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HomeMy WebLinkAbout2047ORDINANCE NO. 2047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.16.016(B) OF THE PALM SPRINGS MUNICIPAL CODE TO ALLOW FOR THE ELECTRONIC SERVICE OF GOVERNMENT CLAIMS AND NOTICES City Attorney Summary This Ordinance amends the Palm Springs Municipal Code to allow for the electronic service of Government Claims and Notices. WHEREAS, Chapter 3.16 of the Palm Springs Municipal Code provides procedures for the filing of claims against the City of Palm Springs for money or damages; WHEREAS, Senate Bill 1473 amended the Government Claims Act to authorize a person to present a claim by electronically submitting it to a public entity, if expressly authorized to do so by an ordinance or resolution of the public entity; and WHEREAS, as the City of Palm Springs already accepts claims filed electronically, the City wishes to amend the Municipal Code to formally authorize, and provide procedures for, electronic filing of claims to conform to current practice. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3.16.016(b) of the Palm Springs Municipal Code is hereby amended to read as follows: a. Pursuant to California Government Code Section 915, a claim, any amendment thereto, or an application for leave to present a late claim may be submitted in person, by mail, or electronically to the city clerk by using the online claim form available on the City's webpage in accordance with all publicly posted instructions. The City Manager is authorized to provide uniform instructions for the filing of claims electronically that are not in conflict with Division 3.6 of Title 1 of the Government Code or this Section. Proof of electronic service may be made and signed in the manner prescribed by California Government Code Section 915.2, as it may be amended from time to time. If the claim or application is submitted electronically, the person or party shall be deemed to have provided Ordinance No.2047 Page 2 consent to accept service electronically of the notices specified in Government Code Section 915.4, as may be amended from time to time, and other correspondence from the City of Palm Springs or its representatives." SECTION 4. SEVERABILITY If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. ENVIRONMENTAL REVIEW The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 10th DAY OF JUNE, 2021. CHRISTY 14OLSTEGE, 4AYOR ATTEST: THONY J. JAA,CITY LE Ordinance No.2047 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2047 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 27,2021, and adopted at a regular meeting of the City Council held on June 10, 2021, by the following vote: AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of :Tu r--e- "j Anthony J. Mj0 ity Clerk City of Palm Springs, California