TITLE II—ADMINISTRATION

CHAPTER 11—CLAIMS AGAINST THE CITY Revised 11/18

Sec. 3020. Presentation of Claims. Revised 11/18

Except as provided in Sections 946.4 and 946.6 of Part 3 of the California Government Code, Title 1, Division 3.6, commencing with Section 900, entitled “Claims Against Public Entities,” no suit for money or damages may be brought against the City on a cause of action for which a claim is required to be presented in accordance with the provisions of said Claims Against Public Entities until a written claim has been presented to the City and has been acted upon by the City Council, or has been deemed to have been rejected by the City Council, in accordance with the State law provisions and this Chapter. (Ord. 1508, eff. 11/2/2018)

Sec. 3021. Form and Contents of Claim. Revised 11/18

All claims shall be in writing, shall be signed and presented by the claimant, or by a person acting on the claimant’s behalf, to the City Clerk, and shall conform to requirements of the State Claims Against Public Entities provisions and this Chapter. The claim shall contain all information required by Government Code Section 910. (Ord. 1508, eff. 11/2/2018)

Sec. 3022. Time Limitation for Presentation of Claims. Revised 11/18

Pursuant to Government Code Section 911.2, all claims shall be presented within the following time limitations:

A.    Claims relating to a cause of action for death, injury to person or to personal property shall be presented within six (6) months after the accrual of the cause of action.

B.    Claims relating to any other cause of action shall be presented within one (1) year after the accrual of the cause of action. (Ord. 1508, eff. 11/2/2018)

Sec. 3023. Authority of City Manager. Revised 11/18

Pursuant to Government Code Section 935.4, the City Council hereby delegates to the City Manager, or his or her designee, the following authority for administering claims against the City:

A.    Sufficiency of Claim. The authority to review all presented claims for sufficiency, and to return any claims that do not meet the sufficiency requirements of the State Claims Against Public Entities provisions. Written notice stating that the claim is deficient may be given within twenty (20) days of receipt of the claim, shall state with particularity the defects or omissions, and shall be personally delivered or mailed to the claimant. The City may not act upon the claim until at least fifteen (15) days after such notice is sent.

B.    Timeliness of Claim. The authority to review all presented claims for timeliness, and to return any claims that do not meet the timeliness requirements of the State Claims Against Public Entities provisions. Written notice stating that the claim was not timely and is being returned without further action made may be given within forty-five (45) days after the claim is presented. Said notice shall be substantially in the form prescribed by Government Code Section 911.3.

C.    Rejection of Claims. The authority to reject all claims in an amount up to and including twenty-five thousand dollars ($25,000). The City Council shall have sole authority to reject claims for an amount in excess of twenty-five thousand dollars ($25,000).

D.    Claims Settlement. The authority to allow, compromise, or settle any claim in an amount up to and including twenty-five thousand dollars ($25,000). The City Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of twenty-five thousand dollars ($25,000).

E.    Extension of Time to Act. The City Manager shall allow, reject, settle or compromise a claim as authorized by this Section within forty-five (45) days after the claim has been presented pursuant to Government Code Section 912.4. Such forty-five (45) day period may be extended by written agreement of the claimant and the City Manager. If the claim is not acted on within forty-five (45) days, it shall be deemed to have been rejected on the forty-fifth (45th) day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement. (Ord. 1508, eff. 11/2/2018)

Sec. 3024. Limitation of Actions. Revised 11/18

Any action brought against the City on a claim after it has been presented to and acted upon by the City shall be subject to the limitations of actions provisions of Government Code Sections 945.6 and 946. (Ord. 1508, eff. 11/2/2018)