Culver City Municipal Code Ch. 3.10 City Policies

Section

Claim Procedures

CLAIM PROCEDURES

Claims against the City for money or damages, which are excepted by Cal. Gov't Code § 905 from the provisions of Cal. Gov't Code §§ 900 et seq. and which are not governed by any other regulations or statutes expressly relating thereto shall be governed by the procedures established by this Subchapter.

('65 Code, § 2-100) (Ord. No. 85-012 § 1)

Subject to Cal. Gov't Code § 935.4, any function of the City Council, authorized by this Subchapter, may be delegated, by resolution, to a City employee.

('65 Code, § 2-101) (Ord. No. 85-012 § 1)

No city officer or employee shall, except for his own services or upon any claim or contract personal to such officer or employee, present any claim or demands for allowance against the City, or in any way, except in discharge of official duty, advocate relief asked in the claim made by any other person.

('65 Code, § 2-102) (Ord. No. 85-012 § 1; Ord. No. 2006-009 § 17)

All claims for money or damages shall be presented within the applicable time limits set forth in Cal. Gov't Code § 911.2.

('65 Code, § 2-103) (Ord. No. 85-012 § 1)

A. A claim, any amendment thereto, or an application for leave to present a late claim shall be presented by:

1. Delivering it to the City Clerk at the Clerk's Office, City Hall, 9770 Culver Boulevard, Culver City, California, 90232-0507, Monday—Friday between the hours of 8:00 a.m. and 5:00 p.m.; or

2. Mailing it to: City Clerk of Culver City, City Hall, 9770 Culver Boulevard, Culver City, California 90232-0507.

B. A claim, amendment or application shall be deemed to have been presented in compliance with this Section even though it is not delivered or mailed as provided in this Section only if it is actually received by the City Clerk within the time prescribed for presentation thereof.

('65 Code, § 2-104) (Ord. No. 85-012 § 1)

All claims may be presented upon forms approved by the City Council and shall contain the information required by Cal. Gov't Code § 910, together with such additional information as the City Council may require. Such claim shall be signed by or on behalf of the claimant; provided that, claims for supplies, materials, equipment, or services need not be signed by the claimant or on his behalf, if presented on a billhead or invoice regularly used in the conduct of the business of the claimant.

('65 Code, § 2-105) (Ord. No. 85-012 § 1)

A. A claim may be amended at any time before the expiration of the period designated in § 3.10.020 of this Subchapter or before final action thereon is taken by the City Council, whichever is later, provided that an amendment shall be permitted only if the claim, as amended, relates to the same transaction or occurrence which gave rise to the original claim. The amendment shall be considered a part of the original claim for all purposes.

B. A failure or refusal to amend a claim, whether or not notice of insufficiency is given under § 3.10.040 A. of this Subchapter, shall not constitute a defense to any action brought upon the cause of action for which the claim was presented if the Court finds that the claim as presented complied substantially with § 3.10.025 of this Subchapter.

('65 Code, § 2-106) (Ord. No. 85-012 § 1)

A. Notice. If in the opinion of the City Council a claim, as presented, fails to comply substantially with the requirements of § 3.10.030 of this Subchapter, the City Council may at anytime within twenty (20) days after the claim is presented, give written notice of its insufficiency, stating with particularity the defects or omissions therein. Such notice shall be given in the manner prescribed by § 3.10.080 of this Subchapter. The City Council may not take action on the claim for a period of fifteen (15) days after such notice is given.

('65 Code, § 2-107)

B. Waiver of defense. Any defense of insufficiency of the claim based upon a defect or omission in the claim, as presented, is waived by failure to give notice of insufficiency with respect to such defect or omission as provided in Subsection A. of this Section, except that no notice need be given and no waiver shall result when the claim as presented fails to state either an address to which the person presenting the claim desires notice to be sent or an address of claimant.

('65 Code, § 2-108)

(Ord. No. 85-012 § 1)

When a claim required by § 3.10.020 of this Subchapter to be presented not later than six (6) months after the accrual of a cause of action is not presented within such time, a written application may be made for leave to present such claim, pursuant to Cal. Gov't Code § 935(e).

('65 Code, § 2-109) (Ord. No. 85-012 § 1; Ord. No. 88-023 § 1)

A. The City Council shall act on a claim in the manner provided in § 3.10.055 of this Subchapter within forty-five (45) days after the claim has been presented. If a claim is amended, the City Council shall act on the amended claim within forty-five (45) days after the amended claim is presented.

B. The claimant and the City Council may extend the period within which the City Council is required to act on the claim by written agreement made:

1. Before the expiration of such period; or

2. After the expiration of such period if an action based on the claim has not been commenced and is not yet barred by the period of limitations provided in Cal. Gov't Code § 945.6.

C. If the City Council fails or refuses to act on a claim within the time prescribed by this Section, the claim shall be deemed to have been rejected by the City Council on the last day of the period within which the City Council was required to act upon the claim. If the period within which the City Council is required to act is extended by agreement pursuant to this Section, whether made before or after the expiration of such period, the last day of the period within which the City Council is required to act shall be the last day of the period specified in such agreement.

('65 Code, § 2-110) (Ord. No. 85-012 § 1)

The City Council may act on a claim in one of the following ways:

A. If the City Council finds the claim is not a proper charge against the public entity, it may reject the claim.

B. If the City Council finds the claim is a proper charge against the public entity and is for an amount justly due, it shall allow the claim.

C. If the City Council finds the claim is a proper charge against the public entity but is for an amount greater than is justly due, it shall either reject the claim or allow it in the amount justly due and reject it as to the balance.

D. If legal liability of the City or the amount justly due is disputed, the City Council may reject the claim or may compromise the claim.

('65 Code, § 2-111) (Ord. No. 85-012 § 1)

A. Written notice of the action taken under § 3.10.055 of this Subchapter or the inaction which is deemed rejection under § 3.10.050 of this Subchapter shall be given in the manner prescribed by § 3.10.070 of this Subchapter. Such notice may be in substantially the following form:

Notice is hereby given that the claim which you presented to the City Clerk of Culver City on (indicate date) was (indicate whether rejected, allowed, allowed in the amount of $ and rejected as to the balance, rejected by operation of law, or other appropriate language, whichever is applicable) on (indicate date of action or rejection by operation of law).

B. If the claim is rejected in whole or in part, the notice required by Subsection A. shall include a warning in substantially the following form:

WARNING

Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this Claim. (See Cal. Gov't Code § 945.6)

You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.

('65 Code, § 2-112) (Ord. No. 85-012 § 1)

The City Council may in its discretion, within the time prescribed by Cal. Gov't Code § 945.6 for commencing an action on the claim, re-examine a previously rejected claim in order to consider a settlement of the claim.

('65 Code, § 2-113) (Ord. No. 85-012 § 1)

If a claim, amendment to a claim or application for leave to present a late claim is presented or sent by mail under this Subchapter, or if any notice under this Subchapter is given by mail, the claim, amendment, application or notice shall be mailed in the manner prescribed in this Section. The claim, amendment, application or notice must be deposited in the United States post office, or a mailbox, sub-post office, substation, or mail chute, or other like facility regularly maintained by the government of the United States in a sealed envelope, properly addressed, with postage paid. A mailed claim, amendment, application or notice shall be deemed to have been presented and received at the time of the deposit. Proof of mailing may be made in the manner prescribed by Cal. Code Civ. Proc.§ 1013a.

('65 Code, § 2-114) (Ord. No. 85-012 § 1)

A. The notices provided for in §§ 3.10.040 A. and 3.10.060 of this Subchapter shall be given by either of the following methods:

1. Personally delivering the notice to the person presenting the claim or making the application.

2. Mailing the notice to the address, if any, stated in the claim or application at the address to which the person presenting the claim or making the application desires notices to be sent or, if no such address is stated in the claim or application, by mailing the notice to the address, if any, of the claim as stated in the claim or application.

B. No notice need be given where the claim or application fails to state either an address to which the person presenting the claim or making the application desires notices to be sent or an address of the claimant.

('65 Code, § 2-115) (Ord. No. 85-012 § 1)

No suit for money or damages may be brought against the City on a cause of action for which a claim is required to be presented in accordance with this Subchapter until a written claim therefor has been presented to the City Clerk in the form and manner required by this Subchapter and has been acted upon the City Council or has, been deemed to have been rejected by the City Council, in accordance with this Subchapter.

('65 Code, § 2-116) (Ord. No. 85-012 § 1)