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HomeMy WebLinkAboutORD 1103ORD 1103ÜÂ;¢f쨫 ORDINANCE NO.1103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 10.19 RELATING TO CLAIMS FOR MONEY OR DAMAGES AGAINST THE CITY) AND SECTION 10.20 RELATING TO THE STATUTE OF LIMITATIONS FOR THE REVIEW OF CITY DECISIONS) TO THE BALDWIN PARK MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 10.19 is hereby added to the Baldwin Park Municipal Code to read as follows; SECTION 10.19 CLAIMS FOR MONEY OR DAMAGES. Pursuant to Government Code section 935, claims against the city and any city officers, employees and agents for money or damages which are excepted by section 905 of the Government Code from the claims presentation requirements and which are not governed by any other statute or regulation expressly relating thereto, shall be governed by the procedures contained in chapter 1 commencing with section 900) and chapter 2 commencing with section 910) of part 3, division 3.6, title 1 of the Government Code as a prerequisite to bringing any lawsuit or action for money or damages against the city or any city officers, employees or agents. Such claims shall include the following: 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, costs or charges related thereof; b) Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any provision of law relating to mechanics', laborers' or materialmen's liens; c) Claims by public employees for fees, salaries, wages, mileage, or other expenses and allowances; d) Claims for which workers' compensation authorized by division 4 commencing with section 3201) of the Labor Code is the exclusive remedy; e) Application or claims for any form of public assistance under the Welfare and Institutions Code or other provisions 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; f) Applications or claims for money or benefits under any public retirement or pension system; g) Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness; BIB] 37643-U01 ORD-U02 1103-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4311-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1103-U05 JUL-U05 5-U05 1995-U05 ORD 1103ÜÂ;¢f쨫 Ordinance No. 1103 Page No. Two h) Claims which relate to a special assessment constituting a specific lien against the property assessed and which are payable from the proceeds of such an assessment, by offset of a claim for damages against it or by delivery or any warrant or bonds representing it; i) Claims by the state or by a state department or agency or by another local public entity; 0) 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; k) 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; I) Claims governed by the Pedestrian Mall Law of 1960, part I commencing with section 11000) of division 13 of the Streets and Highways Code; m) Any other claims that may be included within Government Code section 905 in the future." SECTION 2: Section 10.20 is hereby added to the Baldwin Park Municipal Code to read as follows: SECTION 10.20 REVIEW OF DECISIONS: STATUTE OF LIMITATIONS. a) The provisions of Code of Civil Procedure section 1094.6 are hereby adopted. Notwithstanding any provision of this Code to the contrary, judicial review of any decision of the city and of any commission, board, officer, or agent of the city shall be had pursuant to Code of Civil Procedure section 1094.5 only if the petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final, as set forth in subsection b) of Code of Civil Procedure section 1094.6. b) For the purposes of this section, decision" shall mean suspending, demoting, or dismissing an officer or employee of the city, revoking or denying an application for a permit, license or other entitlement, or denying an application for any retirement benefit or allowance." SECTION 3: This Ordinance shall be in full force and effect thirty 30) days from and after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park at a regular meeting held on the 5th day of July 1995. MAYOR BIB] 37643-U01 ORD-U02 1103-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4311-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1103-U05 JUL-U05 5-U05 1995-U05 ORD 1103ÜÂ;¢f쨫 Ordinance No. 1103 Page No. Three STATE OF CALIFORNIA COUNTY OF LOS ANGELES) 55 CITY OF BALDWIN PARK I, LINDA L. GAIR City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1103 was introduced at a regular meeting of the City Council held on June 21 1995, and thereafter was duly adopted by the City Council at a regular meeting of the City Council held on the 5th day of July 1995: and that the same was passed by the following roll call vote to wit: AYES:MARTINEZ, LOZANO, LOWES, MUSE, MAYOR VARGAS NOES:NONE ABSENT: NONE ABSTAIN: NONE BIB] 37643-U01 ORD-U02 1103-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4311-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1103-U05 JUL-U05 5-U05 1995-U05