This chapter is enacted pursuant to Section 935 of the California
Government Code, and to the city's general police powers.
(Ord. 730-R § 1, 2007; Ord. 730-U § 1, 2007)
All claims against the city or its personnel acting in their official capacities for money or damages, including those specified in Government Code Section 905, not otherwise governed by the Government Claims Act, California Government Code Section 900 et seq., or another state law (hereinafter in this chapter, "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.
(Ord. 730-R § 1, 2007; Ord. 730-U § 1, 2007)
All claims shall be made in writing and verified by the claimant
or by his or her guardian, conservator, executor or administrator,
or attorney in fact. No claim may be filed on behalf of a class of
persons unless verified by every member of that class as required
by this section. All claims shall contain the information required
by California Government Code Section 910, and in addition thereto
shall provide the names, addresses, and telephone numbers of all witnesses,
known to the claimant, who have knowledge of the facts of the claim.
(Ord. 730-R § 1, 2007; Ord. 730-U § 1, 2007)
In accordance with California Government Code Sections 935(b)
and 945.6, all claims shall be presented as provided in this section
and acted upon by the city prior to the filing of any action on such
claims and no such action may be maintained by a person who has not
complied with the requirements of this chapter.
(Ord. 730-R § 1, 2007; Ord. 730-U § 1, 2007)
Any action brought against the city upon any claim or demand
shall conform to the requirements of Sections 940—949 of the
California Government Code. Any action brought against any employee
of the city shall conform to the requirements of Sections 950—951
of the California Government Code.
(Ord. 730-R § 1, 2007; Ord. 730-U § 1, 2007)
A.
With
the written concurrence of the city's third-party claims adjuster,
or legal counsel if the claim is not covered by insurance, the city
manager is authorized to allow, compromise, or settle a claim against
the city if the amount to be paid pursuant to the allowance, compromise
or settlement does not exceed fifty thousand dollars. All claims settled
under this provision shall be reported to the city council.
B.
The
city manager is authorized to issue notice of insufficiency of claim
to any claimant in accordance with Government Code Section 910.8.
C.
The
city manager is authorized to deny a claim for any amount on behalf
of the city when: (1) claimant has been given notice of insufficiency
and opportunity to cure; (2) the claimant has failed to remedy the
claim's defects; and (3) the claim lacks sufficient information to
evaluate its merit.
(Ord. 834 § 2, 2023)
