AGENDA REPORT
REQUEST FOR CITY COUNCIL ACTION
DATE: 10/17/2018
TO: Honorable Mayor and City Council Members
FROM: Legal and Risk Management Department
SUBJECT:
Title
City Council consideration of Ordinance No. 3284, first reading of an Ordinance amending Chapter 3.04 of the Corona Municipal Code to clarify the process regarding claims against the City.
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RECOMMENDED ACTION:
Recommended action
That the City Council introduce by title only and waive full reading of Ordinance No. 3284, first reading of an Ordinance amending Chapter 3.04 of the Corona Municipal Code to clarify the process regarding claims against the City.
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ANALYSIS:
The California Government Claims Act (Government Code, Sections 900 et seq.) (the "Act") generally governs claims against cities for money damages. Under the Act, before a lawsuit seeking money or damages may be filed against the City, the plaintiff must first present a claim to the City. There are specific claims (listed in Government Code Section 905), however, that are not automatically covered by the Act. When these types of claims are not governed by another statute or state regulation, the Act allows cities to establish their own claims presentation requirements for these types of claims. Requiring that a claim first be presented to the City can reduce the possibility of litigation by giving the City an opportunity to approve, deny or settle claims before they turn into actual lawsuits, as well as providing the City with constructive notice of threatened litigation in time to investigate the claims prior to litigation being filed.
The City has its own claims presentation ordinance, set forth in Chapter 3.04 of the Corona Municipal Code, which incorporates by reference the Act's procedures. By implementing CMC Chapter 3.04 and the Act, staff has acted on all claims but has been delegated authority to settle claims only up to $25,000. The Legal and Risk Management Department has recently conducted a review o...
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