HomeMy WebLinkAbout05 CONSIDERATION OF ADOPTION OF RESOLUTION NO. 22-02 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
0 Agenda Item 5
-- - AGENDA REPORT Reviewed: a
City Manager
Finance Director N/A
MEETING DATE: FEBRUARY 1, 2022
TO: MATTHEW S. WEST, CITY MANAGER
FROM: ERICA N. YASUDA, CITY CLERK
SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTION NO. 22-02
AUTHORIZING THE ACCEPTANCE OF ELECTRONICALLY FILED
GOVERNMENT CLAIMS AGAINST THE CITY OF TUSTIN
SUMMARY
Authorize the acceptance of electronically filed claims against the City as authorized by
Government Code Section 915.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-02 authorizing the
acceptance of electronically filed government claims against the City of Tustin.
FISCAL IMPACT
There is no fiscal impact associated with this item.
BACKGROUND
Government Code Section 900-935.9 prescribes the requirements for Claims Against
Public Entities. Senate Bill 1473 Local Government Omnibus Act of 2020, effective
January 1 , 2021 , amended Section 915 - Presentation and Consideration of Claims to
provide for the electronic filing of claims if expressly authorized by a resolution of the
public entity.
In compliance with Government Code Section 915, the City currently accepts claims filed
via personal delivery and US Mail. Conversely, notices sent regarding these claims are
sent via US mail. The authorization to receive claims and send notices regarding said
claims electronically pursuant to Resolution 22-02 would provide another delivery option
that saves time and resources.
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
RESOLUTION NO. 22-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING ELECTRONIC
SUBMITTAL OF CLAIMS FOR MONEY OR DAMAGES
The City Council of the City of Tustin, California, hereby finds, determines,
declares, and resolves as follows:
WHEREAS, claims for money or damages against the City of Tustin must
be submitted in accordance with specified procedures set forth in the Government Claims
Act (Gov't Code section 810 et seq.); and
WHEREAS, Senate Bill 1473 amended sections 915, 915.2 and 915.4 of
the Government Claims Act to allow electronic submittal of claims, amendments thereto,
applications for leave to present a late claim, and sending notices electronically to
claimants if expressly authorized to do so by resolution or ordinance of a local agency;
and
WHEREAS, the City of Tustin wishes to authorize the electronic submittal
of claims, amendments thereto, applications for leave to present a late claim, and sending
notices electronically to claimants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1 . Adoption and Incorporation of Recitals. The recitals set forth above
are true and correct and are incorporated by reference herein.
SECTION 2. Authorization for Electronic Claims. The City Council hereby
authorizes the electronic submittal of claims, amendments thereto, applications for leave
to present a late claim, and sending notices electronically to claimants in accordance with
sections 915, 915.2 and 915.4 of the Government Claims Act.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 1 st day of February, 2022.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk