HomeMy WebLinkAbout2015-040 - Adopting A Government Tort Claims ProcedureSMS — 07/27/15
RESOLUTION NO. 2015 -040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING A GOVERNMENT TORT CLAIMS
PROCEDURE
WHEREAS, the City of Santa Ana is a charter city and municipal corporation
organized under the laws of state of California;
WHEREAS, the California Tort Claims Act (commencing with Section 900) of the
California Government Code governs the manner in which a local public entity must
handle claims for money or damages file against it;
WHEREAS, the City Council for the City of Santa Ana, desires that the
Government Tort Claims Procedure set forth in the California Tort Claims Act be the
City's Tort Claims Policy and Procedure;
WHEREAS, the City Council for the City of Santa Ana desires that the City's Tort
Claims Policy and Procedure, as set forth in this Resolution, be applicable to suits for
money or damages maintained against the City by the State or by a state department or
agency or by another local public agency or by a judicial branch entity; and
WHEREAS, Government Code Section 935.4 provides that the City Council
may authorize an employee of the City of Santa Ana to perform such claims
administration functions as are prescribed by resolution.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. Government Tort Claims Act Followed by the City. The City follows
the Tort Claims Act, in that all claims for money or damages against the City are
governed by Part 3 (commencing with Section 900) except as provided therein, or by
other statutes or regulations expressly applicable thereto.
Section 2. Claims by the State or by a State Department or Agency or by
Another Local Public Agency or by a Judicial Branch Entity Against City Shall be
Governed by California Tort Claims Act Procedures. All claims by the State or by a
state department or agency or by another local public entity or by a judicial branch entity
against the City for money or damages, which are excepted from the claims
presentation requirement of the Tort Claims Act by Section 905(1) from Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of the
Government Code and which are not governed by any other statutes or regulations
expressly relating hereto, are hereby not excepted and shall be governed by the Tort
Claims Act procedures followed by the City.
Resolution No, 2015 -040
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Section 3. The City Attorney of the City of Santa Ana, or his /her designee, is
hereby authorized pursuant to Government Code Section 935.4, to perform the
following claims functions provided in Government Code Section 900 et sea., including,
but not limited to:
a . Provide claim forms, pursuant to Government Code Section 910.4;
b . Give written notice of insufficiency of claims, pursuant to Government
Code Section 910.8;
c . Rule on applications for leave to present late claims, pursuant to
Government Code Sections 911.4 through 911.8;
d. Agree to extend the time for action on a pending claim, pursuant to
Government Code Section 912.4;
e . Act on claims, pursuant to Government Code Sections 912.6 and 913;
f . Re- examine previously rejected claims for the purpose of settlement,
pursuant to Government Code Section 913.2; and
g . Process claims presented under the Charter of the City of Santa Ana,
or under any ordinance or resolution of the City Council.
Section 4. The Clerk of the Council shall forward a copy of all claims to the City
Attorney's designee for purposes of addressing and investigating claims submitted to
the City.
ADOPTED this 4th day of August 2015
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney)
Y
By:
Sanp . Sc, arzmann
Senior Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
Resolution No. 2015 -040
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/Vincenf Sarmiento Mayor Pro Tern
for Miguel A. Pulido Mayor
Amezcua Benavides, Reyna, Sarmiento (4)
None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Martinez, Pulido, Tinaiero (3)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015 -040 to be the original resolution adopted by the City Council of the
City of Santa Ana on August 4 2015.
Date: �oi5
2�1 4�)
Clerk of the Council 4111
City of Santa Ana
Resolution No. 2015 -040
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