Corona Municipal Code Ch. 3.04 Claims Against the City

The provisions of this chapter recognize that the general claim procedures applicable to local public agencies, including this city, are governed by the provisions of the Cal. Gov’t Code, commencing with § 900 and following (“State Government Claim Procedures”).

(`78 Code, § 3.04.010.) (Ord. 3284 § 1 (part), 2018; Ord. 2769 § 1 (part), 2005.)

Statutory reference:

For statutory provisions on claims against public entities, see Cal. Gov’t Code §§ 900 et seq.

Pursuant to the authority contained in Cal. Gov’t Code § 935, the following procedures are established for claims against the city for money or damages, including all claims that are excepted by Cal. Gov’t Code § 905, provided that such claims are not governed by any other state or local laws.

(A) Employee claims. Pursuant to Cal. Gov’t Code § 935 and notwithstanding the exceptions contained in Cal. Gov’t Code § 905, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off or vacation pay, sick leave pay and any other expenses or allowances claimed due from the city, 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 Cal. Gov’t Code §§ 910 through 915.2 and shall otherwise comply with all other applicable provisions of the State Government Claim Procedures. The claims shall further be subject to the provisions of Cal. Gov’t Code § 945.4 relating to the prohibition of suit in the absence of presentation of claims and action thereon by the Council.

(B) Contract and other claims. Pursuant to Cal. Gov’t Code § 935 and notwithstanding the exceptions set forth in Cal. Gov’t Code § 905, all other claims for money or damages that are excepted by Cal. Gov’t Code § 905, including, without limitation, claims concerning contracts, 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 Cal. Gov’t Code §§ 910 through 915.2 and shall otherwise comply with all other applicable provisions of the State Government Claim Procedures. The claims shall further be subject to the provisions of Cal. Gov’t Code § 945.4 relating to the prohibition of suit in the absence of presentation of claims and action thereon by the Council.

(`78 Code, § 3.04.020.) (Ord. 3284 § 1 (part), 2018; Ord. 2769 § 1 (part), 2005.)

(A) All claims shall be made in writing 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 verified by every member of that class as required by this section.

(B) All claims against the city shall be filed with the City Clerk. The City Manager or designee shall have the authority to act upon all claims, but shall only have authority to settle such claims, in whole or in part, up to the amount of $25,000; provided, however, that the City Manager or designee shall present to the City Council any claims which he/she believes merit the Council’s consideration for any reason. The City Council shall settle all claims, in whole or in part, over $ 25,000. To the greatest extent allowed by applicable law, no legal or other action may be maintained by a claimant who has not complied with this Chapter 3.04.

(C) The City Manager shall also have the authority to enter into an agreement for up to $25,000 in order to avoid the filing of a claim under this Chapter 3.04 and applicable law, when in the opinion of the City Manager the claim could raise disputable legal issues and the settlement is in the best interests of the city for economic or other reasons, and when in the opinion of the City Attorney there is adequate consideration for the agreement. All such agreements shall be in a form approved by the City Attorney, and shall provide waiver and indemnity for any such potential claims.

(`78 Code, § 3.04.030.) (Ord. 3284 § 1 (part), 2018; Ord. 3035, § 1, 2010; Ord. 2769 § 1 (part), 2005; Ord. 2535 § 1, 2001; Ord. 2351 § 1, 1998.)

All claims filed with the City Clerk shall be processed in accordance with the Risk Management Procedure Manual, as may be amended from time to time.

(`78 Code, § 3.04.040.) (Ord. 3284 § 1 (part), 2018; Ord. 2769 § 1 (part), 2005; Ord. 2535 § 2, 2001.)

Any action brought against the city upon any claim or demand shall conform to the requirements of Cal. Gov’t Code §§ 940 through 949. Any action brought against any employee of the city shall conform with the requirements set forth in Cal. Gov’t Code §§ 950 through 951. All actions shall also comply with all other applicable provisions of the State Government Claim Procedures.

(Ord. 3284 § 1 (part), 2018; Ord. 2769 § 1 (part), 2005.)