Chapter 6 — CLAIMS AGAINST THE CITY

Claims against the city for money or damages which are excepted by Cal. Gov't Code § 905 from Chapter 1 (commencing with § 900) and Chapter 2 (commencing with § 910) of Cal. Gov't Code Part 3 of Division 3.6 of Title 1, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedure prescribed by this chapter.

('61 Code, § 1-6.01) (Ord. 437 C.S., passed 1-16-85)

All claims for money or damages against the city governed by the procedure prescribed by this chapter as provided in § 1-6.01 of this chapter shall be presented in accordance with this chapter.

('61 Code, § 1-6.02) (Ord. 437 C.S., passed 1-16-85)

A claim shall be presented by the claimant or by a person acting on the claimant's behalf and shall show:

• (A) The name and post office address of the claimant;

• (B) The post office address to which the person presenting the claim desires notices to be sent;

• (C) The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim asserted;

• (D) A general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of the presentation of the claim;

• (E) The name or names of the public employee or employees causing the injury, damage, or loss, if known; and

(F) The amount claimed as of the date of the presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of the computation of the amount claimed.

('61 Code, § 1-6.03) (Ord. 437 C.S., passed 1-16-85)

Claims shall be verified and signed by the claimants or by persons on their behalf including, but not limited to, their guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified and signed by every member of that class.

('61 Code, § 1-6.04) (Ord. 437 C.S., passed 1-16-85; Am. Ord. 777 C.S., passed 2-16-05)

The city may provide forms pursuant to this section; provided, however, the person presenting a claim need not use such form if he or she presents the claim in conformity with §§ 1-6.03 and 1-6.04 of this chapter. A claim presented on a form provided pursuant to this section shall be deemed in conformity with §§ 1-6.03 and 1-6.04 if the claim complies substantially with the requirements of the form or with the requirements of §§ 1-6.03 and 1-6.04. ('61 Code, § 1-6.05) (Ord. 437 C.S., passed 1-16-85)

(A) A claim may be amended at any time before the expiration of the period designated in § 1-6.09 of this chapter or before final action thereon is taken by the Council, whichever is later, 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 § 1-6.07 of this chapter, 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 §§ 1-6.03 and 1-6.04 of this chapter or a form provided under § 1-6.05 of this chapter.

('61 Code, § 1-6.06) (Ord. 437 C.S., passed 1-16-85)

If, in the opinion of the Council, or the person designated by it, a claim as presented fails to comply substantially with the requirements of §§ 1-6.03 and 1-6.04 of this chapter, or with the requirements of a form provided under § 1- 6.05 of this chapter if a claim is presented pursuant thereto, the Council or such person, at any time within 20 days after the claim is presented, may give written notice of its insufficiency, stating with particularity the defects or omissions therein. Such notice shall be given in the manner prescribed by § 1-6.17 of this chapter. The Council may not take action on the claim for a period of 15 days after such notice is given.

('61 Code, § 1-6.07) (Ord. 437 C.S., passed 1-16-85; Am. Ord. 777 C.S., passed 2-16-05)

Any defense as to the sufficiency of the claim based upon a defect or omission in the claim as presented shall be waived by failure to give notice of insufficiency with respect to such defect or omission as provided in § 1-6.07 of this chapter, 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 notices to be sent or an address of the claimant. ('61 Code, § 1-6.08) (Ord. 437 C.S., passed 1-16-85)

All claims subject to this chapter shall be presented in accordance with this chapter not later than one year after the accrual of the cause of action.

('61 Code, § 1-6.09) (Ord. 437 C.S., passed 1-16-85; Am. Ord. 777 C.S., passed 2-16-05)

Cal. Gov't Code § 935, subsection (b) so specifying, the limitation of the time for filing actions specified in Cal. Gov't Code §§ 945.6 and 946 is made applicable to all claims and causes of action on claims under this chapter. ('61 Code, § 1-6.10) (Ord. 437 C.S. passed 1-16-85)

No claim or application to file a late claim may be filed or considered by the Council after the expiration of the period to file a claim as set forth in § 1-6.09 of this chapter.

('61 Code, § 1-6.11) (Ord. 437 C.S., passed 1-16-85)

(A) The Council shall act on a claim in the manner provided in § 1-6.13 of this chapter within 45 days after the claim has been presented. If a claim is amended, the Council shall act on the amended claim within 45 days after the amended claim is presented.

(B) The claimant and the Council may extend the period within which the Council is required to act on the claim by a 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 by Cal. Gov't Code § 945.6.

(C) If the 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 Council on the last day of the period within which the Council is required to act upon the claim. If the period within which the Council is required to act is extended by an agreement pursuant to this section, whether made before or after the expiration of such period, the last day of the period within which the Council is required to act shall be the last day of the period specified in such agreement.

('61 Code, § 1-6.12) (Ord. 437 C.S., passed 1-16-85; Am. Ord. 777 C.S., passed 2-16-05)

• (A) The Council may act on a claim in one of the following ways:

• (1) If the Council finds the claim is not a proper charge against the city, the Council shall reject the claim.

• (2) If the Council finds the claim is a proper charge against the city and is for an amount justly due, the Council shall allow the claim.

(3) If the Council finds the claim is a proper charge against the city but is for an amount greater than is justly due, the Council shall either reject the claim or allow it in the amount justly due and reject it as to the balance.

(B) If the Council allows the claim in whole or in part or compromises the claim, the Council may require the claimant, if he or she accepts the amount allowed or offered to settle the claim, to accept it in settlement of the entire claim.

('61 Code, § 1-6.13) (Ord. 437 C.S., passed 1-16-85)

(A) Written notice of the action taken under § 1-6.13 of this chapter or the inaction which is deemed rejection under § 1-6.12 of this chapter shall be given in the manner prescribed in § 1-6.17 of this chapter. Such notice may be in substantially the following form:

"Notice is hereby given that the claim which you presented to the Madera City Council 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 § 1-6.14(A) of this section shall include a warning in substantially the following form:

" Warning

Subject to certain exceptions, you have only six months from the date this notice is 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." ('61 Code, § 1-6.14) (Ord. 437 C.S., passed 1-16-85; Am. Ord. 777 C.S., passed 2-16-05)

• (A) A claim or any amendment thereto shall be presented to the city by:

• (1) Delivering it to the Clerk of the Council; or

(2) Mailing it to the Clerk of the Council or to the Council, Madera City Hall, 204 West Fourth Street, Madera CA 93637.

(B) A claim or any amendment thereto 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 if it is actually received by the Clerk or Council within the time prescribed for the presentation thereof.

('61 Code, § 1-6.15) (Ord. 437 C.S., passed 1-16-85)

If a claim or an amendment to a claim is presented or sent by mail under this chapter, or if any notice under this chapter is given by mail, the claim, amendment, or notice shall be mailed in the manner prescribed by this chapter. The claim, amendment, or notice shall be deposited in the U.S. Post Office, or in a mailbox, sub-post office, substation, mail chute, or other like facility regularly maintained by the USPS, in a sealed envelope, properly addressed, with postage paid. The claim, amendment, 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. Civ. Proc. Code § 1013a. ('61 Code, § 1-6.16) (Ord. 437 C.S., passed 1-16-85)

(A) The notices provided for in §§ 1-6.07 and 1-6.14 of this chapter shall be given by either of the following methods:

(1) By personally delivering the notice to the person presenting the claim or making the application; or

(2) By mailing the notice to the address, if any, stated in the claim or application as 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 claimant 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. ('61 Code, § 1-6.17) (Ord. 437 C.S., passed 1-16-85; Am. Ord. 777 C.S., passed 2-16-05)

(A) Pursuant to Cal. Gov't Code § 935.4, the City Council delegates authority to the City Manager to review all claims for sufficiency and to reject any and all claims. The City Council delegates to the City Manager authority to allow, compromise, or settle claims, including workers' compensation claims, for an amount up to $35,000 subject to consultation with the City Attorney. The City Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of $35,000.

(B) Any reference to "City Council" in this chapter shall apply to claims authority of City Manager under this section.

(Ord. 972 C.S., passed 4-15-20; Am. Ord. 984 C.S., passed 2-16-22)