The provisions of this chapter recognize that the general claim procedures applicable to the City and all local public agencies are governed by the provisions of the California Government Code, Chapters 1 and 2, Part 3, Division 3.6 of Title 1, commencing with Section 900 et seq. The provisions of this chapter are enacted pursuant to Government Code Section 935 and shall apply to all claims against the City for money or damages, including all claims which are excepted by Government Code Section 905 which specifically includes, but is not limited to, claims for tax refunds, provided that such claims are not governed by any other statutes or regulations.
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No suit subject to this chapter may be brought against the City
until a written claim, verified by the claimant, has been presented
to the City Council and has been acted upon by the City Council or
designee or has been deemed to be rejected. Any action brought against
the City on a claim after the claim as been presented to and acted
upon by the City shall be subject to the provisions of Government
Code Sections 945.6 and 946.
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Pursuant to Government Code Section 911.2, any claim subject
to this chapter shall be presented within the following time limitations:
A.
A claim
relating to a cause of action for death, or for injury to person or
to personal property, or for injury to growing crops, shall be presented
not later than six months after the accrual of the cause of action.
B.
A claim
relating to any other cause of action shall be presented not later
than one year after the accrual of the cause of action.
C.
A tax
or assessment refund claim shall be deemed to accrue as of the date
of payment of the tax or assessment.
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A claim shall be presented to the City Clerk by the claimant
or a person acting on the claimant's behalf and shall show all information
as required by Government Code Section 910. All claims shall be verified
by claimant or by his or her guardian, conservator, executor or administrator.
No claim shall be filed on behalf of a class of persons unless verified
by every member of that class. The City Manager, or designee, shall
review all claims for sufficiency of information. The City Manager,
or designee, may, within 20 days of receipt of a claim, either deliver
personally to claimant, or by regular mail or electronic mail, a notice
stating deficiencies in the claim presented. If such notice is delivered
or sent to claimant, the City shall not act upon the claim until at
least 15 days after such notice is delivered or sent.
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Pursuant to California Government Code Section 935.4, the City
Council delegates authority to the City Manager and designee to review
all claims for sufficiency and to reject any and all claims. The City
Council delegates to the City Manager authority to allow, compromise,
or settle claims, including claims for workers' compensation, up to
$2,500. The City Council shall have sole authority to allow, compromise,
or settle claims for an amount in excess of $2,500.
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A.
Pursuant
to Government Code Section 912.4, the City Council or City Manager,
or designee, shall act on a claim within 45 days after the claim has
been presented. Written notice of action taken on a claim by the City
Council or City Manager, or designee, shall be provided to the claimant,
in accordance with Government Code Sections 913 and 915.4. If the
claim is not acted upon within 45 days, it shall be deemed to have
been rejected on the forty-fifth (45th) day. By mutual agreement of
the claimant and the City Council or City Manager, or designee, such
45 day period may be extended by written agreement. If the 45 day
period is extended by written agreement and the claim is not acted
upon within the extended time, the claim shall be deemed to be rejected
on the last day of the extended period specified in the extension
agreement.
B.
Pursuant
to Government Code Section 945.6, any lawsuit brought against the
City for which a claim is required to be presented must be commenced
within the following time limits:
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Any claimant who fails to file a claim within the time period
required in this chapter may submit a written application to the City
for leave to present a late claim, pursuant to Government Code Section
911.4. The City Manager, or designee, shall grant or deny the application
to present a late claim within 45 days after it is presented to the
City, pursuant to Government Code Section 911.6 through 912.2.
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Nothing in this chapter revives or reinstates any cause of action
that, on the effective date of the ordinance codified in this chapter,
is barred by failure to comply with any previously applicable statute,
ordinance or regulation requiring the presentation of a claim prior
to a suit subject to this chapter, or by failure to commence any action
thereon within the period prescribed by an applicable statute of limitations.
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The provisions of this chapter shall apply retroactively to
any causes of action occurring prior to the effective date of the
ordinance codified in this chapter; provided, however, that a claimant
who has a cause of action occurring more than 10 months before the
effective date of the ordinance codified in this chapter shall file
a claim within 60 days after the ordinance codified in this chapter's
effective date in accordance with its provisions or such claim shall
be barred.
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The provisions of this chapter are severable and the invalidity
of any section, paragraph, phrase, clause or part of this chapter
shall not affect the validity or effectiveness of the remainder of
this chapter.
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