Yorba Linda Municipal Code Ch. 3.12 Claims and Demands

Note: Editor's note—Ord. 2016-1023, § 1, adopted Oct. 4, 2016, amended former Chapter 3.12, §§ 3.12.010—3.12.100, in its entirety to read as herein set out. Former Ch. 3.12 pertained to similar subject matter and derived from the prior code, §§ 12-18—12-25; Ord. 93-726, §§ 1, 2, 1993; Ord. 2007-899, § 2, 2007.

The presentment and processing of claims and demands, to which Part 3 of Division 3.6 of Title 1 of the Government Code of the state is applicable, shall be governed by the provisions therein contained. All other claims and demands shall be presented in writing and shall be filed with the City Clerk within one year after the last item of the account or claim shall have occurred, and shall be signed and verified. Unless so presented, filed and processed as provided in such Part 3 or in this chapter, no such claim or demand shall be approved, allowed, or paid, and the City shall not be liable upon any suit or action based upon any such claim or demand which is not presented, filed and processed in the form and within the time herein referred to or provided.

(Ord. 2016-1023, § 1, 2016)

The City Council shall not consider or approve any claim or demand against the City unless the same be itemized giving names, dates and particular services rendered, character or process served and upon whom, distance traveled, character of work done, the number of days engaged, materials and supplies furnished, when and to whom and in what quantity furnished, the price therefor and other pertinent details, as the case may be. Salaries and wages of officers and employees of the City shall not be considered to be claims or demands against the City under this article. No claim or demand shall be paid by the Finance Director unless it is in conformance with this chapter, has been presented and filed with the City Clerk, and has been approved by the City Manager, or if required the City Council.

(Ord. 2016-1023, § 1, 2016)

Each invoice for goods provided or services rendered to the City shall be presented to the Finance Director, who shall cause the same to be stamped showing the date of receipt by the Finance Department. The invoice shall be routed to the appropriate City department for verification as to its validity, accuracy and availability of budgeted funds to cover payment. Once the invoice is properly reviewed, the appropriate Department Director shall approve it and shall cause it to be returned to the Finance Director for payment processing. The Finance Director or his or her designee shall further review the invoice for accuracy and availability of funds prior to payment. Any claim or demand previously approved by the City Manager and, if required, the City Council, shall be presented to the Finance Director for payment processing.

(Ord. 2016-1023, § 1, 2016)

The City Council shall by resolution prescribe a method of drawing checks in payment of invoices, claims and demands allowed or ordered paid as aforesaid; provided, that such method shall require the manual or mechanical signature of at least one City officer who has executed an official bond to the City or who is covered by a crime insurance policy, covering the faithful performance by such officer of the duties of his or her office, as provided by the Government Code of the state.

(Ord. 2016-1023, § 1, 2016)

The Finance Director shall prepare a written report of payments made for all invoices, claims or demands to be submitted to the Finance Committee of the City Council, who shall review the same. Any invoices, claims or demands questioned by the Finance Committee shall be properly researched by the Finance Director and any requested information shall be provided to the Finance Committee at its next scheduled meeting.

(Ord. 2016-1023, § 1, 2016)

Pursuant to Government Code Section 37208, approval by the City Council of checks prior to issuance is not required and authority to initiate payments is delegated to the Finance Director. All invoices, claims or demands presented in accordance with the provisions of this chapter, if found authorized, correct and legal, shall be paid in an expedient fashion. The Finance Director shall provide a report of payments made to the City Council at each scheduled meeting of the City Council, which shall also be submitted to the Finance Committee pursuant to Section 3.12.050 of the Municipal Code.

(Ord. 2016-1023, § 1, 2016)

No City officer shall, except for his or her own service, present any claim or demand for payment by the City, or in any way, except in the discharge of his or her official duty, advocate the relief asked in a 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. 2016-1023, § 1, 2016)

Nothing in this chapter shall be construed to prevent the payment by the City Treasurer of the bonded indebtedness of the City and the interest coupons thereof, or payment on account of street improvement bonds and coupons in accordance with the laws authorizing the issuance of bonds.

(Ord. 2016-1023, § 1, 2016)

Pursuant to Government Code Section 935, claims against the City and any City officers, employees, and agents for money or damages which are excepted by Section 905 of the Government Code from the claims presentation requirements and which are not governed by any other statute or regulation expressly relating thereto, shall be governed by the procedures contained in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3, Division 3.6, Title 1 of the Government Code as a prerequisite to bringing any lawsuit or action for money or damages against the City or any City officers, employees, or agents. Such claims shall include the following:

A. 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.

B. 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 liens.

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

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

E. Applications or 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.

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

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

H. 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 or any warrant or bonds representing it.

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

J. 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.

K. 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.

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

M. 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.

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

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

P. Any other claims that may be included within Government Code Section 905 in the future.

(Ord. 2016-1023, § 1, 2016)

The provisions of Code of Civil Procedure Section 1094.6 are adopted. Notwithstanding any provision of this Code to the contrary, judicial review of any decision of the City and of any commission, board, officer, or agent of the City shall be had pursuant to Code of Civil Procedure Section 1094.5 only if the petition for writ of mandate is filed no later than the ninetieth day following the date on which the decision becomes final, as set forth in subsection (b) of Code of Civil Procedure Section 1094.6. For the purposes of this section, "decision" shall mean suspending, demoting, or dismissing an officer or employee of the City, revoking, or denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an application for any retirement benefit or allowance.

(Ord. 2016-1023, § 1, 2016)