Morro Bay Municipal Code Ch. 3.12 Claims Against the City

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* For statutory provisions regarding payment of claims against the city, see Gov. Code § 53910 et seq.

Pursuant to the authority granted the city by California Government Code Section 935, all claims against the city for money or damages which are excepted from the requirement of the presentation of claim by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedures prescribed in this chapter.

(Ord. 451 § 1, 1996)

No city officer shall, except for his own service, present any claim, account or demand for allowance against the city, or in any way except in the discharge of his official duty advocate the relief asked in the claim or demand made by any other person. Any person may appear before the city council and oppose the allowance of any claim or demand made against the city.

(Ord. 6 § 1 (part), 1964: prior code § 2300)

The city council shall not hear or consider or allow or approve any claim, bill or demand against the city unless the same is itemized giving names, dates and particular services rendered, character of process served and upon whom, distance travelled, character of work done, and number of days engaged, materials and supplies furnished, when and to whom, and in what quantity furnished, the price therefor and any other pertinent details as the case may be. Claims and demands for salaries and wages of officers and employees of the city may, but need not be, presented to the city in accordance with the provisions of this code.

(Ord. 6 § 1 (part), 1964: prior code § 2301)

All claims against the city shall be signed by the claimant or by some person on his behalf. All claims against the city shall be presented to the city by delivering or mailing the claim to the city clerk, or his/her designee. All claims shall set forth:

A. The name and post office 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 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 if it totals less than ten thousand dollars as of the date of 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 computation of the amount claimed. If the amount claimed exceeds ten thousand dollars, no dollar amount shall be included in the claim. However, it shall indicate whether jurisdiction over the claim would rest in municipal or superior court.

(Ord. 451 § 2, 1997: prior code § 2302)

(Ord. No. 587, § 1, 5-27-14)

If in the opinion of the city clerk, or her designee, a claim as presented fails to comply substantially with the requirements of this chapter, the city clerk or her designee may, at any time within twenty days after the claim is presented, give written notice of its insufficiency, stating with particularity the defects or omission therein. Failure of the city clerk to provide notice of insufficiency shall not operate as a waiver of any defenses the city may have based on the sufficiency of the claim.

(Ord. 451 § 3, 1997)

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 chapter until a written claim therefor has been presented to the city and has been acted upon by the city council, or has been deemed to have been rejected by the city, in accordance with Section 912.4 of the California Government Code.

(Ord. 474 § 2, 1999; Ord. 451 § 4, 1997: Ord. 6 § 1 (part), 1964: prior code § 2303)

Pursuant to Section 935.4 of the Government Code of California, the city manager or said manager's designee shall be authorized to accept, settle or reject without prior approval of the city council, claims against the city, provided that no allowance, compromise or settlement shall exceed twenty thousand dollars. Upon the written order of the city manager or said manager's designee, claims shall be processed for approval and payment pursuant to procedures established by the city's insurance coverage process and pursuant to state law.

The city manager or said manager's designee is further authorized to compromise or settle, without prior approval of the city council, except on a matter of policy, any actions in which the city is the plaintiff, provided that the amounts of such compromise or settlement shall not exceed thirty-five thousand dollars.

(Ord. 474 § 3, 1999: Ord. 6 § 1 (part), 1964: prior code § 2304)

Notwithstanding the exemptions set forth in Section 905 of the California Government Code, all claims against the city for damages or money, when a procedure for processing such claims is not otherwise provided by state laws, shall be presented not later than one year after the accrual of the cause of action.

(Ord. 474 § 4, 1999; Ord. 451 § 5, 1997)