Lake Forest Municipal Code Ch. 3.16 Demands and Claims

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 Section 905 of the Government Code of California, 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 California Government Code. 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. 165 § 1, 2007)

Pursuant to Section 935 of the Government Code, all claims against the City for money, damages or indemnification by any public entity which is exempted by Section 905(i) of the Government Code from the provisions of Division 3.6 of the Government Code Section 810 et seq., including, but not limited to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), and is not governed by any other statutes or regulations expressly relating thereto shall be governed by the procedure prescribed herein.

(Ord. 165 § 1, 2007)

No suit for money, damages or indemnification may be brought against the City by any public entity described in Section 3.16.012 of this chapter until a written claim therefor has been presented and acted upon or has been deemed to have been rejected, in accordance with this chapter and Sections 945.4, 945.6 and 946 of the Government Code.

(Ord. 165 § 1, 2007)

Any claim specified in Section 3.16.013 of this chapter, shall be presented in accordance with the time limitations set forth in Government Code Section 911.2. In addition, pursuant to Government Code Section 901, any claim against the City for equitable indemnity or partial equitable indemnity shall be presented not later than six months after the date upon which a defendant is served with the complaint giving rise to the defendant's claim for a cause of action for equitable indemnity or partial equitable indemnity against the City.

(Ord. 165 § 1, 2007)

In accordance with Section 935 of the Government Code, the late filing of claims pursuant to this chapter is regulated by Sections 911.4 and 911.6 through 912.2, inclusive, of the Government Code.

(Ord. 165 § 1, 2007)

A signed, written claim shall be presented to the City by mailing or delivering it to the City Clerk. The claim shall conform to the requirements of Section 910 of the Government Code or to a form provided by the City, if such form is provided.

(Ord. 165 § 1, 2007)

Unless otherwise provided in this chapter, the procedure for consideration and action upon all claims filed pursuant to this chapter shall be the same as the procedure provided and required by Sections 910.2 through 915.4, inclusive, of the Government Code, except Section 911.2. In accordance with Section 935 of the Government Code, the consideration and action upon claims presented pursuant to Section 3.16.015 of this chapter shall be the same as the procedure provided and required by Section 946.6 of the Government Code.

(Ord. 165 § 1, 2007)

No payment shall be made from the City treasury or out of the funds of the City unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law. As used in this Chapter 3.16, "demand" shall refer to invoices, bills, and other requests for payment for goods or services provided to the City, and shall not include claims against the City described in Sections 3.16.010 and/or 3.16.012.

(Ord. 165 § 1, 2007)

Claims against the City shall be paid as herein provided in a format prescribed by the City Manager.

(Ord. 165 § 1, 2007)

Except for tort claims, every demand received against the City shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed. The receiving department or office shall also certify that the quality and prices correspond with the original specifications and contracts, if any, upon which the demand 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. 165 § 1, 2007)

Each demand approved by the receiving department or office shall be presented to the City Manager or designee, who shall determine whether:

A. The demanded amount is legally due and owing by the City;

B. There are budgeted or otherwise appropriated funds available to pay the demand;

C. The demand conforms to a valid requisition or order;

D. The prices and computations shown on the demand are verified;

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

(Ord. 165 § 1, 2007)

A. Prepayment of demands prior to audit by the City Council may be made by the City Manager in conformance with the authority provided by Section 37208 of the California Government Code.

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 fashion as other demands encompassed within the terms of subsection A of this section.

(Ord. 165 § 1, 2007)

Following audit of demands, the City Manager or his or her designee shall prepare a warrant register 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. 165 § 1, 2007)

The warrant register shall be presented to the City Council at the next meeting thereof. The City Council may by resolution or minute action approve, conditionally or partially approve or reject such warrant register.

(Ord. 165 § 1, 2007)