Pismo Beach Municipal Code Ch. 3.06 Claims Against City

Pursuant to Section 915(a)(3) of the California Government Code, a claim, any amendment thereto, or an application for leave to present a late claim, may be submitted electronically. Such claim may be submitted via an electronic form published on the internet or via email, provided that the submittal complies with all other applicable laws governing the submittal of such a claim, and must contain an electronic facsimile of the signature of the claimant or claimant's representative, where such signature is required by law. (Ord. O-2025-002 § 7, 2025)

Pursuant to the authority granted the city by Section 935 of the California Government Code, all claims against the city for money or damages which are excepted from the claims presentation requirement of Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code (to wit, those claims enumerated in Section 905 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. O-2025-002 § 8, 2025; Ord. 96-01 § 1 (part), 1996)

All claims against the city shall be signed under penalty of perjury 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. 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. 96-01 § 1 (part), 1996)

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 traveled, character of work done, and number of days engaged, materials and supplies furnished, when and to whom and in what quantity furnished, the price therefrom and any other pertinent details as the case may be. (Ord. 96-01 § 1 (part), 1996)

No claim may be filed on behalf of a class of persons unless signed under penalty of perjury by every member of that class. Notwithstanding the foregoing, class actions shall not be allowed in any case challenging a city tax. (Ord. O-2012-007 § 1, 2012)

This section, regarding class actions, was repealed by Ord. O-2025-002, § 9, 2025. (Ord. O-2012-007 § 1, 2012)

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. 96-01 § 1 (part), 1996)

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 Section 912.4 of the California Government Code. (Ord. 96-01 § 1 (part), 1996)

If the city council finds any claim or demand is not a proper charge against the city, it shall be rejected by resolution or minute action, and the fact of rejection shall be plainly endorsed upon the claim by the city clerk or her authorized representative. If any claim or demand is determined to be a proper charge against the city, the same shall be allowed by resolution setting forth as to each claim the name of the claimant, a brief statement of the claim, and the amount allowed. Any claim may be allowed in part and rejected in part by the city council. The city council may also delegate to the city manager or another person or entity the responsibility for administering, accepting and/or rejecting claims filed against the city. (Ord. O-2012-007 § 2, 2012; Ord. 96-01 § 1 (part), 1996)

If any claim or demand is approved and allowed by the city council, the city clerk shall endorse upon each of the duplicate copies thereof the words, "Allowed by the city council of the city of Pismo Beach," together with the resolution number or minute action allowing the same and for what amount and from what fund, and the city clerk shall attest the same with her signature. (Ord. 96-01 § 1 (part), 1996)

If any claim or demand is approved and allowed by the city council, the mayor shall draw a check upon the city treasury for the same, which check shall be countersigned by the city clerk, or her authorized representative, or the city finance director or her authorized representative, and shall specify for what purpose the same is drawn and out of what fund it is to be paid. (Ord. 96-01 § 1 (part), 1996)

Except as otherwise provided, no check shall be drawn or evidence of indebtedness issued unless there is at the time sufficient money in the treasury legally applicable to the payment of the same. (Ord. 96-01 § 1 (part), 1996)

Upon presentation of the check properly executed and endorsed, the city finance director shall pay the same out of the funds in the city treasury properly applicable to that purpose. (Ord. 96-01 § 1 (part), 1996)

When an order or demand is not approved for want of funds and its amount does not exceed the income revenue for the year in which the indebtedness was incurred, the city clerk shall endorse on it: "Not approved for want of funds," with the date of presentation and her signature. (Ord. 96-01 § 1 (part), 1996)

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 law, shall be presented not later than one year after the accrual of the cause of action. If the cause of action for money or damages has a statute of limitations of less than one year, a claim for such cause of action shall be presented not later than the period of time established as the statute of limitations. (Ord. O-2012- 007 § 3, 2012; Ord. 96-01 § 1 (part), 1996)