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ORDINANCE NO. 2120
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING
ARTICLE 1, CHAPTER 9 OF THE ARCADIA
MUNICIPAL CODE ESTABLISHING PROCEDURES
FOR PROCESSING CLAIMS AGAINST THE CITY
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS: .
SECTION 1.
Article 1, Chapter 9 of the Arcadia Municipal Code is
hereby deleted in its entirety and restated to read as follows:
Chapter 9
CLAIMS AGAINST THE CITY
Sections:
1900 Applicability of chapter.
1901 Presentation of claims - Prerequisite for bringing suit.
1902 Authority of City Manager.
1903 Contents of claim - Review for sufficiency.
1904 Time limitation for presentation of claims.
1905 Time for action by City.
1906 Application to file a late claim.
1907 Time barred claim.
1908 Effective date of chapter.
1900 - APPLICABILiTY; OF CHAPTER. The provisions of this chapter
are enacted pursuant to Government Code section 935 and shall apply to all claims
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against the City for money or damages, provided that such claims are not governed
by any other statutes or regulations.
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1901. PRESENT A nON O~ CLAIMS - PREREQUISITE FOR
BRINGING SUIT. 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.
1902. 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 rejedany'anllall ciaims:. The City Council delegates to the City
Manager authority to allow, compromise, or settle claims for an amount up to ten
thousand dollars ($10,000). The City Council shall have sole authority to allow,
compromIse, or settle claims for an amount in excess of ten thousand dollars
($10,000).
1903. CONTENTS OF CLAIM - REVIEW FOR SUFFICIENCY. A claim
shall be presented to the City Clerk by the claimant or by a person acting on the
claimant's behalf and shall show all iriformation as required by Government Code
section 910. The City Manager, or his or her designee, shall review all claims for
sufficiency of information. 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 in the claim presented. If such notice is delivered or
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sent to claimant, the City shall not act upon the claim until at least fifteen (15) days
after such notice is sent.
1904. TIME LIMITATION FOR PRESENTATION OF CLAIMS. Any
claim specified in Section 1900 of this chapter shall be presented within the
following time limitations:
a) 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.
b) Claims relating to any other cause of action shall be presented within
one (1) year after the accrual of the cause of action.
1905. TIME FOR ACTION BY CITY. The City Councilor City Manager
or his or her designee shall act on a claim within forty-five (45) days after the
claim has been presented. By mutual agreement of the claimant and the City
Councilor City Manager or his or her designee, such forty-five (45) day period
may be extended by written agreement. If the claim is not acted on within forty-
five (45) days, it shall be deemed to have been rejected on the forty- fifth (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.
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1906. APPLICATION TO FILE A LATE CLAIM. Any applicant who fails
to file a claim within the time period required by Section 1904 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
forty-five (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.
1907. 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 an
applicable statute of limitations.
1908. EFFECTIVE DATE OF CHAPTER. Subject to Section 1907, the
provisions of this chapter shall apply retroactively to any causes of action
occurring prior to the effective date of this chapter; provided, however, 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 (60) days after this
chapter's effective date in accordance with its provisions or such claim shall be
barred."
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SECTION 2: The provIsIons of this ordinance are severable and the
invalidity of any section, paragraph, phrase, clause or part of this ordinance shall
not affect the validity or effectiveness ofthe remainder of this ordinance.
.
SECTION 3: This Ordinance shall be in full force and effect thirty (30)
days after its passage.
SECTION 4: The City Clerk shall certify to the adoption of this Ordinance
and shall cause a copy or summary of same to be published in the official
newspaper designated by the City of Arcadia within fifteen (15) days after its
adoption.
Passed, approved and adopted this 18th day of July
,2000.
ATTEST:
,d
City
. APPROVED AS TO FORM
~'." . .
rr~'/J."l~
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Ordinance No. 2120 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 18th day of July, 2000 and that said Ordinance.
adopted by the following vote, to wit:
AYES: Councilmember Chandler, Chang, Marshall, Segal and Kovacic
NOES: None
ABSENT: None
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