6532ORDINANCE NO. 6532
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 1.12.060 (CLAIMS FOR MONEY OR DAMAGES) OF
THE ANAHEIM MUNICIPAL CODE TO INCORPORATE
CLAIMS PRESENTATION REQUIREMENTS PREVIOUSLY
SET FORTH IN THE ANAHEIM CITY CHARTER
WHEREAS, in 2014, the Anaheim Charter Review Committee recommended that the
tort claims presentation provisions set forth in sections 1216 and 1217 of the City Charter be
removed from the Charter; and
WHEREAS, the voters adopted that recommendation and deleted these Charter
provisions in November of 2014; and
WHEREAS, staff is recommending that the majority of the deleted Charter provisions be
added to the Anaheim Municipal Code to restore to the City the protections these sections
provided.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Anaheim Municipal Code 1.12.060 is hereby amended to read in full as
follows:
1.12.060 CLAIMS FOR MONEY OR DAMAGES.
.010 Procedures prescribed by the state legislature governing the presentation, consideration
and enforcement of claims against charter cities or against officers, agents and employees of
those cities shall apply to the presentation, consideration and enforcement of claims against the
City.
.020 In the absence of applicable procedures prescribed by the state legislature, and to the
extent not inconsistent with state law, all claims for damages against the City must be presented
in writing to the City Clerk within six months after the occurrence, event or transaction from
which the damages allegedly arose, and shall set forth in detail the name and address of the
claimant, the time, date, place and circumstances of the occurrence and the extent of the injuries
or damages sustained.
.030 Any claim for money or damages, from whatever cause arising (including claims for the
taking of, or damage to, private property pursuant to Section 19 of Article 1 of the California
Constitution and claims based on contract) for which no claim is required to be presented by the
provisions of the Government Code or for which a claim is not required by any other provision
of law shall be presented in accordance with subsection 1.12.060.020.
.040 Any claim required to be presented pursuant to subsection 1.12.060.030 shall be
presented not later than six months after the occurrence, event or transaction from which the
damages allegedly arose.
.050 Any claim (for other than death or injury to person or personal property or growing
crops) for which a claim is required by subsection 1.12.060.020 to be presented within six
months shall be presented not later than one year after the accrual of the cause of action, in the
event a court of competent jurisdiction determines that the six month claim requirement of
subsection 1.12.060.020 is inapplicable thereto.
.060 The filing and rejection of any claim required by this section is a prerequisite to suit
thereon. No suit shall be brought for money or damages against the City or any board,
commission or officer thereof on any cause of action for which the general law or any City code
requires a claim to be presented until a claim or demand for the same has been presented as
provided herein and the claim or demand has been rejected in whole or in part. If rejected in part,
suit may be brought to recover the whole. Failure to approve or reject any claim or demand
within forty-five days from the day it is presented shall be deemed a rejection thereof unless that
time is extended by mutual agreement of the City and the claimant.
SECTION 2.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION I -
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 4.
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 19 day of July 2022, and thereafter passed and
adopted at a regular meeting of said City Council held on the 9 day of A„g„ G t , 2022,
by the following roll call vote: -
AYES: Mayor Pro Tem O'Neil and Council Members Diaz,
Ma'ae, Moreno, Valencia and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
[Mayoral vacancy]
CITY OF ANAHEIM
By:
M OR PRO TEM OKFHE CI Y OF
ANAHEIM
A
Y CLERK OF THE CITY OF A AHEIM
146314
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6532 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 1911 day of July, 2022, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 9th day of August, 2022, by the following vote of
the members thereof:
AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and
Faessel
NOES: None
ABSENT: None
ABSTAIN: None
[Mayoral vacancy]
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd of August, 2022.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6532 and was published in the Anaheim Bulletin on the 18tn
day of August, 2022, pursuant to Section 512 of the City Charter of the City of Anaheim.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
ANAHEIM BULLETIN
Anaheim Bulletin
1771 S. Lewis Street
Anaheim, California 92805
200 S. Anaheim Blvd., Suite 217
Anaheim, California 92805
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange County
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 parry
to or interested in the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that has been
adjudged to be a newspaper of general circulation by the
Superior Court of the County of Orange County, State of
California, on December 28, 1951, Case No. A-21021 in and
for the City of Anaheim, County of Orange County, State of
California; 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:
08/18/2022
I 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: Aug 18, 2022.
Signature
See Proof on Next Page
ORD-6532 (5190168) - Page 1 of 2
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6532
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.12.060
(CLAIMS FOR MONEY OR DAMAGES) OF l HE ANAHEIM MUNICIPAL CODE TO
INCORPORATE CLAIMS PRESENTATION REQUIREMENTS PREVIOUSLY SET
FORTH IN THE ANAHEIM CITY CHARTER
This ordinance amends Anaheim Municipal Code section 1.12.060 (Claims for Money
or Damages) to add provisions of former City Charter sections 1216 and 1217, which
were removed from the Charter In 2014, to the Anaheim Municipal Code. These
added provisions Impose additional tort claims presentation requirements that do not
currently exist In the Municipal Code.
I, Theresa Bass, City C lerk of the City of Anaheim, do hereby certify that the foregoing
Is a summary of Ordinance No. 6532 which ordinance was Introduced at a meeting of
the City Council of the City of Anaheim on July 19, 2022 and adopted at a meeting of the
City Council on August 9, 2022 by the following roll call vote of the members thereof:
AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Malae, Moreno,
Valencia, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
[Mayoral vacancy]
The above summary Is a brief description of the subject matter contained In the text of
Ordinance No. 6532, which has been prepared pursuant to Section 512 of the Charter of
the City of Anaheim. This summary does not Include or describe every provision of the
ordinance and should not be relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City
ClerK, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is
no charge for the copy.
Anaheim Bulletin
Pubiished: 8/18J22
ORD-6532 (5190168) - Page 2 of 2