Costa Mesa Municipal Code Art. 4 Claims Against City

No city officer shall, except for his own service, present any claim, account or demand for services, goods or materials for allowance against the city, or in any way, except in the discharge of his official duty, advocate the relief asked in the claim or demand made by any other person.

(Ord. No. 85-26, § 2, 10-21-85)

Any person may appear before the city council and oppose the allowance of any claim or demand made against the city.

(Ord. No. 85-26, § 2, 10-21-85)

In the case of any claim which, in the opinion of the city clerk, fails to comply substantially with the requirement of Sections 910 and 910.2 of the Government Code, or with the requirements of a form provided under section 910.4 of the Government Code if a claim is presented pursuant thereto, the city clerk will give written notice of its insufficiency, stating with particularity the defects or omissions therein. Such notice may be given personally to the person presenting the claim or by mailing it to the address, if any, stated in the claim as the address to which the person presenting the claim desires notices to be sent. If no such address is stated in the claim, the notice may be mailed to the address, if any, of the claimant as stated in the claim.

(Ord. No. 85-26, § 2, 10-21-85)

In the case of any claim which seeks money or damages based upon any provision of law, where it is the opinion of the city clerk that such claim is not presented within the appropriate time, the city clerk shall not file the claim and shall promptly give written notice to the claimant that such claim has not been filed, stating with particularity the reason therefor. Such notice may be given personally to the person tendering the claim or by mailing it to the address, if any, stated in the claim as the address to which the person presenting the claim desires notices to be sent. If no such address is stated in the claim, the notice may be mailed to the address, if any, of the claimant as stated in the claim.

(Ord. No. 85-26, § 2, 10-21-85)

If the city council finds that any such claim or demand is not a proper charge against the city, it shall be rejected, and the fact of rejection shall be plainly endorsed upon the claim by the city clerk. If any such claim or demand is determined to be a proper charge against the city, the same shall be allowed only under authority of section 2-189 upon written order of the insurance committee, or by motion or resolution of the city council setting forth as to each claim the name of the claimant, a brief statement of the claim, the amount allowed and a designation of the fund out of which it is to be paid. Any claim may be allowed in part and rejected in part.

(Ord. No. 85-26, § 2, 10-21-85)

(a) The city council authorizes an insurance committee, comprised of the city manager, director of finance, and city attorney, or designees, to perform such functions of the city council as provided in Chapter 5 of Title 1 of the Government Code, including the rejection or negotiation of all claims and settlement of any claim where the amounts to be paid pursuant to an allowance, compromise or settlement does not exceed $25,000. Upon approval of a majority of the insurance committee, the director of finance shall cause a warrant to be issued upon the treasury of the city in the amount for which a claim has been allowed, compromised or settled.

(b) The human resources/risk manager is hereby authorized, with the concurrence of the city attorney, to allow, reject, compromise, or settle any tort claim for a sum not to exceed $5,000. Upon approval by the human resources/risk manager, the director of finance shall cause a warrant to be issued upon the treasury of the city in the amount for which a claim has been allowed, compromised or settled.

(c) The city manager is hereby authorized to reject any claim, regardless of amount stated or unstated. This authority may be delegated by the city manager to the city's insurance committee or an individual employee.

(d) The city manager is hereby authorized to negotiate and settle any liability claim up to an amount not to exceed $50,000. Upon approval by the human resources/risk manager, the director of finance shall cause a warrant to be issued upon the treasury of the city in the amount for which a claim has been allowed, compromised or settled. This authority may be delegated by the city manager to the city's insurance committee or an individual employee.

(Ord. No. 85-26, § 2, 10-21-85; Ord. No. 89-20, § 2, 7-3-89; Ord. No. 96-9, § 2, 7-15-96; Ord. No. 97-23, § 2, 8-4-97; Ord. No. 07-14, § 1, 6-19-07)