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