Item 20 Staff Report Adopt Ordinance Adding Division II to Chapter 1 of the Town of Los Gatos Municipal Town Code Regarding Claims Against the Town of Los GatosCOUNCIL AGENDA REPORT
SUBJECT:
ADOPT ORDIIV
ANCE TO�'NOFLOSGATOSMv1Y�G DIVISION II TO
AGAINST THE p MUNICIPAL TO CHAPTER 1 OF THE
TOWN OF LOS GATOS WIV CODE REGARDING CLASS
RECO114MEjATION:
1 •
2. Instruct the Clerk to either:
Adopt ordinance that was introduced at the
(a) Council meeting of June 2, 2003.
publish the ordinance within 15 days after adoption,
(b) Publish a sum
adono more than 15 days after safteror
DISCUSSION. Ption). adoption (if summary
published before
Code regarding claims a
On June 2, 2003 Council introduced
Attachment 1, which adds Division
against the Town. II to Chapter 1 of the Town
Attachment: Ordinance
Distribution:
MEETING DATE: 6/16/03
ITEM NO.�
0
DATE:
June 12, 2003
TO:
MAYOR ATOWN COUNCIL
FROM. ORRY P. KORB, TO ��ff� TOWN ATTORNEI�---
2050, Oakland
Marcus Beverly, Director ofRisk Manage
, CA 94604-2050 ment, ABAG Plan Corporation, P.O. Box
PREPARED BY: ORRY P. KORB, TO
Reviewed by: � ATTORNEY
Town Manager
Rev; ' FinanceAssistant Town
6/12/03 10:28 am Manager
Reformatted: 7/19/99 Community Development
OPK:LM&wp [N: ATV Ctaitns.Adopt.TCR.wpd
]
Clerk
File# ant
ORDINANCE
ORDINANCE ADDING DIVISION II TO
CHAPTER 1 OF THE TOWN OF LOS GATOS MUNICIPAL TOWN
CODE REGARDING CLAIMS AGAINST THE TOWN OF LOS GATOS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Chapter 1 of the Los Gatos Town Code is amended by adding Division II, section 1.20.010 through
1.20.030 is hereby added to the Town of Los Gatos Municipal Town Code to read as follows:
Division II
Claims Against the Town
1.20.010 Authority.
This Division is enacted pursuant to section 935 of the California Government Code.
1.20.015 Claims Required.
All claims against the Town for money or damages not otherwise governed by the Tort Claims Act,
California Government Code sections 900 et seq., or another state law (hereinafter in this division,
"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 Division.
1.20.020 Form of Claim.
All claims shall be made in writing and verified by the claimant or by his or her guardian,
conservator, executor or administrator. No claim maybe filed on behalf of a class of 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.
1.20.025 Claim Prerequisite to Suit
In accordance with California Government Code section 935(b) and 945.6, all claims shall be
presented as provided in this Chapter and acted upon by the Town Council prior to the filing of any
action on such claims, and no such action maybe maintained by a person who has not complied with
the requirements of this Chapter.
1
1.20.030 Suit
Any action brought against the Town of Los Gatos upon any claim or demand shall conform to the
requirements of section 940-949 of the California Government Code. Any action brought against
any employee of the Town of Los Gatos shall conform with the requirements of section 950-951 of
the California Government Code.
SECTION II
If any of the provisions of this ordinance or the application thereof to any person or property is held
invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this ordinance are declared to
be severable.
SECTION III
Any judicial review of this ordinance shall be by writ of mandate, under Code of Civil Procedure
1085. Any action or proceeding seeking to attack, review, set aside, void or annul this ordinance shall be
commenced within 90 days after adoption of this ordinance
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on , 2003 and adopted by the following vote as an ordinance of the Town of Los Gatos at
a regular meeting of the Town Council of the Town of Los Gatos on , 20003. This ordinance takes effect
30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:1ATY\Claims I ORD.wpd
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TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
PROOF OF SERVICE
1. I am over the age of 18 years, not a party to this action, and am employed in the County of Santa Clara at 110 E.
Main Street, Los Gatos, California, 95030.
2. I am readily familiar with the Town of Los Gatos' practice for collection and processing of correspondence
for mailing with the United States Postal Service and that correspondence is deposited with the United States Postal Service
that same day in the ordinary course of business.
3. On June 17, 2003 I mailed at Los Gatos, California a true copy of Town Council Ordinance 2112 relating
to adding Division II to Chapter 1 of the Town code regarding Claims against the Town of Los Gatos to the following:
Marcus Beverly, Director of Risk Management, ABAG Plan Corporation, P.O. Box 2050, Oakland, CA 94604-2050
4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was
executed on June 17, 2003.
/s/ MarLyn J. Rasmussen
Ma Lyn J.tu t, CM
Executive Assistant/Senior Deputy Clerk
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
cc: TOWN ATTORNEY, ORRY KORB
c:lproof
ORDINANCE 2112
ORDINANCE ADDING DIVISION II TO
CHAPTER 1 OF THE TOWN OF LOS GATOS MUNICIPAL TOWN
CODE REGARDING CLAIMS AGAINST THE TOWN OF LOS GATOS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Chapter 1 of the Los Gatos Town Code is amended by adding Division II, section 1.20.010 through
1.20.030 is hereby added to the Town of Los Gatos Municipal Town Code to read as follows:
Division II
Claims Against the Town
1.20.010 Authority.
This Division is enacted pursuant to section 935 of the California Government Code.
1.20.015 Claims Required.
All claims against the Town for money or damages not otherwise governed by the Tort Claims Act,
California Government Code sections 900 et seq., or another state law (hereinafter in this division,
"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 Division.
1.20.020 Form of Claim.
All claims shall be made in writing and verified by the claimant or by his or her guardian,
conservator, executor or administrator. No claim may be filed on behalf of a class of 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.
1
1.20.025 Claim Prerequisite to Suit
In accordance with California Government Code section 935(b) and 945.6, all claims shall be
presented as provided in this Chapter and acted upon by the Town Council 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 this Chapter.
1.20.030 Suit
Any action brought against the Town of Los Gatos upon any claim or demand shall conform to the
requirements of section 940-949 of the California Government Code. Any action brought against
any employee of the Town of Los Gatos shall conform with the requirements of section 950-951 of
the California Government Code.
SECTION II
If any of the provisions of this ordinance or the application thereof to any person or property is held
invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this ordinance are declared to
be severable.
SECTION III
Any judicial review of this ordinance shall be by writ of mandate, under Code of Civil Procedure
1085. Any action or proceeding seeking to attack, review, set aside, void or annul this ordinance shall be
commenced within 90 days after adoption of this ordinance
2
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on June 2, 2003 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular
meeting of the Town Council of the Town of Los Gatos on June 16, 20003. This ordinance takes effect 30
days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:/s/ Sandy Decker
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
COUNCIL AGENDA REPORT
DATE: May 13, 2003
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEYQl&
fl
MEETING DATE: 6/02/03
ITEM NO. (a\ C
SUBJECT: INTRODUCE ORDINANCE ADDING DIVISION
M TO TOWN OF LOS GATOS MUNICIPAL TOWN COD REGARDING
1 COF
LLAIMS
THE
AGAINST THE TOWN OF LOS GATOS
RECOMMENDATION:
1. Direct the Clerk to read title;
2. Waive the reading;
3. Move to introduce the ordinance and instruct the Clerk to publish
than five days prior to adoption. a summa
ry no wore
BACKGROUND:
As a prerequisite to filing a civil action, the Tort Claims Act ("Act")
an administrative claim for damages. Claims must be filed within a specified
to do so generally bars a lawsuit for damages. � generally requires the filing of
limited byp ga period, and the failure
Government Code section 905, whichexemptsomerdama claims against public thentities are
presentation requirements. Government Code section 935 authorizes municipalities
require the filing of an administrative claim for those damage claims from claims-
under section 905.
claims which would thewiseobe excluded
DISCUSSION:
Adoption of the attached ordinance adding Division II to the Town Code
Town. Where there may be substantive liability, the procedural re
quireent established by the
proposed ordinance would provide the Town an o is of great benefit to the
Pportunity to timelinvestigate claims and act to
PREPARED BY: ORRY P. KORB, TOWN ATTO
Reviewed by: o RNEY OPKL.MB/wp PCATYTIaims1TCR.wpol
�G�TOWn Manager p
Finance �'� Assistant Town Manager
Rev: 5/13/03 3:01 pm Community Development Clerk
Reformatted: 7/19/99
File# 301-05
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCE ORDINANCE ADDING DIVISION III TO CHAPTER 1 OF THE
TOWN OF LOS GATOS MUNICIPAL TOWN CODE REGARDING CLAIMS
AGAINST THE TOWN OF LOS GATOS
May 13, 2003
early reduce litigation expenses and potential judgments. It also provides the Town an additional
defense against certain damage claims. This has been recognized by the courts.
Cities that have enacted an ordinance pursuant to section 935 providing for claims -filing procedures
for those claims exempted by section 905 may avoid altogether or at least greatly diminish their
liability for such claims through the application of the one-year statute provided by the Act. Once
the Town establishes a claims -filing procedure, compliance with its provisions is a prerequisite to
filing a lawsuit. Failure to file a claim within the Act's statute of limitations will bar the lawsuit.
Even where the statute continually accrues, the Town's liability is reduced to only those claims
accruing with the past year.
Attachment: Proposed Ordinance
Distribution: Marcus Beverly, Director of Risk Mangement, ABAG Plan Corporation, P.O. Box
2050, Oakland, CA 94604-2050
ORDINANCE
ORDINANCE ADDING DIVISION IT TO
CHAPTER 1 OF THE TOWN OF LOS GATOS MUNICIPAL TOWN
CODE REGARDING CLAIMS AGAINST THE TOWN OF LOS GATOS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Chapter 1 ofthe Los Gatos Town Code is amended by adding Division III, section 1.20.010 through
1.20.030 is hereby added to the Town of Los Gatos Municipal Town Code to read as follows:
Division II
Claims Against the Town
1.20.010 Authority.
This Division is enacted pursuant to section 935 of the California Government Code.
1.20.015 Claims Required.
All claims against the Town for money or damages not otherwise governed by the Tort Claims
Act, California Government Code sections 900 et seq., or another state law (hereinafter in this
division, "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of
Division 3.6 of Title 1 ofthe 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 Division.
1.20.020 Form of Claim.
All claims shall be made in writing and verified by the claimant or by his or her guardian,
conservator, executor or administrator. No claim may be filed on behalf of a class of 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.
1.20.025 Claim Prerequisite to Suit
In accordance with California Government Code section 935(b) and 945.6, all claims shall be
presented as provided in this Chapter and acted upon by the Town Council 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 this Chapter.
1
1.20.030 Suit
Any action brought against the Town of Los Gatos upon any claim or demand shall conform to
the requirements of section 940-949 of the California Government Code. Any action brought
against any employee of the Town of. Los Gatos shall conform with the requirements of section
950-951 of the California Government Code.
SECTION II
If any of the provisions of this ordinance or the application thereof to any person or property is held
invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this ordinance are declared to
be severable.
SECTION III
Any judicial review of this ordinance shall be by writ of mandate, under Code of Civil Procedure
1085. Any action or proceeding seeking to attack, review, set aside, void or annul this ordinance shall be
commenced within 90 clays after adoption of this ordinance
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on , 2003 and adopted by the following vote as an ordinance of the Town of Los Gatos at
a regular meeting of the Town Council of the Town of Los Gatos on , 20003. This ordinance takes effect
30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:1ATY\Claims I.ORD.wpd
2
Town Council Minutes June 16, 2003
Redevelopment Agency Los Gatos, California
VACATION OF RIGHT-OF-WAY/PUBLIC SERVICE EASEMENT/AUGUSTINE AVE NORTH OF
FRANK AVE/RESOLUTION 2003-83 (18.23)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-83 entitled.
RESOLUTION OF THE TOWN OF LOS GATOS VACATING A PUBLIC RIGHT-OF-WAY
AND RESERVING A PUBLIC SERVICE EASEMENT ON AUGUSTINE AVENUE
PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE CALIFORNIA STATE
STREETS AND HIGHWAYS CODE (SUMMARY VACATION). Carried unanimously.
SAN BENITO AVENUE 546/RESIDENTIAL DEMOLITION/RESOLUTION 2003-84 (19.15)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-84 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION TO DENY A REQUEST TO DEMOLISH A PRE-1941 SINGLE
FAMILY RESIDENCE, CONSTRUCT A NEW RESIDENCE WHICH WILL EXCEED THE
FLOOR AREA RATIO AND A VARIANCE TO REDUCE THE REQUIRED DRIVEWAY
LENGTH ON A NON -CONFORMING LOT ZONED R-1D. Carried unanimously.
CLAIMS AGAINST THE TOWN OF LOS GATOS/ORDINANCE 2112 (20.38)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Ordinance 2112 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS ADDING DIVISION II TO CHAPTER 1 OF
THE TOWN OF LOS GATOS MUNICIPAL TOWN CODE REGARDING CLAIMS AGAINST
THE TOWN OF LOS GATOS. Carried unanimously.
PROJECT 0233A/SANTA CRUZ AVE/STORM DRAIN/RESOLUTIONS 2003-85 & 2003-16RD (24.24)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council/Agency adopt Resolution 2003-85
& 2003-16RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF CASEY
CONSTRUCTION COMPANY FOR PROJECT 0233A - NORTH SANTA CRUZ AVENUE
STORM DRAIN IMPROVEMENTS AND AUTHORIZING THE TOWN
MANAGER/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE
AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN
CLERK/SECRETARY. Carried unanimously.
PROJECT MATCH/AFFORDABLE SENIOR HOUSING/RESOS 2003-86 & 2003-17RD (25.24)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council/Agency adopt Resolution 2003-86
& 2003-17RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS APPROVING A LOAN OF REDEVELOPMENT
HOUSING FUNDS AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO
PROJECT MATCH FOR ACQUISITION AND REHABILITATION OF SENIOR HOUSING
AND MAKING RELATED REQUIRED FINDINGS, and that the Agency Board approve a budget
adjustment in the amount of $262,000 from Fund Balance in Fund 960 - Redevelopment Agency
Affordable Housing fund. Carried unanimously.
N:\Clk\Marian's Files\Draft Minutes\MM061603 4