CC Resolution No. 8931
RESOLUTION NO. 8931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADOPTING A REGULATION PERTAINING TO
SPECIAL CLAIMS PROCEDURES
WHEREAS, the City of Cupertino recognizes that the general claim procedures
applicable to local public agencies, including this City, are governed by the provisions of
Chapter I of Division 3.6 of the Government Code of the State, commencing with Section
900; and
WHEREAS, the recent case of the City of Ontario v. Superior Court (January 27,
1993) upheld a city requirement that the State, as well as others, follow the city's claims
procedures prior to filing a lawsuit; and
WHEREAS, it is necessary that a specific charter, ordinance or regulation be
adopted by the local public agency;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby adopts the following regulation:
Special claims procedures. Pursuant to the authority contained in Section 935 of
the Government Code of the State, the following claims procedures are established for
those claims against the City for money or damages not now governed by State or local
laws:
(a) Employee claims. Notwithstanding the exceptions contained in Section
905 of the Government Code of the State, all claims by public officers or employees for
fees, salaries, wages overtime pay, holiday pay, compensating time off, vacation pay, sick
leave pay, and any other expenses or allowances claimed due from the City, when a
procedure for processing such claims is not otherwise provided by State or local laws,
shall be presented within the time limitations and in the manner prescribed by Sections 910
thorough 915.2 of the Government Code of the State. Such claims shall further be subject
to the provisions of Section 945.4 of the Government Code of the State relating to the
prohibition of suits in the absence of the presentation of claims and action thereon by the
Council.
(b) Contract and other claims. In addition to the requirements of subsection
(a) of this section, and notwithstanding the exemptions set forth in Section 905 of the
Government Code of the State, all claims against the City for damages or money, when a
procedure for processing such clams is not otherwise provided by State or local laws, shall
be presented within the time limitations and in the manner prescribed by Sections 910
through 9I5.2 ofthe Government Code of the State. Such claims shall further be subject
to the provisions of Section 945.4 of the Government Code of the State relating to the
prohibition of suits in the absence of the presentation of claims and action thereon by the
council.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of July, I993 by the following vote:
Vote Members of the Qty Council
A1rES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
A TIEST: APPROVED:
/s/ Roberta Wolfe
Deputy City Clerk
/s/ Nick Szabo
Mayor, City of Cupertino