HomeMy WebLinkAboutStaff Report 2409-3468CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, October 07, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
11.Adoption of a Resolution to Authorize the Acceptance of Electronic Government Claims
City Council
Staff Report
From: City Attorney
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: October 7, 2024
Report #:2409-3468
TITLE
Adoption of a Resolution to Authorize the Acceptance of Electronic Government Claims
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the acceptance of
electronic claims in accordance with Senate Bill 1473 of the Local Government Omnibus Act of
2020, which amended Government Code Section 915 to allow for the electronic filing of
government claims if expressly authorized by resolution of the public entity.
BACKGROUND
Government Code Section 915 traditionally required that government claims against public
entities be delivered or mailed to the City in hard copy. Senate Bill 1473, enacted as part of the
Local Government Omnibus Act of 2020, amended Government Code Section 915 to permit the
electronic filing of claims against public entities, provided that such filing is expressly authorized
by a resolution of the public entity.
Palo Alto Municipal Code Section 2.28.230 also prescribes the methods for presentation of
claims not otherwise governed under the Government Code or state law. This section requires
that all claims be presented in the manner prescribed the Government Claims Act.
ANALYSIS
In response to the COVID-19 pandemic in 2020, the City began accepting electronic claims as a
temporary measure to ensure continuity of services while adhering to public health guidelines.
This practice proved to be highly effective, as staff observed that accepting electronic claims
significantly enhanced customer service and increased operational efficiencies.
Electronic claims can be submitted through the City’s website at “Submit a Claim Against the
City” (https://www.cityofpaloalto.org/Departments/City-Attorney/Submit-a-Claim-Against-the-
City/). In addition, claims may still be submitted via email, mail, or in-person, with detailed
instructions available on the same webpage.
The adoption of this resolution will formalize the practice of accepting electronic claims,
allowing the City to continue offering this convenient and efficient option for the public.
FISCAL/RESOURCE IMPACT
The fiscal impact of adopting this resolution is expected to be minimal. The City has already
implemented electronic filing as part of its response to the COVID-19 pandemic, and any initial
implementation costs have either already been incurred or will be offset by the operational
efficiencies gained from accepting electronic claims. These efficiencies include reduced
processing times, lower administrative costs, and decreased use of physical resources. As a
result, the ongoing costs associated with maintaining the electronic claims system are
anticipated to be negligible.
STAKEHOLDER ENGAGEMENT
With respect to claim filing procedures, the City Attorney’s Office has collaborated with the
Clerk’s Office, IT and Communications.
ENVIRONMENTAL REVIEW
Adoption of this resolution is not subject to California Environmental Quality Act review
because it does not meet the definition of a “project” under California Public Resource Code
section 21065.
ATTACHMENTS
Attachment A: Resolution Authorizing the Acceptance of Electronically Filed Government
Claims
APPROVED BY:
Molly Stump, City Attorney
NOT YET APPROVED
Resolution No. ________
A Resolution of the City Council of the City of Palo Alto
Authorizing the Acceptance of Electronically Filed Government
Claims to the City of Palo Alto.
R E C I T A L S
A. California Government Code Section 915 prescribes the methods for presentation and
consideration of claims for money or damages against a public entity; and
B. Palo Alto Municipal Code Section 2.28.230 prescribes methods for presentation and
consideration of claims for money or damages not otherwise governed by the California
Government Code Sections 900 et seq. (Government Claims Act), or another state law,
and requires that such claims must be presented in the manner prescribed by the
Government Claims Act, as may be amended; and
C. Senate Bill 1473 Local Government Omnibus Act of 2020, effective January 1, 2021,
amended California Government Code Section 915 to provide for electronic filing of
claims if expressly authorized by a resolution of the public entity; and
D. The City of Palo Alto desires to accept government claims and send notices of said
government claims electronically to enhance customer service and increase
efficiencies in City operations; and
E. “Electronically” mean the transmission of a claim document by electronic address
designated by the City of Palo Alto, and to the electronic address from which the
claim was received unless otherwise requested.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The City Council hereby approves and authorizes the acceptance of
electronically filed California government claims to the City of Palo Alto pursuant to California
Government Code Section 915.
/ /
/ /
NOT YET APPROVED
SECTION 2. Adoption of this Resolution is not a project under California Environmental
Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for
resulting in either a direct or reasonably foreseeable indirect physical change in the
environment.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager