Chapter 9 — CLAIMS

Pursuant to the authority granted the city, by Government Code section 935 , all claims against the city for money or damages which are excepted from the claims presentation requirement of chapter 2, commencing at section 910 of the 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. 00-208, 2000)

All claims against the city shall be signed under penalty of perjury by the claimant or by some person on his or her 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 $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.

• (Ord. 00-208, 2000)

• A. Itemization Required. 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.

• B. Notice of Insufficiency. If in the opinion of the city clerk or designee a claim as presented fails to comply substantially with the requirements of this chapter, the city clerk may, at any time within 20 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 defense the city may have based on the sufficiency of the claim.

• (Ord. 00-208, 2000)

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 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.

• A. Approval by City Council. 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 Solvang," 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 his or her signature.

• B. Payment by Check. 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 authorized representative, or the city finance director, and shall specify for what purpose the same is drawn and out of what it is to be paid.

• C. Sufficient Money in Treasury. 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.

• D. Acceptance by Finance Director. Upon presentation of the check executed and endorsed, the city finance director shall pay the same out of the funds in the city treasury properly applicable to that purpose.

• E. Disapproval for Want of Funds. 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 his or her signature.

• (Ord. 00-208, 2000)

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 Government Code section 912.4 .

(Ord. 00-208, 2000)

• A. Notwithstanding the exemptions set forth in Government Code section 905 , 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.

• B. Any suit brought against the city on a cause of action for which a claim is required to be presented in accordance with this chapter, must be commenced not later than six months after the earlier of:

  1. The date such claim is rejected by the city council; or

2. The date such claim is deemed rejected pursuant to Government Code section 912.4 .

(Ord. 00-208, 2000)