing claims against the City and the required contents of such claims. Section 3.04.010 also omits important provisions, such as: (1) requiring a claim to be presented prior to bringing a lawsuit against the City; (2) stating the legal time limits for the City to act on claims; and (3) providing a process for filing late claims. The most significant of the above discrepancies is the conflict regarding the time period for filing claims. Section 3.04.010 of the Colton Municipal Code states that all claims against the City must be filed "within ninety days from the date of the occurrence of the negligent act." By contrast, the Tort Claims Act allows six (6) months to file personal injury and personal property damage claims and one year to file real property damage claims. (Gov. Code § 911.2.) The Government Code specifies that claims procedures adopted by local public entities cannot require time periods for presenting claims that are shorter than the six-month and one-year periods provided under the Tort Claims Act. (Gov. Code § 935, subd. (c).) This conflict between the City's time period for filing claims and the Tort Claims Act requirements needs to be resolved. In addition, Section 3.04.010 states that claims "shall specify the name and address of the claimant, the date, the place and nature of the negligent act, and the extent of the injuries or damages received." Under the Tort Claims Act, additional information is required for the contents of a claim, including: (1) the postal address to which the person presenting the claim desires notices to be sent; (2) the name(s) of the public employee(s) who allegedly caused the injury, damage, or loss, if known; (3) the amount claimed if it totals less than $10,000, along with the basis for the computation of the amount claimed; and (4) the signature of the claimant or his or her representative. To avoid potential problems, the City's requirements for the contents of claims should be amended to follow the requirements of the Tort Claims Act. The reason for the above described conflicts is that the City's claims ordinance was adopted in 1940, long before the Tort Claims Act was enacted in 1963. Staff believes the City would be greatly benefited by amending the conflicts so that the Municipal Code can comply with requirements of State law.