Chapter 1.12
PROCEDURE AND LIMITATIONS PERIOD FOR FILING CLAIMS

Sections:

1.12.010    Authority.

1.12.020    Claims required.

1.12.030    Presentment of claims.

1.12.040    Form of claim.

1.12.050    Claim prerequisite to suit.

1.12.060    City action on claim.

1.12.070    Authority of city manager.

1.12.010 Authority.

This chapter is enacted pursuant to California Government Code Section 935. (Ord. 668 § 2, 2023)

1.12.020 Claims required.

All claims against the city for money, damages or tax or assessment refunds, not otherwise governed by the Government Claims Act, California Government Code Section 810, et seq., or any other law of the state of California (hereinafter “claims”) shall be governed by the provisions of this chapter. (Ord. 668 § 2, 2023)

1.12.030 Presentment of claims.

All claims against the city for money or damages 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, as those provisions now exist or shall hereafter be amended. Unless otherwise provided by the California Government Code, a claim governed by this section shall be presented not later than one year after the accrual of the cause of action. A tax or assessment refund claim shall be deemed to accrue as of the date of payment of the tax or assessment. (Ord. 668 § 2, 2023)

1.12.040 Form of claim.

All claims shall be made in writing and verified by a claimant or by the claimant’s guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of the class. In addition, all claims shall contain the information required by California Government Code Section 910. Claims shall be made on a form provided by the city clerk and shall be filed with the city clerk. (Ord. 668 § 2, 2023)

1.12.050 Claim prerequisite to suit.

All claims shall be presented as provided in this chapter and acted upon by the city council, or their designee, prior to the filing of any lawsuit or action on such claim, and no lawsuit or action shall be maintained by a person or entity that has not complied with this chapter. (Ord. 668 § 2, 2023)

1.12.060 City action on claim.

The city council, or their designee, shall act to approve or deny a claim within forty-five days of its presentment as required under this chapter. Failure of the city council, or their designee, to act within the time required shall be deemed a denial of the claim. (Ord. 668 § 2, 2023)

1.12.070 Authority of city manager.

Pursuant to Government Code Section 935.4, the city council designates and delegates authority to the city manager and their designee to review all claims for sufficiency and to reject any and all claims. The city council also delegates to the city manager authority to allow, compromise, or settle claims for an amount up to and including twenty-five thousand dollars, as may be deemed appropriate by the city manager in consultation with the city attorney. The city council shall have sole authority to allow, compromise, or settle claims for an amount in excess of twenty-five thousand dollars. (Ord. 668 § 2, 2023)