Chapter 1.15
CLAIMS AGAINST THE CITY
Sections:
1.15.010 State provisions – Applicability of chapter.
1.15.020 Presentation of claims – Prerequisite for bringing suit.
1.15.030 Contents of claim – Review of sufficiency.
1.15.040 Time limitation for presentation of claims.
1.15.050 Time for action by City.
1.15.060 Application to file a late claim.
1.15.080 Effective date of chapter.
1.15.090 Claim settlement authority.
1.15.010 State provisions – Applicability of chapter.
The provisions of this chapter recognize that the general claims procedures applicable to the City are governed by the provisions of the Government Code, Chapters 1 and 2 of Chapter 3.6, commencing with Section 900 and following. The provisions of this chapter are enacted pursuant to Government Code Section 935 and shall apply to all claims against the City for money or damages; provided, that such claims are not governed by any other statutes or regulations expressly relating thereto. (Ord. 1830 § 1, 2-12-08; Ord. 1877 § 1, 3-15-11).
1.15.020 Presentation of claims – Prerequisite for bringing suit.
No suit subject to this chapter may be brought against the City until a claim has been presented to and acted upon by the City, pursuant to the provisions of Government Code Section 945.4. 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 provisions of Government Code Sections 945.6 and 946. (Ord. 1830 § 1, 2-12-08).
1.15.030 Contents of claim – Review of sufficiency.
A claim shall be presented to the City Clerk by the claimant, the claimant’s guardian, conservator, or the executor or administrator of the claimant’s will or estate, and shall show all information as required by Government Code Section 910. Where the claim seeks a refund, it shall be presented by the person who paid the money sought to be refunded, by his or her guardian or conservator or by the executor or administrator of his or her will or estate. The City Manager, or his or her designee, shall review all claims for sufficiency of information. The City Manager, or his or her designee, may, within twenty (20) days of receipt of a claim, either personally deliver or mail to the claimant a notice stating the deficiencies in the claim presented. If such notice is delivered or sent to the claimant, the City shall not act upon the claim until at least fifteen (15) days after such notice is sent. (Ord. 1830 § 1, 2-12-08; Ord. 1877 § 2, 3-15-11).
1.15.040 Time limitation for presentation of claims.
Any claim specified in this chapter shall be presented within the following time limitations pursuant to Government Code Section 911.2:
(a) Claims relating to a cause of action for death, injury to person or to personal property, or growing crops shall be presented within six months after the accrual of the cause of action.
(b) Claims relating to any other cause of action shall be presented within one year after the accrual of the cause of action. (Ord. 1830 § 1, 2-12-08).
1.15.050 Time for action by City.
Pursuant to Government Code Section 912.4, the City shall act on a claim within forty-five (45) days after the claim has been presented. By mutual agreement of the claimant and the City, such forty-five (45) day period may be extended by written agreement. 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. 1830 § 1, 2-12-08).
1.15.060 Application to file a late claim.
Any applicant who fails to file a claim within the time period required by this chapter may submit a written application to the City for leave to present a late claim, pursuant to the provisions of Government Code Section 911.4. The City shall grant or deny the application to present a late claim within forty-five (45) days after it is presented to the City, in accordance with the provisions of Government Code Sections 911.6 through 912.2, inclusive. (Ord. 1830 § 1, 2-12-08).
1.15.070 Time barred claim.
Nothing in this chapter revives or reinstates any cause of action that, on the effective date of the ordinance codified in this chapter, is barred by failure to comply with any previously applicable statute, ordinance, or regulation requiring the presentation of a claim prior to a suit, or by failure to commence any action thereon within the period prescribed by an applicable statute of limitation. (Ord. 1830 § 1, 2-12-08).
1.15.080 Effective date of chapter.
Subject to SCCC 1.15.070, the provisions of this chapter shall apply retroactively to any causes of action occurring prior to the effective date of the ordinance codified in this chapter. (Ord. 1830 § 1, 2-12-08).
1.15.090 Claim settlement authority.
(a) With regard to settlement of matters for which worker’s compensation provides the exclusive remedy, the following limitations apply:
(1) The City Attorney, with the written concurrence of the City Manager, or their respective designees, is hereby authorized to compromise and settle worker’s compensation compromise and release claims against the City if the total amount of the settlement (which may include interest or attorney’s fees, or consist exclusively of interest or attorney’s fees) does not exceed two hundred fifty thousand dollars ($250,000.00).
(2) The City Attorney, with the written concurrence of the City Manager, or their respective designees, is hereby authorized to settle worker’s compensation stipulations at any amount.
(3) Worker’s compensation-related matters that come within the requirements of the Government Claims Act are subject to subsection (b) of this section.
(b) With regard to settlement of claims other than those described in subsection (a) of this section, the following limitations apply:
(1) The City Attorney, or his/her respective designee, is hereby authorized to compromise and settle claims by or against the City if the total amount of the settlement (which may include interest or attorney’s fees, or consist exclusively of interest or attorney’s fees) does not exceed twenty-five thousand dollars ($25,000.00).
(2) The City Attorney, with the written concurrence of the City Manager, or their respective designees, is hereby authorized to compromise and settle claims by and against the City if the total amount of the settlement (which may include interest or attorney’s fees, or consist exclusively of interest or attorney’s fees) does not exceed fifty thousand dollars ($50,000.00).
(3) Where there is a proposed settlement involving alleged police misconduct, the claim shall not be settled in any amount without the prior consent of the City Council. Settlements not involving payment of monies (such as, for example, dismissal in exchange for a waiver of costs) are not intended to be included in this limitation on settlement. Simple negligence matters (such as, for example, vehicle accidents) are not intended to be included in this limitation on settlement. (Ord. 1987 § 1, 10-9-18).