CC Resolution No. 5120 ~ ~
, RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CZTY
OF CUPERTINO ADOPTING GiJIDELINES RELATING
TO CLAIMS
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ADOPTS
the following GUIDELINES to be followed with respect to Claims
served upon, or received by, the City Clerk:
1. Form of Claim for Damages. In making Claims against
the City, Claimant(s) may use the attached form entitled CLAIM FOR
DAMr1GES .
2. Preliminary Review. Upon receipt of a Claim for
Damages, it shall receive a preliminary review by the City Clerk,
the Risk Manager, and the affected Department Head, who shall jointly
determine whether:
a) The incident upon which the claim is based occurred
outside the jurisdiction of the City of Cupertino, and no City
employee or equipment was involved; or,
b) The facts giving rise to the claim were the sole
responsibility of an independent contractor.
I: they determine that either one of the foregoing exists,
the City Clerk shall forward the Claim for Damages to the City Council,
with their recommendation that the claim be rejected.
3. Action Upon Receipt. Otherwise, upon receipt, the
City Clerk shall immediately send an advance copy of any Claim for
Damages or Request to Present Late Claim to the City Attorney, the
Head of the Department under whose jurisdiction the event leading to
the Claim apoears to have taken place, and (in the event the Claim
exceeds $1,500) to the City's insurance carrier, and the risk manaRer
with her notatien thereon as to date served upon, or received bv her. She shall a1,~~
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cause a copy of the Claim or Request to Present Late Claim to be
submitted to the City Council at its next regular meeting.
4. Investigation. The head of the department shall
immediately cause an investigation of the Claim (and of the Request
to Present Late Claim, if made) to be made, prepare a written report
relating thereto, marked CONFIDENTIAL, and then forward it to the
City Attorney. The written report shall be factual, avoid legal
conclusions, and, where possible, be accompanied by diagrams, photo-
graphs and supportinq documents. If at all possible, the report
shall be forwarded to the City ~ttorney prior to the next regular
meeting of the City Council.
5. Risk Management. If, after receiving the confidential
report, the City Attorney is of the opinion that the report dis-
closed actions of the City, it's officers, employees or agents, which
appear to him to be contrary to good "risk management" oolicies, he
shall call such actions to the attention of the City Manager.
6. Insufficiency of Claim. In the event, in the opinion
of the City Attorney, the Claim fails substantially to comply with
the requirements of Government Code Sections 910 (and 910.2), he
shall immediately so notify the City Clerk, who shall then notify
the Claimant(s), as prescribed by law, using the attached form en-
titled NOTICE OF INSUFFICIENCY OF CLAIM. In such an event, the City
Council shall not take action on the Claim as submitted for a period
of fifteen (15) days after such notice is given.
7. Action by the City Council. The Claim or Request to
Present Late Claim shall be acted upon by the City Council, after
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receiving the recommendation of the City Attorney, as follows:
A. Claim:
(1) Approve the Claim, in whole or in part;
(2) Reject the Claim; or,
(3) Refer the Claim to the City Attorney, for
a further report and subsequent action by the City
Council.
In the event the action taken by the City Council
is either to approve, in whole or in part, or to reject
! the Claim, the City Clerk shall notify the Claimant(s),
as prescribed by law, of the action taken, usinq the
I attached form entitled NOTICE OF (ALLOWANCE OR REJECTION)
OF CI,aIM.
B. A lication to Present Late Claim:
(1) Grant the application;
(2) Deny the Application; or,
(3) Refer the Application to the City Attorney,
for a furthez report and subsequent action by the
City Council.
In the event the action taken by the City Council
is either to grant, or to deny, the Application, the
City Clerk shall notify the Claimant(s), as prescribed
by law, of the action taken, using the attached form
entitled NOTICE OF (ALLOWANCE OR DENIAL) OF APPLICATION
TO PRESENT LATE CLAIM.
C. Statement of Reasons for Action Taken:
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In the connection with forwarding the notices
provided for in either paragraphs A or B, above, if
the action taken by the City Council is to reject the
Claim or deny the Application, the City Clerk shall
include in his forwarding letter, a brief statement
either as may be included by the City Attorney in his
letter of recommendation to the City Council, or other-
wise subject to the prior approval of the City Attorney,
the reasons for the action taken by the City Council.
8. Settlement by City Attorney. Pursuant to Government
Code Section 935.4, the City Attorney shall have authority, with the
concurrence of the City Manager, at any stage of the proceedings,
to settle any Claim for a sum not exceeding S1,500 when, in his
opinion, concurred in by the City Manager, such a settlement would
be to the best interest of the City, upon obtaining a release from
the Claimant(s) in the attached form entitled RELEASE.
PASSED AND ADOPTED by the City Council of the City of
Cupertino, this lst day of October , 1979, by the follow-
ing vote:
Vote: Members of the City Council:
r1YES: Jackson, 0'Keefe, Rogers, Sparks, ~leyers
VOES : None
ABSENT : :lone
ABSTAIN: Yone
ATTEST: APPROVED:
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City Clerk Cupertino :~layor, Cupertino