Chapter 4.16 — CLAIMS AND DEMANDS

State Law reference— Claims against public entities generally, Government Code § 900 et seq.

As a prerequisite to bringing suit thereon against the city or any officer, employee, department, commission or board of the city, any claim for money or damages, including claims which would otherwise be excepted by Government Code § 905 and those challenging a fee, charge or assessment, which is not governed by

any other statute or regulation 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 state Government Code, as that may be amended from time to time. 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, the city council, and other city 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 for 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.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No payment shall be made from city funds unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law. In addition to any other legal requirements, this process specifically applies to reimbursement claims submitted by city councilmembers and staff.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Claims against the city shall be paid on forms to be prescribed by the director of finance or city manager.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Except for tort claims, every claim and demand received against the city shall be first presented to and approved in writing by the applicable department head, who shall confirm the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed as well as 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 shall indicate the budgetary account to which said demand is to be charged.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Each demand approved by the receiving department or office shall be presented to the city manager or to the director of finance who shall determine whether:

(1)

The claim is legally due and owing by the city;

(2)

There are budgeted or otherwise appropriated funds available to pay said claim;

(3)

The claim conforms to a valid requisition or order;

(4)

The prices and computations shown on the claim are verified;

(5)

The claim contains the approval of other departments and officials as required.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Prepayment of demand prior to audit by the city council may be made in conformance with the authority provided by Government Code § 37208.

(b)

Whenever the city manager determines that a refund of fees, taxes, or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise required pursuant to specific provisions of this Code or of any other ordinance of this city, is due then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same as other demands encompassed within the terms of subsection (a) of this section.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Following audit of demands, the city manager or 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 council, with a recommendation of approval or other report.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The register of demands shall be presented to the city council at the next meeting thereof. The city council may by resolution approve, conditionally or partially approve, or reject such register of demands.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Following approval of the register of demands by the city council, the mayor and the city manager shall endorse the register of audited demands to signify that the demands therein were properly processed prior to any action taken by the city council.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)