HomeMy WebLinkAboutStaff Report 442-06City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL 11
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:DECEMBER 18, 2006 CMR: 442:06
SUBJECT:APPROVAL OF ORDINANCE TO AMEND SECTION 2.28.230 OF
THE PALO ALTO MUNICIPAL CODE REGARDING CLAIMS
AGAINST THE CITY
RECOMMENDATION
Staff recommends that Council approve the attached ordinance codifying formal procedures for
filing and processing claims for refunds.
DISCUSSION
The City’s claim ordinance is outdated and outside counsel has recommended that it be updated
to the current "model ordinance" endorsed by the League of California Cities. California law
permits local jurisdictions to limit the time frame for refund claims to one year. The City’s
current ordinance does not contain a time limitation as allowed by law. The attached ordinance
would standardize time limits by adopting a uniform one year requirement.
Claims for refund requests can range from overcharging for utility services to an incorrect
transient occupancy tax payment. In all cases, claims are fully researched and when appropriate,
refunds are promptly processed. This will continue in the future.
The ordinance has a provision added to it that would ensure that it has no effect upon current
litigation or any claim currently filed and pending with the City.
RESOURCE IMPACT
There are no adverse fiscal impacts in adopting this ordinance. It is likely that refund costs will
not be reduced~ but legal costs and fees for challenging claims may be reduced.
POLICY IMPLICATIONS
These recommendations are consistent with existing City policies. The proposed ordinance is
consistent with California Government Code Section 900.
CMR:442:06 Page ! of 2
PREPARED BY:
,~A~uN NARAYAN
Senior Financial Analyst
DEPARTMENT HEAD APPROVAL:
CARL
Director g Administrative Services
CITY MANAGER APPROVAL:
EMILY
Assistant City Manager
ATTACHMENTS
Attachment 1:Ordinance Amending the
Filing Claims for Refunds
Municipal Code to Establish Procedures for
CMR:442:06 Page 2 of 2
***NOT YET APPROVED***
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTION 2.28.230 OF CHAPTER 2.28
(FISCAL PROCEDURES) OF THE PALO ALTO MUNICIPAL
CODE REGARDING CLAIMS AGAINST THE CITY
The Council of the City of Palo Alto does ORDAIN as
follows:
Section i. Code Amendment. Section 2.28.230 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"Section 2.28.230 - Claims
(a) Authority
This ordinance is 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 chapter.
(c) Form of Claim
All claims shall be made in writing and verified by the
claimant or by his or her guardian, conservator, executoror
administrator. No claim may be filed on behalf of a classof
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.
061212 cjs 6050058
***NOT YET APPROVED***
(d) 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.
(e) 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.
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 orthe
application of this ordinance to any other person or
circumstance and,to that end, the provisions hereof are
severable.
Section 3.Effective Date; Impact on Current Lawsuits
and Claims. This ordinance shall take effect on the thirty-
first day after its passage and adopgion 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 45th day after the
adoption of this ordinance. However, this ordinance shall have
//
//
//
//
//
//
061212 cjs 6050058
***NOT YET APPROVED***
no impact on existing lawsuits to which the City is a party, nor
will this ordinance have an impact on existing claims pending
against the City.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
City Attorney Director of Human Resources
Director of Administrative
Services
061212 cjs 6050058
3