HomeMy WebLinkAboutOrd 2021-3511ORDINANCE NO. 3511
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF THE CHULA VISTA MUNICIPAL
CODE CHAPTER 1.34, “CLAIMS REQUIREMENTS AND
PROCEDURES,” TO ALLOW FOR ELECTRONIC CLAIMS
FILINGS AND CHANGE THE DELEGATE FOR CLAIMS
HANDLING FROM RISK MANAGER TO CITY MANAGER OR
HER DESIGNEE
WHEREAS, under Chula Vista Municipal Code (CVMC) section 1.34.020 requires
applicable claims be presented in writing and filed with City of Chula Vista; and
WHEREAS, the COVID-19 pandemic created opportunity for electronic filings and the
City of Chula Vista created an online form for claims to be submitted; and
WHEREAS, Senate Bill 1473 codified a requirement for public agencies to adopt an
ordinance or resolution allowing claims to be submitted electronically; and
WHEREAS, staff determined that amendments are required to CVMC 1.34 in order to
comply with allowing the submission of electronic claims per State of California regulations; and
WHEREAS; this ordinance also amends language in CVMC 1.34.050 to change the City
Councils designee from the Risk Manager to City Manager.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. The following sections in CVMC chapter 1.34, “Claims Requirements and
Procedures,” are hereby amended as follows:
1.34.020 Claims Requirement.
No suit shall be brought against the City unless a claim has been presented in writing or
submitted electronically and filed with the City of Chula Vista and acted upon by the City.
1.34.050 Delegation.
The functions of the City Council required to be performed in considering and rejecting,
approving, compromising or settling claims provided for by this chapter are hereby delegated to
and shall be performed by the City Manager or their designee. The Director of Finance may cause
a warrant to be issued upon the City treasury in the amount for which any such claim has been
allowed, compromised or settled by the City Manager or their designee, provided such amount
does not exceed $50,000.
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Section II. Acceptance of Electronic Submissions.
Council, by this action, accepts and allows electronic submission of claims starting on
January 1, 2021.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
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Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of August 2021, by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3511 had its first reading at a regular meeting held on the 10th day of August 2021,
and its second reading and adoption at a regular meeting of said City Council held on the 24th day
of August 2021; and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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9/1/2021