Chapter 1.16 — CLAIMS AND WRITS

• A. Before bringing suit against the City; its elected or appointed officials; or employees, any claims for money or damages must be presented and acted upon in accordance with the Government Claims Act (Government Code Sections 810-966.6).

• B. Claims filed pursuant to this section must be filed with the City Clerk and contain the information required by Government Code Section 910, and any succeeding statute, and in a form substantially similar to that required by the City and Government Code Section 910.4.

• C. Pursuant to Government Code Section 935, claims against the City for the following matters that are not otherwise governed by the Government Claims Act or another State law, must conform to the filing requirements of this section:

  1. Claims under the Revenue and Taxation Code or other statute including, without limitation, this Code, prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification or adjustment of any tax, assessment, fee or charge or any portion thereof, or of any penalties, costs or related charges;

  2. Claims by the State or by a State department or agency or by another public entity;

  3. Claims for fees, salaries or wages, additional compensation for services rendered, mileage or other expenses and allowances;

  4. Applications and claims for money or benefits under the Public Employees Retirement System or any other retirement system not governed by any other statutes or regulation expressly relating to the presentation of such applications or claims;

  5. Applications or claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions or other assistance rendered for or on behalf of any recipient of any form of public assistance;

  6. Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness;

  7. Claims that relate to a special assessment constituting a specific lien against the property assessed and which are payable from the proceeds of such an assessment, by offset of a claim for damages against it or by delivery of any warrant or bonds representing it;

  8. Claims arising under any provision of the Unemployment Insurance Code, including, without limitation, claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties, or interest, or for refunds to works of deductions from wages in excess of the amount prescribed; and

  9. Claims for recovering penalties or forfeitures made under Labor Code Sections 1720-1861, and any succeeding statutes.

• (Ord. 1224 § 1, 1/23/12; Ord. 1405 § 2, 2/22/21)

Electronic filing of claims submitted pursuant to the Government Claims Act or this chapter are expressly authorized in accordance with Government Code Section 915(a)(3). The City Manager is authorized to promulgate such administrative policies and procedure that are required to implement this section in a form approved by the City Attorney. The City will not accept any electronic filings until the City Manager promulgates such administrative policies and procedures.

(Ord. 1405 § 2, 2/22/21)

Persons dissatisfied with a final decision made by the City Council, the Planning Commission, or a City official, as designated by this Code, may challenge that final decision pursuant to Code of Civil Procedure Section 1094.6 within 90 days of that final decision. A "final decision" is defined by Code of Civil Procedure Section 1094.6(e). Notices required by Code of Civil Procedure Section 1094.6(f) for final decisions must be substantively worded as follows: "This constitutes the City's final decision and becomes immediately effective. Any challenge brought against this final decision must be filed within 90 days pursuant to Code of Civil Procedure Section 1094.6. (Ord. 1405 § 2, 2/22/21)