Los Altos Municipal Code Ch. 1.40 Government Claim Filing Requirements

Editor's note— Ord. No. 10-354, § 2, adopted Aug. 24, 2010, changed the title of Ch. 1.40 from "Tort Claim Filing Requirements" to "Government Claim Filing Requirements."

This chapter is enacted pursuant to California Government Code section 900 et seq., as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.

(Ord. 06-290 § 1 (part))

(Ord. No. 10-354, § 3, 8-24-2010)

All claims against the city for money or damages not otherwise governed by the Government Claims Act, California Government Code Section 900 et seq., or another state law (hereinafter in this chapter, "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.

In the event of any conflicts or inconsistencies between the provisions of this chapter and the remaining provisions of this chapter or with the provisions of any other chapter(s) of the Los Altos Municipal Code, the provisions of this chapter shall control, unless to do so would be inconsistent with the stated purpose of this chapter.

(Ord. 06-290 § 1 (part))

(Ord. No. 10-354, § 4, 8-24-2010)

All claims shall be made in writing and signed 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 signed by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910.

(Ord. 06-290 § 1 (part))

In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this chapter and acted upon by the city of Los Altos prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of this chapter.

(Ord. 06-290 § 1 (part))

Any action brought against the city of Los Altos upon any claim or demand shall conform to the requirements of Section 940-49 of the California Government Code. Any action brought against any employee of the city of Los Altos shall conform to the requirements of Section 950-951 of the California Government Code.

(Ord. 06-290 § 1 (part))

A.

The city manager, or his or her designee, shall act on all claims filed against the city as specified in Government Code Section 900 et seq.

B.

The city manager, or his or her designee, and with the concurrence of the city attorney, shall be authorized to allow, allow in part, compromise, settle or reject, without prior approval of the city council, claims against the city provided that no authority is given to allow, allow in part, compromise, or settle any such claim if the amount to be paid pursuant to such allowance, compromise, or settlement exceeds fifty thousand dollars ($50,000.00).

If the city manager and the city attorney do not agree to allow, allow in part, compromise, settle or reject any claim against the city, said claim will be brought to the city council for its authorization to allow, allow in part, compromise, settle or reject it.

C.

Upon written order of the city manager, or his or her designee, and with concurrence of the city attorney, the finance director shall cause to be issued a warrant upon the treasury of the city in the amount for which a claim has been allowed, allowed in part, compromised, or settled. The city council shall be notified within the ten (10) days of the acceptance or rejection of any claim pursuant to this section and with ten (10) days of the claimant's acceptance of any settlement proposed pursuant to this section.

(Ord. No. 10-354, § 5, 8-24-2010)