Chapter 3.42


3.42.010    Purpose and intent.

3.42.020    Claims against City.

3.42.030    Application – Effective date.

3.42.040    Appeals.

3.42.010 Purpose and intent.

The Tort Claims Act (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 Chapter 1 of Division 3.6 of the Government Code of the State of California, commencing with Section 900 and following. Those provisions also provide that local ordinances shall govern those claims the Act excludes 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 Act, or not expressly governed by statute, including claims which currently exist, whether or not they have been presented to the City. This chapter is not intended to extinguish existing claims without providing a reasonable period for the presentation of those claims. (Ord. 2065 § 1(A), 2018; Ord. 1777 § 1, 2005)

3.42.020 Claims against City.

A. It is the intent of this chapter that all claims and demands against the City for damages or money 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 of Title 1 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 Government Code Section 910.4.

C. Consistent with 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 of LMC 3.42.030. (Ord. 2065 § 1(A), 2018; Ord. 1777 § 1, 2005)

3.42.030 Application – Effective date.

As of the effective date of the ordinance codified in this chapter, its provisions shall be applicable to any claim described in this chapter not otherwise time-barred. If the application of the time periods established by this chapter would extinguish an existing claim which is not otherwise time-barred, then the date by which that claim must be presented to the City shall be the sooner of:

A. The date any applicable claims period would have expired; or

B. Six months after the effective date of the ordinance codified in this chapter for claims described in the first sentence of Government Code Section 911.2 or one year after the effective date of the ordinance codified in this chapter for claims described in the second sentence of that section. Nothing in this chapter shall be construed to extend the time for the presentation of any claim, which time was established by statute, ordinance, or other law in effect prior to the adoption of the ordinance codified in this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1777 § 1, 2005)

3.42.040 Appeals.

Any person aggrieved by any decision regarding a claim they file against the City shall be required to comply with the appeal procedure of this section.

A. Any person aggrieved by any decision regarding their submission of a claim to the City may appeal to the City Manager by filing a notice of appeal with the city clerk within 14 days of the date of the decision.

B. Within 20 days from receipt of the appeal notice, the matter shall be set for hearing. The appellant shall be served with notice of the time and place of the hearing as well as any relevant materials at least five days prior to the time of the hearing. The appellant, the City Manager (or his or her designee) and any other interested person may present such relevant evidence as he or she may have relating to the determination from which the appeal is taken.

C. Based upon the submission and review of the evidence and the City’s file, the City Manager/designee shall issue a written notice and order upholding or reversing the determination from which the appeal is taken. The notice shall be given no less than 45 days after the conclusion of the hearing and shall state the reason for the decision. If the City Manager fails to or refuses to act within the 45-day period, the claim shall be deemed to have been rejected by the City Manager at the end of business on the tenth day.

D. Nothing in this provision is deemed to circumvent or supersede the provisions of Government Code Section 900 et seq. If the claim is subject to time constraints which the claimant believes would preclude usage of this appeal section, the claimant must provide the City with notice of its refusal to utilize the appeal process, so that the City may have an opportunity to determine if it is willing to waive any time constraints which cause the claimant concern. If the City fails to issue written response within two weeks, the claimant may proceed to enforce its claim in superior court without a response from the City.

E. Nothing in this appeal section permits a claimant to file a claim or action on behalf of a class or group unless done so in accordance to the requirements established by this chapter.

F. All notices under this section may be sent by regular mail, postage prepaid, and shall be deemed to have been received no later than the fifth calendar day following the date of mailing, as established by proof of mailing, i.e., proof of service or return receipt requested. (Ord. 2065 § 1(A), 2018; Ord. 1777 § 1, 2005)