Chapter 1.10 — CLAIMS REQUIREMENT

No city officer shall, except for his/her own service, present any claim, account or demand for allowance against the city, or in any way, except in the discharge of his/her 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. 2805 § 2 (part), 2002)

(Ord. No. 3112, § 2, 2-25-20)

The city council shall not hear, consider, allow or approve any claim, bill or demand against the city unless the same is itemized, giving names, dates, and particular service 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 therefore, and any other pertinent details.

(Ord. 2805 § 2 (part), 2002)

This chapter shall not apply to those claims that are not a municipal affair and/or for which a claim is required or not permitted to be required, pursuant to Government Code Title 1, Division 3.6, Part 3 (Government Code Section 900 et seq.). Such claims shall continue to be governed by Government Code Section 900 et seq. and shall comply with all applicable provisions of that Code. Notwithstanding any other provision, requirement, policy, ordinance or resolution of the city or the city of Whittier Municipal Code or Charter, no suit for money or damages may be brought against the city, any of its agencies, employees, officers or others, acting in the course and scope of employment, representation or authority, to act on behalf of any of the foregoing, on any cause of action for which a claim is required to be presented in accordance with this chapter until a written claim therefore has been presented to the city and has been acted upon by the city council or its designee, or has been deemed rejected. This chapter is intended to supersede and take precedence over any claims procedure or provision related to the time within which claims or actions must be filed as set forth in any other chapter, section, provision, ordinance, resolution, or policy of the city or the city of Whittier Municipal Code or Charter, only as to those claims exempted from California Government Code Section 905.

A.

Any of the following claims against the city for money or damages require a claim to be presented to the city pursuant to the provisions of this chapter as a prerequisite to suit thereon, by delivering or mailing such claim to the city clerk, who shall forward all claims or demands to the city controller:

Claims under the Revenue and Taxation Code or other statute, prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification or adjustment of any tax, assessment, fee or charge or any portion thereof, or of any penalties, costs or charges related thereto.

Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any provision of law relating to mechanics', laborers' or materialmen's lien.

Claims by public employees for fees, salaries, wages, mileage or other expenses and allowances.

Claims for which the worker's compensation authorized by Division 4 (commencing with Section 3200) of the Labor Code is the exclusive remedy.

Applications of claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions or other assistance rendered for or on behalf of any recipient of any form of public assistance.

Applications or claims for money or benefits under any public retirement or pension system.

Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness.

Claims which relate to a special assessment constituting a specific lien against the property assessed and which are payable from the proceeds of such an assessment, by offset of a claim for damages against it or by delivery of any warrant or bonds representing it.

Claims by the state or by a state department or agency or by another local public entity.

Claims arising under any provision of the Unemployment Insurance Code, including but not limited to claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties, or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed.

Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code.

Claims governed by the Pedestrian Mall Law of 1960, Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code.

Claims made pursuant to Section 340.1 of the Code of Civil Procedure for the recovery of damages suffered as a result of childhood sexual abuse. This subdivision shall apply only to claims arising out of conduct occurring on or after January 1, 2009.

Claims made pursuant to Section 701.820 of the Code of Civil Procedure for the recovery of money pursuant to Section 26680.

Claims made pursuant to Section 49013 of the Education Code for reimbursement of pupil fees for participation in educational activities.

Notwithstanding anything in this chapter, all claims, other than (1) those specifically identified above, and (2) those which are not a municipal affair and are governed by the Tort Claims Act (Cal. Govt. Code § 900, et seq.), shall be subject to the claims requirements in Sections 1113 and 1115 of the Charter, as to the time for presentation of claims, but shall be subject to this chapter regarding the other procedures for the presentation and consideration of such claims.

B.

A claim shall be presented by the claimant or by a person acting on his/her behalf on the form provided by the city clerk, or shall be filed in such other format that shows all of the following:

The name and post office address of the claimant.

The post office address to which the person presenting the claim desires notices to be sent.

The date, place and other circumstance of the occurrence or transaction which gave rise to the claim asserted.

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.

The name or names of the public employee or employees causing the injury, damage, or loss, if known.

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 the claim would be a limited civil case.

C.

The claim shall be signed by the claimant or by some person on his/her behalf. Claims against local public entities for supplies, materials, equipment or services need not be signed by the claimant or on his/her behalf if presented on a billhead or invoice regularly used in the conduct of the business of the claimant.

(Ord. 2805 § 2 (part), 2002)

(Ord. No. 3112, § 2, 2-25-20; Ord. No. 3120, §§ 2, 3, 7-28-20)

A claim may be amended at any time before the expiration of the period designated in Section 1.10.070 or before final action thereon is taken by the city, 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 and shall be presented to the city in the same manner as required for the original claim. A failure or refusal to amend a claim, whether or not notice of insufficiency is given, 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 this chapter.

(Ord. 2805 § 2 (part), 2002)

If in the opinion of the city controller a claim as presented fails to comply substantially with the requirements of this chapter, the city controller may, at any time within twenty days after the claim is presented, give written notice of its insufficiency, stating with particularity the defects of omission therein. Such notice shall be personally delivered to the person presenting the claim or shall be mailed to the address stated in the claim. No notice need be given where the claim fails to state an address for the claimant. The city council or its designee may not take action on the claim for a period of fifteen days after such notice is given.

(Ord. 2805 § 2 (part), 2002)

A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action (Government Code § 911.2(a)). For purposes of this chapter, the date of accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitation which would be applicable thereto if there were no requirement that a claim be presented to and acted upon by the city before an action could be commenced thereon. However, for purposes of this chapter, the date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaint giving rise to the defendant's claim for equitable indemnity or partial equitable indemnity against the city.

(Ord. 2805 § 2 (part), 2002)

(Ord. No. 3120, § 4, 7-28-20)

A.

The city council or its designee shall act on a claim within forty-five days after the claim has been presented. If a claim is amended, the city council or its designee shall act on the amended claim within forty-five days after the amended claim is presented.

B.

The claimant and the city council or its designee may extend the period within which an action is required on the claim by written agreement made:

Before the expiration of such period; or

After the expiration of such period if an action based on the claim has not been commenced and is not yet barred by the applicable period of limitations.

C.

If the city council or its designee fails or refuses to act on a claim within the time prescribed by this section, the claim shall be deemed to have been rejected on the last day of the period within which action was required on the claim, or the last day of the period within which action was required under any agreement to extend pursuant to this section.

(Ord. 2805 § 2 (part), 2002)

A.

The city council or its designee may act on a claim in one of the following ways:

If the city council or its designee finds the claim is not a proper charge against the city, it or its designee shall reject the claim.

If the city council or its designee finds the claim is a proper charge against the city and is for an amount justly due, it or its designee shall allow the claim.

If the city council or its designee 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.

If legal liability of the city or the amount justly due is disputed, the city council or its designee may reject the claim or may compromise the claim.

B.

If the city council or its designee allows the claim in whole or in part or compromises the claim, it or its designee may require the claimant, if the claimant accepts the amount allowed or offered to settle the claim, to accept it in settlement of the entire claim.

C.

If the claim is allowed in full and the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates.

D.

If the claim is allowed in part and 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.

E.

If the claim is allowed in part, no suit may be maintained on any portion of the cause of action where, pursuant to a requirement of the city council or its designee to such effect, the claimant has accepted the amount allowed in

settlement of the entire claim.

(Ord. 2805 § 2 (part), 2002)

Written notice of the action taken on a claim or amended claim, or the inaction which is deemed rejection, shall be personally delivered to the person presenting the claim or shall be mailed to the address stated in the claim or amended claim, if any. No notice need be given where the claim fails to state an address for the person presenting the claim. Such notice may be in substantially the following form:

"Notice is hereby given that the claim which you presented to the City 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)."

If the claim is rejected in whole or in part, the notice required shall include a warning in substantially the following form:

"WARNING: Subject to certain exceptions, you have only six months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. Whittier Municipal Code Section 1.10.120. 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."

(Ord. 2805 § 2 (part), 2002)

The city council or its designee may, in its or its designee's discretion, within the time prescribed for commencing an action on the claim, re-examine a previously rejected claim in order to consider a settlement of the claim.

(Ord. 2805 § 2 (part), 2002)

If any claim, notice or other item is required or allowed to be mailed by this chapter, the claim, notice or other item shall be mailed in the manner prescribed in this section. Such claim, notice, or other item shall 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 government of the United States, in a sealed envelope, properly addressed, with first class postage paid and shall be deemed to have been presented and received at the time of the deposit.

(Ord. 2805 § 2 (part), 2002)

Any suit brought against the city on a cause of action for which a claim is required under this chapter must be commenced:

A.

If written notice of rejection of claim is given, not later than six months after the date such notice is personally delivered or deposited in the mail.

B.

If written notice of rejection of claim is not given, within two years from the accrual of the cause of action. If the period within which the city is required to act is extended, the period of extension is not part of the time limits for the commencement of the action under this paragraph.

C.

When a person is unable to commence a suit of a cause of action within the time prescribed because he/she has been sentenced to imprisonment in a state prison, the time limit for the commencement of such suit is extended to six months after the date that the civil right to commence such action is restored to such person, except that the time shall not be extended if the city establishes that the plaintiff failed to make a reasonable effort to commence the suit, or to obtain a restoration of his/her civil right to do so, before the expiration of the time prescribed herein.

(Ord. 2805 § 2 (part), 2002)

(Ord. No. 3112, § 2, 2-25-20)

Editor's note— Ord. No. 3112, § 1, adopted Feb. 25, 2020, repealed § 1.10.130, which pertained to authorization and derived from Ord. 2805, § 2 (part), adopted in 2002.