Chapter 6.06 — UNIFORM CLAIMS PRESENTATION

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. 02-28 § 1, 2002)

No suit for the recovery of any money or damages by any person against the city shall be filed in any court of law unless a claim for recovery of such money or damages has first been filed and rejected in accordance with the provisions of this chapter. In accord with Government Code Sections 935(b) and 945.6, no action against the city may be maintained by a person who has not complied with applicable claims presentation requirements. (Ord. 07-023 § 2, 2007)

All claims for money or damages against the city shall be signed by the claimant or by some person on his or her behalf and verified by the claimant or by claimant's guardian, conservator, executor or administrator. All claims against the city shall be presented to the city by delivering or mailing the claim to the city clerk. All claims shall set forth:

• (a) The name and address of the claimant;

• (b) The 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 or witnessing the injury, damage, or loss, if known;

• (f) The amount claimed, if it totals less than $10,000 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 $10,000, 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;

• (g) The address(es) and assessor's parcel number(s) (APN) of each property (if any) to which the claim may be applicable;

• (h) The verified signature of each claimant (or the signature of each claimant's guardian,

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City of Pacific Grove, CA § 6.06.020

PACIFIC GROVE CODE

§ 6.06.040

executor, conservator, or administrator) together with a contemporaneous statement that the information on the claim has been provided under penalty of perjury;

• (i) Any claim filed on behalf of more than one person shall be verified by each person on behalf of whom the claim is filed or by claimant's guardian, conservator, executor or administrator;

• (j) Any claim to recover money previously paid to the city may be filed by any person or the person's guardian, executor, conservator or administrator only if the payment, at the time it was first tendered, had been accompanied by a written statement, signed by the claimant or claimant's guardian, executor, conservator or administrator which states that the payment was made under protest, or other basis, providing notice to city that the payment was contested. This provision shall not be construed to relieve any person of the obligation to make full payment of any money due to the city.

• (Ord. 02-28 § 1, 2002; Ord. 07-023 § 3, 2007)

No claim may be filed on behalf of a class of claimants, or on behalf of any person other than the claimant filing the claim, unless the membership of the class is identified with particularity; and unless the verified signature of each member of the class (or the signature of each class member's guardian, executor, conservator, or administrator) is appended to the claim; and that any claim filed on behalf of a class of claimants shall be further limited to persons who have tendered payments under written protest during the 365 days immediately preceding the filing of the class claim.

• (Ord. 07-023 § 4, 2007)

• (a) If a claim is presented or sent by mail under this chapter, or if any notice under this chapter is given by mail, the claim or notice shall be mailed in the manner prescribed in this section.

• (b) The claim or notice must be deposited in the United States post office, or a mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, properly addressed, with certified postage paid and return receipt requested.

• (c) If mailed in accordance with subsection (b) of this section, the claim or notice shall be deemed to have been presented and received at the time of the deposit.

• (d) A claim for recovery of any money paid under protest, or damages, shall be filed in writing with the city by claimant or by claimant's guardian, executor, conservator or administrator no later than 365 days after the date the payment was made. A claimant may apply for leave to present a claim after the one-year statute runs, but the city holds discretion to grant or deny the request.

• (Ord. 02-28 § 1, 2002; Ord. 07-023 § 5, 2007)

If, in the opinion of the city clerk, or his or her designee, a claim as presented fails to comply substantially with the requirements of this chapter, the city clerk or his or her designee may, at any time within 20 days after the claim is presented, give written notice of its insufficiency,

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City of Pacific Grove, CA

REVENUE AND FINANCE

§ 6.06.040

§ 6.06.060

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. 02-28 § 1, 2002)

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

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

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

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

  • (4) If legal liability of the city or the amount justly due is disputed, the city council may reject the claim or may compromise the claim.

• (b) If the city council allows the claim in whole or in part or compromises the claim it 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.

• (c) The city council shall act on a claim within 45 days after the claim has been presented. If the city council fails or refuses to act on a claim within this time, the claim shall be deemed to have been rejected by the city council on the last day of the period within which the city council was required to act upon the claim.

• (Ord. 02-28 § 1, 2002)

• (a) For claims against the city under $35,000 the city manager shall have the exclusive authority to act on such a claim in the same manner provided in PGMC § 6.06.050.

• (b) For all claims against the city, in any amount, the city manager shall have the exclusive authority to reject such claims.

• (1) The city manager shall act on a claim within 45 days after the claim has been presented. If the city manager fails or refuses to act on a claim within this time, the claim shall be deemed to have been rejected by the city manager on the last day of the period within which the city manager was required to act upon the claim.

• (Ord. 10-013 § 2, 2010; Ord. 16-014 § 2, 2016)

• (a) Written notice of the action taken under PGMC § 6.06.050 or the inaction which is deemed rejection under PGMC § 6.06.050(c) shall be given to the person who presented the claim.

• (b) Such notice may be given by mailing it to the address, if any, stated in the claim as the address to which the person presenting the claim desires notice to be sent. If no such

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City of Pacific Grove, CA

PACIFIC GROVE CODE

§ 6.06.060

§ 6.06.085

address is given, notice may be given by mailing it to any address the claimaint sets forth in the claim.

• (c) No notice need be given when the claim fails to state either an address to which the person presenting the claim desires notices to be sent or an address of the claimant.

• (Ord. 02-28 § 1, 2002)

• (a) 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 council, in accordance with PGMC § 6.06.050.

• (b) Any suit brought against the city on a cause of action for which a claim is required to be presented and acted upon in accordance with this chapter must be commenced not later than six months after the date the written notice is personally delivered or deposited in the mail in accordance with PGMC § 6.06.060.

• (c) As to any claim allowed in full, if the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates. As to any claim allowed in part, if the claimant accepts the amount allowed, no suit may be maintained on that part of the cause of action which is represented by the allowed portion of the claim. As to any claim allowed in part, no suit may be maintained on any portion of the cause of action where the city has added a requirement that the claimant accept the amount allowed in settlement of the entire claim.

• (d) Recovery shall not be allowed in any action upon any ground not specified in the claim. (Ord. 02-28 § 1, 2002; Ord. 07-023 § 6, 2007)

Notwithstanding the exemptions set forth in Section 905 of the California Government Code, all claims against the city for money or damages, 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. 02-28 § 1, 2002)

No provision of this chapter shall be construed to revive or reinstate any cause of action that, on the effective date of the ordinance enacting this provision, is barred by failure to comply with any previously applicable statute, ordinance or regulation requiring the presentation of a claim prior to a suit for recovery of money or damages subject to the city, or by the failure to commence any action thereon within the period described by applicable statute of limitations. (Ord. 07-023 § 7, 2007)

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City of Pacific Grove, CA

REVENUE AND FINANCE

§ 6.07.010

§ 6.07.040