HomeMy WebLinkAbout8/7/2002 - STAFF REPORTS (10) ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS AMENDING SECTION 3.16.010 - CLAIMS FOR
MONEY OR DAMAGES AND ADDING NEW SECTIONS 3.16.15
AND 3.16.18, AND AMENDING SECTIONS 3.24.150, 3.28.150,
AND 3.32.210 OF THE PALM SPRINGS MUNICIPAL CODE
WHEREAS, the City Charter in Section 909 provides the authority for the
requirement for any claims not governed by the general laws of the State of California to
be presented within ninety (90) days after the occurrence, event or transaction; and
WHEREAS, the courts have interpreted claims against local entities to be a
matter of statewide concern and only subject to local regulation where specifically
provided for by State law; and
WHEREAS, California Government Code 935 provides authority for cities to
adopt claims procedure requirements for claims not specifically covered by state law
while retaining certain time limitations on that control; and
WHEREAS, the current Municipal Code does not consistently refer to the general
claims procedure; and
WHEREAS, reference to a general procedure for claims presentation will add
clarity and ease of use to existing requirements in the Municipal Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Section 3.16.10 - Claims for money or damages , of Title 3, Revenue and
Finance of the Palm Springs Municipal Code, is hereby amended to read
in its entirety as follows:
3,16.010 Claims for Money or Damages. Pursuant to the authority
granted in Section 935 of the California Government Code, the claims
procedures in this Chapter are established as a prerequisite to bringing
suit against the city or any officer, department, commission or board of
the city, for any claim for money or damages (including claims which
would otherwise be excepted by Section 905 of the Government Code of
California) which is not governed by any other statutes or regulations
expressly relating thereto.
SECTION 2: Sections 3.16.015, 3.16.016 and 3.16.018 of Title 3, Revenue and
Finance of the Palm Springs Municipal Code are hereby added as new
provisions as follows:
3.16.15 Claims Presentation Requirements. All claims for money or
damages shall be presented and acted upon as a prerequisite to suit
thereon. Claims which are required to follow these procedures include
but are not limited to the following:
IRV 921703 V3 -I-
(1) Claims for the refund, rebate, exemption, cancellation,
amendment, modification or adjustment of any tax, assessment, fee or
charge or any portion thereof, or of any penalties, costs or charges
related thereto;
(2) Claims, in connection with which the filing of a notice of lien,
statement of claim, or stop notice is required under any provision of law
relating to mechanics', laborers' or materialmen's liens.
(3) Claims by public employees for fees, salaries, wages,
mileage or other expenses and allowances.
(4) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(5) Claims which relate to a special assessment constituting a
specific lien against the property assessed and which are payable from
the proceeds of such an assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
(6) Claims by the State or by a state department or agency or by
another local public entity.
3.16.016 Time and Place for Claim Presentations; Council Action.
(a) The presentation time requirements for all claims for money or
damages are those set forth in Government Code Section 911.2, which
requires claims for injury or death to a person to be filed within the 1001h
day from the date of the accrual of the cause of action and for all other
claims to be presented not later than one year after the accrual of the
cause of action.
(b) The presentation of the claim shall be by delivery to the City
Clerk either in person or by mail which is received within the above time
requirements.
(c) The claim is subject to the provisions of Government Code
Section 945.6 and Section 946.
(d) The City Council shall take action on a presented claim within
forty-five (45) days after the claim has been presented pursuant to
Government Code Section 912.4. Any claim not acted upon by the City
Council shall be deemed to have been rejected on the forty-fifth (45")
day.
3.16.018 No Application Regular Course of Business. The above
presentation requirements shall relate only to the bringing of suit upon
any claim, and shall not be deemed to apply to the authority of the
director of finance and general services, the city council, and other
officers to process and pay, in the ordinary course of business, the just
obligations of the city, such as routine salaries and wages, principal and
interest on bonds, payments for purchases, and other like expenditures,
for which there is an express budget appropriation, and in connection with
which there is no dispute as to the obligation and amount being payable.
IRV 421703 v3
2_
SECTION 3. Section 3.24.150 "Refunds" of Title 3, Revenue and Finance of the Palm
Springs Municipal Code, is hereby amended to read in its entirety as
follows:
3.24.150 Refunds. Whenever the amount of any tax, interest or
penalty has been overpaid, or paid more than once or has been
erroneously or illegally collected or received by the City, a claim for refund
may be filed pursuant to the City's claims for money or damages
procedures in Sections 3.16.015 and 3.16.016.
SECTION 4. Section 3.28.150 "Refunds" of Title 3, Revenue and Finance of the Palm
Springs Municipal Code, is hereby amended to read in its entirety as
follows:
3.28.150 Refunds. Whenever the amount of any tax, interest or
penalty has been overpaid, or paid more than once or has been
erroneously or illegally collected or received by the City, a claim for refund
may be filed pursuant to the City's claims for money or damages
procedures in Sections 3.16.015 and 3.16.016.
SECTION S. Section 3.32.210 "Refunds" of Title 3, Revenue and Finance of the Palm
Springs Municipal Code, is hereby amended to read in its entirety as
follows:
3.32.210 Refunds.
(a) Whenever the amount of any tax, interest or penalty has
been overpaid, or paid more than once or has been erroneously or
illegally collected or received by the City, a claim for refund may be filed
pursuant to the City's claims for money or damages procedures in
Sections 3.16.015 and 3.16.016.
(b) Notwithstanding any other provisions of this section,
whenever a service supplier, pursuant to an order of the California Public
Utilities Commission or a court of competent jurisdiction, makes a refund
to service users of charges for past utility service, the taxes paid pursuant
to this chapter on the amount of such refunded charges shall also be
refunded to service users by the service supplier, and the service supplier
shall be entitled to claim a credit for such refunded taxes against the
amount of taxes which is due upon the next monthly return. In the event
this chapter is repealed, amounts of any refundable taxes will be borne by
the city. (Ord. 1272 §10, 1986; Ord. 1268 §1 (part), 1986).
IRV 421703 A _3
SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 7. PUBLICATION. The City Clerk is hereby ordered and directed to certify
to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this day of 12002.
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Mayor
REVIEWED AND APPROVED
I HEREBY CERTIFY that the foregoing Ordinance No. was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting held on the
_day of 2002 and was published in the , a newspaper of
general circulation on 12002.
PATRICIA A. SANDERS
City Clerk
IRV 921703 V3 -4-
6
Ifs T ,,
Affidavit of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside ORDINANCE NO.16❑
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Laura Reyes being first dilly Sworn, deposes and PALM SPRINGS AMENDING SECTION 316.010-CLAIMS
FOR MONEY OR DAMAGES AND ADDING NEW SECTIONS
Says: 3 16 15,AND 3.1613.AND AMENDING SECTIONS 3.24150,
3 26.150,AND 3 32.210 OF THE PALM SPRINGS MUNICIPAL
CODE.
1. I alit a citizen of tithe United States, a resident WHEREAS,the City Charter in Section 909 provides the
Of the CityOf Indio, County Of Riverside, State of authority for the requirement for any claims not governed by the
y general laws of the Slate of California to be presented within
California, and Over the age Of 18 years. ninety(90)days after the occurrence,even[or transaction;and
2. 1 all[ the Office & Production Manager Of The WHEREAS,to be a,the came shavelnt cancer claims against local
entitles to be a matter of slatewitle concern and only subject to
Public Record, a newspaper Of general circulation local regulation where specifically provided for by Stale law,
and
printed and published in the City Of Pfll1T1 Springs, WHEREAS, California Government Code 935 provides
Count of Riverside, State of California. Said The authority for titles to adopt claims procedure requirements for
y claims net specifically covered by state law while retaining car-
Public Record is a newspaper of general lain time limitations on thalcontrol;and
WHEREAS,fire current Municipal Code does not consls-
Ctl'CLdatioll as that term IS defined Ill Government lently refer to the general claims procedure,and I
Code section 6000, Its Status as such having been WHEREAS, reference to a general procedure for claims
presentation will add clarity and ease at use to existing require-
established by judicial decree Of the SLIPCI'IOr COni't ments in the Municipal Code
a Of the State Of California 111and for the COnllt Of THE CITY COUNCIL OFTHE CITY OF PALM SPRINGS,CAL-
Y IFORNIA,DOES HEREBY ORDAIN AS FOLLOWS:
Riverside in Proceeding No. Indio 49271, dated SECTION 1:Sectlan 3.161a-Claims for money or damages,
of Title 3,Revenue and Finance of the Palm Springs Municipal
March 3 1, 1987, entered in Judgment BOOK No. Code,is hereby amended to read in its entirely as follows
129, page 355, on March 31,1987. 316 bid Claims for Money or Damages Pursuant to the
authority granted in Section 935 of the California Government
3. The notice, Of which the annexed Is a true Cade,the claims procedures in this Chapter are established as
I'I11tCd CO Was published Ill the newspaper O11 a prerequisite to bringing suit against the city or any allies"
P copy Pdepartment,commission or board al the city,for any claim for
the f0110WiI1g publication dates to wit: money or damage.(including claims which would otherwise be
August 20, 2002 excepted by Section 905 of the Government Cade of Cahfornm)
which is not governed by any other statutes or regulations
expressly relating[hereto
I certifyLinder penalty Of perjury that the above IS SECTION 2: Sections 3 16 015,316.016 and 316010 of Title
P Y p J Y 3,Revenue and Finance of the Palm Springs Municipal Code
jtl"Lle are hereby added as new provisions as follows:
3A 6.15 Claims Presentation Requirements All claims for
money or tlamages shall be presented and acted upon as a
prerequisite to suit thereon. Claims which are required to fol-
low these procedures include but are not limited to the follow ing:anager (1) Claims for[he refund,rebate,exemption,cancellation,
amendment, modification or adjustment of any tax, assess-
ment,lee or charge or any portion thereof,or of any penalties,
costs or charges related thereto;
(2)Claims,in connection with which the filing of a notice of
lien,statement of claim,or slop notice is required under any
provision of law relating to mechanics',laborers'or malerial-
men's liens.
(3) Claims by public employees for fees,salaries,wages,
mileage or other expenses and allowances
(4)Claims for principal or interest upon any bonds,notes,
warrants,or other evidences of Indebtedness.
(5)Claims which relate to a special assessment constituting
a specific her against the property assessed and which are
payable from the proceeds of such an assessment,by offset of
a claim for damages against it or by delivery of any warrant or
bonds representing it
(6)Claims by the State or by a stale department or agency
or by another local public entity
3.1616 Time and place for Claim Presentations;Council
hAcllon.
(a) The presentation time requirements for all claims for
money or damages are those set forth In Government Code
Section 911 2,which requires claims for injury or death to a per-
son to be tiled within the 1001h day from the data of the accru-
al of the cause of action and for all other claims to be present-
ed not later than one year after the accrual of the cause of
actlorT
(b)The presentation of the claim shall be by delivery to the
City Clerk either in person or by mail which is received within
the above lime requirements.
(a) The claim is subject to the provisions of Government
Code Section 945.6 and Section 946
(d)The City Council shall take action on a presented claim
within forty-five(45)days after the claim has been presented
pursuant to Government Code Section 912 4 Any claim not
acted upon by the City Council shall be deemed to have been
rejected on the Iorly-filth(451h)day.
3.16.016 No Application Regular Course of Business The
above presentation requirements shall relate only to the bring-
ing of suit upon any claim,and shall not be deemed to apply to
the authority of the director of finance and general services,the
city Council,and other officers to process and pay,In the ordi-
nary course oI business,the just obligations of the city,such as
routine salaries and wages,pdncipal and interests on bonds,
payments for purchases,and other like expenditures,for which
there is an express budget appropriation, and in connection
wilt,which there is no dispute as to the obligation and amount
being Payable
I of<z
SECTION 3: Section 3 24 150"Refunds"of Tille 3,Revenue
and Finance of the Palm Springs Municipal Code.Is heraoy
amended to read in its entirety as follows
324.150 Refunds Whenever the amount of any tax,inter-
est or penalty has been overpaid,or paid more than once or
has been erroneously or illegally collected or received by the
City, a claim for refund may be filed pursuant to the City's
claims far money or damages procedures in Sections 3 16D15
and 3.16.016
SECTION 4: Secbor 328.150"Refunds"of Title 3.Revenue
and Finance of the Palm Springs Municipal Code, Is hereby
amended to read is its entirely as follows
3 26 150 Refunds Whenever the amount of any lax,mler-
esl or penally has been overpaid,or paid more[ban once or
has been erroneously or illegally collected or received by the
City, a claim for refund may be filed pursuant to the City's
claims for money or damages procedures in Sections 3 16.015
and 3.16.016
SECTION 5: Section 3 32.210"Refunds"of The 3,Revenue
and Finance of the Palm Springs Municipal Code,is hereby
amended to read In its entirely as follows:
3 32 210Rommds
(a)Whenever the amount of any lax,interest or penally has
been overpaid, or paid more than once or has been erro-
neously or illegally collecled or received by the City,a claim for
refund may be filed pursuant to the City's claims for money or
damages procedures in Sections 3 15 015 and 3.16.016.
(b)Notwithstanding any other provisions of this section,when-
ever a service supplier,pursuant to an order of the California
Public Utilities Commission or a court of competent jurisdiction,
makes a refund to service users of charges for past utility ser-
vice,the taxes paid pursuant to this chapter on the amount of
such refunded charges shall also be refunded la service users
by the service supplier and the service supplier shall be anti-
[led to claim a credit for such refunded taxes against the
amount of taxes which is due upon the next monthly return In
the event this chapter Is repealed,amounts of any refundable
[axes will be borne by the city. (Ord 1272§ID, 1986; Ord
1268§1(pan),1966).
SECTION 6:EFFECTIVE DATE,This Ordinance shall be in full
farce and effect thirty(30)days after passage
SECTION]:PUBLICATION. The City Clerk is hereby ordered
and directed to certify,to the passage of this Ordinance,and to
cause the same or a summary thereof or a display advertise-
ment,duly prepared according to law,to be published in accor-
dance with law.
ADOPTED this 7Ih day of August, 2002,
AYES. Councllmembers Hodges,Mills,Oder,Reller-Spurgln
and Mayor Kleindienst
NOES.None
ABSENT None
ABSTAIN:Norse
/a/Patricia A Sanders /s/William G.Klelndlensl
City Clerk Mayor
Augas120,2002
In
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