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As a prerequisite to bringing suit thereon against the city or any officer, department, commission or board of the city, any claim for money or damages (including claims which would otherwise be excepted by Section 905 of the Government Code of California) which is not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), of the Government Code of California. This section shall relate only to the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the director of finance and general services, the city council, and other officers to process and pay, in the ordinary course of business, the just obligations of the city, such as routine salaries and wages, principal and interest on bonds, payments of purchases, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable. Pursuant to Government Code Section 935.4, the City Manager is authorized to compromise, settle or deny a claim in the amount not to exceed $50,000; the Administrative Services Director is authorized to compromise, settle or deny a claim against the City in the amount not to exceed $25,000; or such other amount which the city council may from time to time set by resolution. Additionally, the City Manager is authorized to approve, settle or compromise Workers’ Compensation awards as follows: (1) in amounts not to exceed $50,000 for discretionary Compromise and Release Settlements and discretionary Stipulations with Request for Awards; (2) in amounts not to exceed $50,000 for non-discretionary Compromise and Release Settlements; and (3) all non-discretionary Stipulations with Request for Awards. The Administrative Services Director is authorized to approve, settle or compromise Workers’ Compensation awards as follows: (1) in amounts not to exceed $25,000 for discretionary Compromise and Release Settlements and discretionary Stipulations with Request for Awards; (2) in amounts not to exceed $25,000 for non-discretionary Compromise and Release Settlements and non-discretionary Stipulations with Request for Awards. Upon written order of either the City Manager or the Administrative Services Director, the treasurer shall issue a warrant to settle or pay a claim in an amount not exceeding the authority set forth herein. (Ord. 547-19 § 1, 2019; Ord 528-17 § 1, 2017; Ord. 461 § 1, 2011; Ord. 3 § 1 (part), 1991: prior code § 3.16.010)
A. Pursuant to the authority contained in Section 935 of the Government Code of the state of California, the following claims procedures are established for those claims against the city for money or damages not now governed by state or local laws.
B. Notwithstanding the exemptions set forth in Section 905 of the Government Code of the state of California, all claims against the city for damages or money, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2 of the Government Code of the state. Such claims shall further be subject to the provisions of Sections 945 through 946 of the Government Code of the state relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the council.
(Ord. 143 § 1, 1995)
Except for tort claims, every claim and demand received against the city shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed; that the quality and prices correspond with the original specifications and contracts, if any, upon which the claim is based; that the demand in all other respects is proper and valid, and which shall further indicate the budgetary account to which the demand is to be charged.
(Ord. 3 § 1 (part), 1991: prior code § 3.16.040)
Each demand approved by the receiving department or office shall be presented to the director of finance who shall satisfy himself or herself whether:
A. The claim is legally due and owing by the city;
B. There are budgeted or otherwise appropriated funds available to pay the claim;
C. The claim conforms to a valid requisition or order;
D. The prices and computations shown on the claim are verified;
E. The claim contains the approval of other departments and officials as required. (Ord. 3 § 1 (part), 1991: prior code § 3.16.050)
A. Prepayment of demands prior to audit by the finance committee and the city council may be made by the director of finance and general services in conformity with the authority provided by Section 37208 of the Government Code of the state.
B. Whenever the director of finance and general services determines that a refund is due of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise due pursuant to specific provisions of this code or of any other ordinance of this city, then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same fashion as other demands encompassed within the terms of subsection A of this section.
(Ord. 3 § 1 (part), 1991: prior code § 3.16.060)
Following audit of demands the director of finance shall prepare a register of audited demands showing the claimant's name, amount of demand, the warrant number and date thereof, and transmit said register to the city manager for his or her review and presentation to the finance committee and the city council, with his or her approval or other report. (Ord. 3 § 1 (part), 1991: prior code § 3.16.070)
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