HomeMy WebLinkAbout12/05/2006, C6 - FINAL ADOPTION OF ORDINANCE NO. 1499 (2006 SERIES) ESTABLISHING PROCEDURES FOR FILING CLAIMS FOR RE council M"64D.� 12-05-06
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CITY OF SAN LUIS OBISPO
FROM: Bill Statler, Director of Finance& Information Technology
Carolyn Dominguez, Finance Manager
SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1499 (2006 SERIES)
ESTABLISHING PROCEDURES FOR FILING CLAIMS FOR REFUNDS
CAO RECOMMENDATION
Adopt by title only Ordinance No. 1499 (2006 Series) amending the Municipal Code by adding
Section 1.08.140 establishing procedures for filing claims for refunds.
DISCUSSION
On November 14, 2006, the Council voted 5-0 to introduce Ordinance No. 1499 (2006 Series),
which establishes consistent procedures for filing claims for refunds. The proposed procedures
are based on a "model ordinance" endorsed by the League of California Cities; and they are
consistent with California Government Code Section 900.
Ordinance No. 1499 (2006 Series) is now ready for adoption and will become effective thirty
days after the date of its final passage.
ATTACHMENT
Ordinance amending the Municipal Code to establish procedures for filing claims for refunds
G:Manuals/Revenue Management Manual/Claims for Refunds/Council Agenda Report,Final Adoption, 12-5-06
ORDINANCE NO. 1499 (2006 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE MUNICIPAL CODE TO ESTABLISH PROCEDURES
FOR FILING CLAIMS FOR REFUNDS
WHEREAS, the City of San Luis Obispo does not have formal policies and procedures
for filing and processing claims for refunds; and
WHEREAS, adopting uniform policies and procedures for all types of refunds will result
in more consistent and equitable treatment of the City's customers.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. New Section 1.08.140 (Procedures for Filing Claims for Refunds) is
hereby added to Chapter 1.08 (General Provisions) of the Municipal Code to read as follows:
A. Authority. These procedures are enacted pursuant to Section 935 of the
California Government Code.
B. Claims Required. All claims against the City for money or damages not
otherwise governed by the Government Claims Act, California Government Code Sections 900
et seq., or another state law (hereinafter in this ordinance, "claims") shall be presented within the
time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California
Government Code (commencing with Section 900 thereof) for the claims to which that Part
applies by its own terms, as those provisions now exist or shall hereafter be amended, and as
further provided by this ordinance. .
C. Form of Claim. All claims shall be made in writing and verified by the claimant
or by his or her guardian, conservator, executor or administrator. No claim may be filed on
behalf of a class of persons unless verified by every member of that class as required by this
section. In addition, all claims shall contain the information required by California Government
Code Section 910.
D. Refunds. All refunds shall be limited to one year from receipt of written claim.
E. Claim Prerequisite to Suit. In accordance with California Government Code
Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted
upon by the City prior to the filing of any action on such claims and no such action may be
maintained by a person who has not complied with the requirements of subdivision (B) of this
section.
F. Suit. Any action brought against the City upon any claim or demand shall
conform to the requirements of Sections 940-949 of the California Government Code. Any
action brought against any employee of the City shall conform with the requirements of Section
950-951 of the California Government Code.
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I I
Ordinance No.1499(2006 Series)
Page 2
SECTION 2. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end, the provisions hereof are severable.
SECTION 3. Effective Date; Transitional Clause. This Ordinance shall take effect
thirty days after adoption as provided by Government Code Section 36937. However, any claim
that would have been timely if presented on the day before this Ordinance becomes effective,
which claim would be untimely under the requirements of the this Ordinance, may,
notwithstanding this Ordinance, be presented not later than the 45`s day after the adoption of this
Ordinance.
SECTION 4. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage in The Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on November 14, 2006 AND FINALLY ADOPTED by the Council of
the City of San Luis Obispo on 2006, on the following roll call vote:
AYES:
NOES:
ABSENT:
David F. Romero, Mayor
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jon . Lowell, City Attorney