Chapter 3.24
CLAIMS AND DEMANDS AGAINST THE CITY

Sections:

3.24.010    Claims against the city.

3.24.020    Delegation of claims authority to city manager.

3.24.030    Approval procedures.

3.24.040    Payment following council order.

3.24.050    Examination by finance committee.

3.24.010 Claims against the city.

A. Claims Required. All claims against the City for money or damages not otherwise governed by the California Tort Claims Act (commencing with Government Code section 900), or another provision of law or agreement between the City and the claimant, shall be presented to the City within the time, and in the manner prescribed by Part 3 of Division 3.6 of title 1 of the California Government Code, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.

B. Form of Claim.

1. Claims for materials and supplies. In the case of materials and supplies, the claim shall be accompanied by a written statement or voucher signed by the person ordering the materials or supplies for which the claim is made, or shall have thereon the requisition or purchase order number, if any, pursuant to which such claim is made.

2. Claims for services provided. In the case of a claim made for payment of services provided pursuant to an agreement or other written authorization of the City, the claim shall conform to the requirements of the agreement and shall reference such agreement by name or number if applicable.

3. Other claims. All other claims shall be made in writing and shall conform to the requirements of section 910 of the California Government Code. No claim may be filed on behalf of a class of persons unless signed by every member of that class.

C. Action By City. The City shall act upon a claim within 45 days from the date of presentation, unless the parties agree in writing to extend the time period, in accordance with Government Code Section 912.4. If the City fails or refuses to act on a claim within the 45 day time period, the claim shall be deemed to have been rejected on the 45th day, or the date of any agreed upon extension. This section shall not apply to claims for materials, supplies, or services which are governed by a separate agreement between the parties.

D. Claim Prerequisite To Suit. The filing of a written claim is a prerequisite to any suit thereon. No suit may be filed until this period of time has expired. Any action relating to a claim shall be subject to the provisions of Government Code sections 945.6 and 946.

E. Suit. Any action brought against the City upon any claim shall conform to the requirements of Sections 940949 of the California Government Code. Any action brought against any employee of the City shall conform with the requirements of Sections 950951 of the California Government Code. (Ord. 1618 § 1 (part), 2001; prior code § 2-4.01)

3.24.020 Delegation of claims authority to city manager.

A. The City Manager or his designee is authorized and directed to perform on behalf of the City, all functions relating to claims against the City, in the manner provided in California Government Code section 900 et seq.

B. The City Manager or his designee is authorized to allow, compromise or settle a claim against the City, if the payment thereof does not exceed twenty-five thousand dollars. (Ord. 1751 § 1, 2014: Ord. 1618 § 1 (part), 2001; prior code § 2-4.02)

3.24.030 Approval procedures.

A. Audit by Director of Finance. The director of finance, or his authorized deputy, after receipt of such claims or demands and before presenting the same to the council, shall audit the same, giving particular attention to:

1. A comparison of the items reflected in such claim or demand as compared with the corresponding items set forth in the requisition, purchase order, or contract;

2. Verification of the receipt of the materials, supplies, or services covered by the claim or demand and that the amounts reflected are due and payable; and

3. The accuracy of the mathematical computations and extensions.

B. Warrants. The director of finance, or his authorized deputy, shall thereupon prepare warrants covering the claims or demands which he finds to be in order after his examination and shall cause such warrants to be numbered and listed on warrant registers prior to presenting the same to the council for its audit and approval.

C. Warrant Registers. A separate warrant register shall be prepared by the director of finance for payroll warrants and another for other warrants.

D. Affidavits. There shall be included in or attached to each such warrant register the affidavit of the director of finance, or his authorized deputy, certifying as to the accuracy of the demands and the availability of funds for payment thereof.

E. Council Audit. Provision shall be made at the bottom of each warrant register sheet for indication of audit by the council and the approval or disapproval by it of any or all warrants listed on such warrant register sheet. Such procedure shall expedite the business of the council and minimize the number of signatures of the councilmen engaged in the audit.

F. Payment. Upon the presentation of such warrant, properly executed and endorsed, the city treasurer shall pay the same out of the funds in the city treasury properly applicable to that purpose.

G. Payroll. In the case of demands covering payrolls incurred for or on behalf of the city, only one demand for each payroll period need be prepared and presented, which demand shall clearly indicate thereon the total amount thereof and the respective items thereof to be charged against the various funds affected thereby. In such case only one warrant, payable to the city treasurer, need be drawn, which warrant so payable, when allowed as set forth in this section, shall be delivered to the city treasurer, or his authorized deputy, and the proceeds thereof shall be used by the city treasurer, or his authorized deputy, in the payment (by treasurer’s checks or warrants) of the respective items to the respective persons indicated as respectively entitled thereto in the payroll demand pursuant to which the same was issued. The city treasurer’s checks or warrant covering the respective items of the payroll demand shall be prepared by the director of finance, or his authorized deputy, as the accounting officer of the city and shall be furnished to the city treasurer, or his authorized deputy, ready for signature, at the time the payroll warrants are delivered to him or his authorized deputy. The director of finance, or his authorized deputy, may prepare more than one demand and warrant in those cases where the division of a payroll may be desirable or indicated from an accounting or administrative standpoint, it being the intention of this section to simplify, rather than complicate, payroll procedure and payment in accordance with good accounting practice. The city treasurer’s payroll checks, when signed by him or his authorized deputy, shall be distributed by the city treasurer, or his authorized deputy, to the respective persons entitled thereto through the finance division of the director of finance office unless in specific instances or emergencies the director of finance shall otherwise direct. The city treasurer’s checks, properly endorsed by the payee thereof, shall be a sufficient receipt or voucher for the disbursement or payment represented by such check. (Ord. 1726 § 2 (part), 2011: prior code § 2-4.03)

3.24.040 Payment following council order.

When any claim or demand is allowed by the council and ordered paid by a resolution adopted by the council, the mayor (or in case of his absence or inability to act, the mayor pro tempore) shall draw a warrant upon the city treasurer for the same as allowed, which warrant shall be countersigned by the director of finance, or his authorized deputy, and shall specify the purpose for which the same is drawn and from which fund payment is to be made. (Ord. 1726 § 2 (part), 2011: prior code § 2-4.04)

3.24.050 Examination by finance committee.

All claims and demands against the city, before final action thereon by the council, shall be examined by the finance committee of the council. (Prior code § 2-4.05)