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HomeMy WebLinkAbout2018-10-09 - Ordinance No. 18-01 ORDINANCE NO. 18-01 ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ESTABLISHING A LOCAL CLAIMS ORDINANCE AND DELEGATING AUTHORITY TO THE GENERAL MANAGER TO RESOLVE SMALL CLAIMS WHEREAS, presentation of claims against California public entities and public employees is generally governed by the Government Claims Act at California Government Code §§ 810 et seq. ("Claims Act"); and WHEREAS, Government Code § 935 authorizes local public entities to establish claims presentation procedures for certain claims not governed by the Claims Act; and WHEREAS, Government Code § 935.4 authorizes the Board of Directors to delegate authority to the General Manager to perform certain functions of the Board of Directors under the Claims Act; and WHEREAS, it is in the public interest for the District to establish a procedure for the presentation of claims for money or damages against the District regarding certain claims not covered by the Claims Act; and WHEREAS, it is in the public interest to delegate authority to the District's General Manager to perform certain functions of the Board of Directors under the Claims Act and this Ordinance. NOW, THEREFORE BE IT ORDAINED, by the Board of Directors of the Yorba Linda Water District as follows: Section 1. Claims Governed by This Ordinance Claims against the District for money or damages that are not governed either by the Claims Act or other state law shall be governed by this Ordinance. Aside from all claims governed by Section 4, the claims governed by this Ordinance are: A. Claims under the Revenue and Taxation Code or other statute prescribing procedures 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, cost or charges related thereto; B. Claims by public employees for fees, salaries, wages, or other expenses and allowances; Ordinance No. 18-01 Establishing a Local Claims Ordinance 1 C. Claims for which workers' compensation authorized by Division 4 (commencing with Section 3200) of the Labor Code is the exclusive remedy; D. Applications or claims for any form of public assistance under any provision of law relating to public assistance programs, and claims for goods, services, provisions, or other assistance rendered for or on behalf of any recipient of any form of public assistance; E. Applications or claims for money or benefits under any public retirement or pension system; F. Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness; G. Claims by the state or by a state department or agency or by another local public entity or by a judicial branch entity; H. Claims arising under any provision of the Unemployment Insurance Code, including, but not limited to, claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties, or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed; and I. Claims for the recovery of penalties or forfeitures made pursuant to Article I (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code. Section 2. Claim Presentation Requirements The claims listed in Section 1 must comply with the claim presentation requirements of the Claims Act and shall be presented within the time and manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof), as those provisions now exist or may be hereafter amended. Section 3. Legal Action Requirements A. Prerequisite to a Legal Action. Prior to filing a legal action on a claim in Section 1, the claim must be presented as required under this Ordinance and acted upon by the District according to law, including the Claims Act. No legal action may be maintained by a person or entity who has not complied with the requirements of this Ordinance. Ordinance No. 18-01 Establishing a Local Claims Ordinance 2 B. Requirements to Bring a Legal Action. Any legal action brought against the District on a claim in Section 1 must conform to the requirements in Government Code Sections 940-949. Any legal action brought against any employee of the District on a claim in Section 1 must conform to the requirements in Sections 940-944 and 950-951 of the Government Code. Section 4. Delegation to General Manager of Certain Board Authority. A. Pursuant to Government Code Section 935.4, the District's General Manager is authorized and directed to perform all functions of the Board of Directors under the Claims Act to allow, compromise or settle any claim, including but not limited to the claims in Section 1, against the District up to fifty thousand dollars ($50,000). B. After the claim is resolved and the agreement memorializing the settlement is fully executed by all parties to the claim, the General Manager shall report resolution of the claim to the Board during an open session of a District Board meeting. C. Except as expressly delegated to the General Manager herein, the Board of Directors shall retain and exercise all authority under the Claims Act. Section 5. General Provisions A. Severability. If any portion of this Ordinance is held to be invalid by decision of any court, such decision will not affect the validity of the remaining portions of this Ordinance. The District hereby declares that it would have adopted this ordinance irrespective of whether any portion is declared invalid. B. Effective Date. The Secretary of the Board shall certify adoption of this Ordinance and shall cause the Ordinance to be published within 15 days of adoption and in a manner according to law. This Ordinance shall take effect 30 days after adoption. PASSED AND ADOPTED this 9th day of October 2018 by the following called vote: AYES: Directors Hall, Jones, Miller, and Nederhood NOES: None ABSTAIN: None ABSENT: Director Hawkins A President Yorba Linda Water District Ordinance No. 18-01 Establishing a Local Claims Ordinance 3 ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen q. Kidman Gagen Law LLP Ordinance No. 18-01 Establishing a Local Claims Ordinance 4 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of PROOF OF PUBLICATION eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which news- paper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true YORBA LINDA WATER DISTRICT SUMMARY OF printed copy, has been published in each regular PROPOSED ORDINANCE Notice is hereby given that on October 9,2018 at 6:30 P.M.,,the Board tle and entire issue of said newspaper and not in any ESTABLISH NG An LOCAL oCLAIMS of ORDINANCE AND d. DELEGATING AUTHORITY TOm THE GENERAL MANAGER TO, supplement thereof on the following dates, to RESOLVE SMALL CLAIMS"; This Ordinance would establish a su pp g procedure forthe presentation of claims ,for money or damages against the District regarding certain claims not covered by the wit: Government Claims Act or other state law.This ordinance would also delegate authority to the General Manager to perform all functions of the Board under the Claims Act to allow,compromise, or settle any 2018 claim against the District up to$50,000. A certified copy of the October 2 completetext of the proposed Ordinance is posted and may be read at the District's Admin Building located at 1717 East Miraloma Avenue, DatedtOctob x22018/s/AnnieeAllexander BoardSecr vlwd.com). "I certify (or declare) under the penalty of Published:Orange County Register Oct.2,2018 11178888 perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California,on Date: October 2,2018 Signature: Sandra Camp s The Orange ounty Register 2190 S.Towne Centre Place Anaheim,CA 92806 (714)796-2209 The Orange County Register PROOF OF PUBLICATION 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011178900 714-796-2209 YORBA LINDA WATER DISTRICT SUMMARY OF ADOPTED ORDINANCE Notice is hereby given that on October 9,2018,the Board of Directors adopted an Ordinance entitled: ..ESTABLISHING A LOCAL CLAIMS ORDINANCE AND DELEGATING AUTHORITY TO THE GENER- AL MANAGER TO RESOLVE SMALL CLAIMS'.This Ordinance es- tablishes a procedure for the presentation of claims for money or damages against the District regarding certain claims not covered by the Government Claims Act or other state law.This ordinance also 5221905 delegates authority to the General Manager to perform all functions of the Board under the Claims Act to allow,compromise,or settle any claim against the District up to$50,000.Those voting in favor of the Ordinance were Directors Hall,Jones,Miller and Nederhood. Direc- YORBA LINDA WATER DISTRICT for Hawkins was absent. A certified copy of the complete text of the adopted Ordinance is posted and may be read at the District's Admin ATTN: RICHARD CABADAS Building located at 1717 East Miraloma Avenue, Placentia CA 92870. Dated:October 10,2018/s/Annie Alexander,Board Secretary 1717 E. MIRALOMAAVE. Published:Orange County Register Oct.12,2018 1117900 PLACENTIA, CA 92870 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 10/12/2018 1 certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: October 12, 2018. Signature r.LP1-12;1516