The general claims procedures applicable to local public agencies, including this City, are governed by the provisions of Part 3, Claims Against Public Entities, in Division 3.6, Claims and Actions Against Public Entities and Public Employees, (commencing with Section 900) of the California Government Code.
(Ord. 1431 § 3, 1994; Ord. 2065 § 1(A), 2018; Ord. 2165 § 3 (Exh. A), 2024)
The Tort Claims Act (California Government Code Section 810 et seq.) provides that no suit for money or damages may be brought against the City unless a claim has been timely presented to the City. The general claim procedures are governed by the provisions of Division 3.6 of the California Government Code, commencing with Section 900. Those provisions also provide that local ordinances shall govern those claims that the Tort Claims Act exclude and which other state statutes do not expressly govern.
The time periods and procedures for presenting a claim set forth in this chapter are intended to apply to all claims excluded by the Tort Claims Act, or not expressly governed by statute, including claims which currently exist, whether or not they have been presented to the City.
(Ord. 2165 § 3 (Exh. A), 2024)
A. 
It is the intent of this chapter that all claims and demands against the City for money or damages not otherwise governed by the Tort Claims Act, California Government Code Section 900 et seq., or another state law, shall be presented within the time and in the manner as if the time and manner had been prescribed in Division 3.6, Claims Against Public Entities, of the California Government Code (commencing with Section 900 thereof).
B. 
All claims or demands against the City shall be made in writing and filed with the city clerk. All claims shall be signed and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless signed by every member of that class. In addition, all claims shall contain the information required by California Government Code Section 910 et seq. and be completed using the City of Livermore Claim Form pursuant to California Government Code Section 910.4.
C. 
Consistent with California Government Code Sections 935(b) and 945.4, all claims shall be presented 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 in this chapter.
(Ord. 2165 § 3 (Exh. A), 2024)
Claims for money and damages that are:
A. 
Excepted by California Government Code Section 905 from the presentation procedures in Part 3 Claims Against Public Entities in Division 3.6 Claims and Actions Against Public Entities and Public Employees (commencing with Section 900) of the California Government Code; and
B. 
That are also not otherwise governed by any other statute or regulations expressly relating thereto, shall be governed by the procedures prescribed in this chapter and shall be presented within the time limitations and in the manner prescribed by Sections 910 through 912.4, 912.6, 913, and 915 through 915.4 of the California Government Code. Such claims shall be further subject to the provisions of Sections 945.3, 945.4, 945.6, and 946 of the California Government Code related to the prohibition of suits in the absence of the presentation of claims and action thereon by the City. This procedure for claims is adopted pursuant to California Government Code Section 935 as a prerequisite to suit thereon.
(Formerly 3.40.020; Ord. 1431 § 3, 1994; Ord. 2065 § 1(A), 2018; Ord. 2165 § 3 (Exh. A), 2024)
A. 
Claim Processing. The Risk Manager is hereby authorized and responsible for the following functions on behalf of the City for claims presented to the City:
1. 
Evaluating and providing notice, pursuant to California Government Code Section 910.8 and this chapter, the sufficiency of claims as presented to determine if they substantially comply with the requirements in California Government Code Sections 910 through 910.4 and this chapter;
2. 
Evaluating and providing notice of the timeliness of claims as presented pursuant to California Government Code Section 911.3 and this chapter;
3. 
Acting and providing notice on claims pursuant to California Government Code Section 912.6 and this chapter to either reject, allow, reject a portion and allow a portion, compromise in whole or in part any claim consistent with the authorities set forth in LMC § 3.40.060; and
4. 
Processing payments pursuant to California Government Code Sections 912.6(c), 935.2, 935.4 and 970.2 through 970.8 for any claim, or portion of a claim, allowed, compromised, or settled as if the claimant had obtained final judgment against the City, consistent with the authorities set forth in LMC § 3.40.060.
B. 
Application to Present Claim. The City Manager, City Attorney, the Risk Manager are hereby authorized and responsible as a three-member body to perform the City's functions pursuant to California Government Code Sections 911.4 and 911.6 and this chapter to grant or deny applications for leave to present a claim to the City. All three must agree to grant an application for leave to present a claim, and absent agreement the application is deemed rejected. The Risk Manager is responsible for giving notice of action on the application, or the failure or refusal to act on the application, as required by California Government Code Section 911.8. This delegation of authority is made pursuant to California Government Code Sections 935.2 and 935.4.
(Formerly 3.40.030; Ord. 1431 § 3, 1994; Ord. 2065 § 1(A), 2018; Ord. 2165 § 3 (Exh. A), 2024)
Authority to settle claims presented to the City is vested in the City Council, except as delegated in this section.
A. 
Authority to settle claims presented to the City is hereby delegated pursuant to California Government Code Sections 935.2 and 935.4 as follows:
1. 
The Risk Manager is hereby delegated authority to allow, reject a portion and allow a portion, and to compromise in whole or in part any claim in an amount not to exceed $25,000;
2. 
The City Attorney is hereby delegated authority to allow, reject a portion and allow a portion, and to compromise in whole or in part any claim in an amount not to exceed $50,000; and
3. 
The City Manager, City Attorney, and the Risk Manager are hereby delegated collective authority to allow, reject a portion and allow a portion, and to compromise in whole or in part any claim in an amount not to exceed $200,000. Absent agreement by all three persons, the claim may only be settled by the City Council.
B. 
The City Manager, City Attorney, and Risk Manager are hereby delegated collective authority pursuant to California Government Code Section 949 to compromise or settle in whole or in part any legal action against the City for money or damages in an amount not to exceed $200,000. Absent agreement by all three persons, the action may only be settled by the City Council.
C. 
The City Attorney is hereby delegated authority to compromise or settle workers' compensation claims regardless of the amount but subject to budget appropriation.
D. 
The City Manager is hereby authorized to settle or release any claims made by the City against any other person or party for money or damages in an amount not to exceed $200,000, with the City Attorney's approval of any related settlement or release agreements as to form.
E. 
The settle authorities delegated in this section includes the authority to process payments for the settlement amounts pursuant to California Government Code Sections 912.6(c), 935.2, 935.4 and 970.2 through 970.8, as well as to offset any delinquent amounts due the City as set forth in California Government Code Section 907.
F. 
The City Council expressly reserves the right to settle or compromise any claims by or against the City for equitable relief, or waiver of rights that are unrelated to claims for money or damages by or against the City.
(Formerly 3.40.040; Ord. 1431 § 3, 1994; Ord. 2065 § 1(A), (G), 2018; Ord. 2165 § 3 (Exh. A), 2024)