HomeMy WebLinkAboutAgenda Report - January 4, 2017 C-07TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C7
AGENDA TITLE: Authorize City Clerk to Deny Request for Leave to Present Late Claim, by Tony
Mello, Pursuant to Government Code Section 911.6(a)
MEETING DATE: January 4, 2017
PREPARED BY: City Attorney
RECOMMENDED ACTION: Authorize City Clerk to deny request for Leave to Present Late
Claim, filed by Tony Mello pursuant to Government Code Section
911.6(a).
BACKGROUND INFORMATION: Request for Leave to Present Late Claim was filed with the City
Clerk by Tony Mello, pursuant to Government Code Section 911.4
on December 14, 2016, a copy of the request to file a late claim,
initial submittal and City's rejection are attached. The original submittal was filed approximately 22 -years
after the expiration of the statutory period in which the claim was to have been filed, based on the May
1993 date of loss. Government Code Section 911.2 requires that claims against public entities, with
limited exception, be filed within six months of the accrual of the action giving rise to the claim, which in
this instance would have been November 1993. Mr. Mello submitted his claim on December 8, 2016,
which was rejected as untimely. Subsequently, Mr. Mello, in a letter received by the City Clerk on
December 14, 2016, requested leave to present a late claim.
Statutory exceptions to the claim filing requirements include failure to present the claim through mistake,
inadvertence, surprise or excusable neglect with no resulting prejudice to the public entity; the injured
party was physically or mentally incapacitated during the claim filing period; and the minority or death of
the injured party.
Mr. Mello failed to present any proof that one or more of the statutory grounds for the submittal of a late
claim applies in this matter. Therefore, it is recommended that the Council authorize the City Clerk to
deny the request of Tony Mello to present a late claim pursuant to Government Code section 911.6(a).
FUNDING: Not Applicable.
Janice D_ agdich
City_ Attorney
Attachments
APPROVED:
City/CounCom/Claims/ApplicationForLateClaim-Mello.doc
chwabauerr,, City Manager
RECEIVED
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MO
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H
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R Home Address
S
Agency Name
Lodi Police Department
ORI
Location of Incident
#1
#2
#3
CA0390200
S Lwr Sac Rd, Lodi
INCIDENT/INVESTIGA '[ ! ,.
REPORT "�
DEC 14 2,_S
Crime Incident(s)
Rec Knwn Stoln Prop $400+*
496 A)
Crime Incident
Crime Incident
# of Victims 1
V1
Type: INDIVIDUAL
Victim/Business Name (Last, First, Middle)
MELLO, TONY VERNON
Home Address
Employer Name/Address
VYR Make Model Style
(Com)
F
( )
Premise Type
Weapon / Tools
Entry
Weapon / Tools
Entry
Weapon / Tools
Entry
Injury:
Victim of
Crime #
1
Lont[Frr K
Case#
09-003483
Date / Time Reported
04/29120Q9 17;14 Wed
Last Known Secure -
00/1411993 00:00 Fri
At Found
05/14/1993 00:Q0 Fri
Activity
Exit
Exit
Exit
DOB !Race
Age 38 1 W
Color
Lic/Lis
Sex
M
Security
Activity
Security
envIty
Security
Relationship
I To Offender
Resident Status
Home Phone
Miliary
Branch/Status
Business phone I Mobile Phone
VIN
CODES: V- Victim (Denote V2, V3) 0 = Owner (i f other than victim) R = Reporting Person (if other than victim)
Injury•
Type:
Code
Name (Last, First, Middle)
N
V
O
L
V
E
D
P
R
O
P
E
R
T
Y
Employer Name/Address
Type:
Code
Name (Last, First, Middle)
Home Address
Employer Name/Address
Victlne Ifim Rf
CrI
Injury:
Victim of
Crime #
DOB
Age
DOB
Age
Race
Sex
Relationship
To Offender
Business Phone
Race Sex
Resident Status
Military
BrancblStatus
Home Phone
Relationship
To Offender
Business Phone
Mobile Phone
Resident Status
Military
Branch/Status
Home Phone
r 1 = None 2 = Burned 3 = Counterfeit / Forged 4 = Damaged / Vandalized 5 = Recovered 6 = Seized 7 = Stolen 8 =Unknown
("OJ" = Recovered for Other Jurisdiction)
Vi
Status
Code FrwlTo
77 7
Officer/ID#
Invest ID#
Status
Value
$2,462.00
OJ QTY
KERMG.1RD. M (8)
(0)
Property Description
1 CHECKS/CHECKBOOKS
Make/Model
IRS
)L_ LED DOCUMENT
?TED PC 11142-11143
PARTY I RELFW E
Mobile Phone
Serial Number
Complainant Signature
Printed By: MVALENCIA, PD2535
Case Status
Closed
Wil,.;i^i 1375..5
DEPPI itsr atttiS[alea Val [Total Stole/11: $2,462.00 [$2,462.001
Supervisor
Case Disposition:
(0)
Page 1
Sys#: 121508 11/15/2016 10:33:23
INCIDENT/INVESTIGATION REPORT
Page 2
Lodi Police Department
By: MVALENCIA, PD2535 11/15/2016
LCase# 09-003483
Status 1 = None 2 = Burned 3 = Counterfeit / Forged 4 = Damaged / Vandalized 5 = Recovered 6 = Seized 7 = Stolen 8 = Unknown
Codes
D
R
U
G
S
IBR
Status
Quantity
Type Measure
Suspected Type
Assisting Officers
Suspect Hate / Bias Motivated:
Page 2
NARRATIVE
Lodi Police Department
REPORTING OFFICER NARRATIVE
Victim
MELLO, TONY VERNON
Offense
THEFT GRAND & ATTEMPT
TI -IE INFORMATION 33SLOW IS t.ONF[i)IiNTIAL - FOR USE I3Y AUTHORIZED PERSONNEL EL ONLY
OCA
09-003483
Date / Time Reported
Wed 04/29/2009 17:14
Tony Mello reports that while living with his girlfriend, Vernita Stokes, on 5/14/1993, at she stole his
IRS refund check. Tony said he received the check in the mail that day, then Ieft it at his house. Tony was having
difficulties with Vernita during that time period. When Tony returned home, he discovered the check missing. Tony
later learned that the check had been deposited in Vernita's brother's checking account. His name is unknown.
Due to the fact that this theft occurred 16 years ago, this report is for documentation only.
Case closed.
CONMOLL D DOCUMENT
,.ET:_ dEDPC 1 1 1 42-1 1 1 43
NOT FC. THRD FARTY RELEASE
R ELEp S E
ret
#3785
EPARTIVIENT
Reporting Officer: KERMGARD, M
Printed By: MVALENCIA, PD2535 11/15/2016 10:33
Page 3
Incident Report Suspect List
Lodi Police Department
Name (Last, First, Middle)
STOKES, VERNITA
Also Known As
Business Address
DOB. Age
33
Race
W
Sex
F
Eth
H
Scars, Marks, Tattoos, or other distinguishing features
Hair
Eye
OCA: 09-003483
Home A,iArpc...
LODI, CA 95242
Skin
Driver's License / State.
Reported Suspect Detail Suspect Age
Weapon, Type
Feature
VehYr/Make/Model
Notes
Sex
Eth
Model
Style
Color
Height
Color
Weight
Dir of Travel
Mode of Travel
Lic/St
Physical Char
SSN
R_CS 8IBR
Printed By: MVALENCIA, PD2535 11/15/2016 10:33
Page 4
Incident Report Related Property List
Lodi Police Department
1
Property Description
CIIECKS/CHECKBDDKS
Color
Status
Stolen
Serial No.
Date
04/29/2009
Make
IRS
Value
$2, 462.00
NIC #
OCA: 09-003483
Model
Qty
.1.000
State #
Name (Last, First, Middle)
* No name *
Notes
IRS REFUND CHECK
DOB
Local #
Age
Caliber
Jurisdiction
Locall
OAN
Race
Sex
R CSOIBR
Printed By: MVALENCIA, PD2535 11/15/2016 10:33
Page 5
FILE CLAIM WITH:
City Clerk — City of Lodi
221 West Pine Street
(209) 333-6702
OR MAIL TO:
PO -Box 3006
Lodi, CA 95241-1910
CLAIM FOR MONEY
OR DAMAGES AGAINST THE
CITY OF LODI, CALIFORNIA
Reserved For Filing Slav
No. f � erf
Attach estimates, receipts, photos, diagrams, or witness statements to support your claim. If additional space
is needed, attach supplemental sheets -- clearly identify the section(s) being answered.
Government Code requires claims be presented by the claimant or the claimant's representative and include the following:
Section 1. Claimant Information:
Name: !el iv iV;//0
Mailing Address:i2 `
City/State/Zip Code: Lodi L. q5? 4'
Telephone: 799) '=�
Section 2. Representative Information (Must be completed if claim is filed by claimant's attorney or
authorized representative): -
Name:
Mailing Address:
City/State/Zip Code:
U Check box if same as above
Telephone: ( )
Section 3. Claim Information:
Date of Occurrence: _ICI 93 igq5 Time of Occurrence:#22 am/pm
Location:3 d U t QC C /Q 9, 'd /r) r1J 1$)-7tv. )
Circumstances giving rise to this claim and why you believe the City of Lodi is respoTisible:
C !j / C e- ' • 112 _ e. po Y' +3 0e� OY9 %71X
.0,
General description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at
the time of the presentation of the claim.
4/
GPj
r + . 2:2 c girt 4
ame. of City de{p]artmj ent(s) or City em loyee(s) causing the injury, damage, or loss, if known.
C 1, ve„ LL e.. ¢J 11) }
&.mei
The amount claimed as of the date of presentation of the claim should include the estimated amount of any
prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, ne/) `C
together with the basis of computation of the amount claimed. 6,,c X
Basis for computation of claim: Amount Claimed: $ /921_,c.../
2 •r
1 a ��i
�. n ~., � t i Gv e
' �
'. ry �_, _ ) �1 17_00 c' r -.?' 9 O e IV lir, l d' J�
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar k , O
amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. v
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest, and court costs does not /0
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000 (CCP §86.) e
Revised 9/2012
Limited Civil Case Unlimited Civil Case
Section 4. Additional Information:
You are required to provide the information requested on the previous page to comply with the California
Govemment Code; however, to assist the City's investigation, please answer the following questions:
If the claim involves a minor, provide minor's date of birth, )\5 f)
Name, address, and telephone number of any witnesses to the occurrence or transaction which gave rise to the
claim asserted:
i
If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
If applicable, please attach any medical bills or reports or similar documents supporting your claim_
Does this claim relate to an automobile accident? No (sign below) ❑ Yes (complete this section and sign below
Claimant's Auto Insurance Co.: J
Claimant Drivers License No,:
Mailing Address:
City/State/Zip:
License Expires:
Telephone: ( )
Vehicle Make/Model/Year:
Insurance Broker/Agent:
Mailing Address:
License No.:
City/State/Zip
Insurance Policy No.:
Telephone: ( )
Section 5. Medicare Medicaid and S -CHIP Extension Act
Section 111 of the Medicare Medicaid & S -CHIP Extension Act requires the City of Lodi to report certain claims to
the federal government. Please indicate if the claimant is : 65 years of age or older, or received Social Security
Disability Insurance Benefits for 24 or more months, or has End Stage Renal Disease. If yes, you may be
required to provide additonal information to process your claim. Please circle one:
YES NO
Section 6. Notice and Signature
Notice: Presentation of a false claim is a felony (Penal Code §72). Every person who, with intent to defraud,
presents any false or fraudulent claim is punishable either by pmrisonment in the county jail for a period of not
more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and
fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both
such imprisonment and fine. Pursuent to Code of Civil Procedure §1038.
Unsigned or incomplete claims will be returned as insufficient, resulting In no action on the part of the City. Please note that this
Claim Form and any attachments are a_public record subject to disclosure under the California Public Records Act.
rte` v ( [f r7 --ii a�-
Claim is Name (please print) C.tai ant's Ignature ate Claim Submitted
Revised 9/2012
Please retain a copy of the completed form for your records
CITY COUNCIL
DOUG KUEHNE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
MARK CHANDLER
BOB JOHNSON
JOANNE MOUNCE
December 12, 2016
CITY OF LODI
Tony Mello
Lodi, CA 95242
SUBJECT
CITY HALL, 221 WEST PINE STREET
P O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodLL.00v cityolerk( rodi.oipv
STEPHEN SCHVVABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
NOTICE OF LATE CLAIM — REJECTION OF CLAIM
Claimant: Tony Mello
Date of Claim December 8, 2016
To Whom It May Concern:
The above -referenced claim, which you presented to the City Clerk's Office on December
8, 2016, with respect to an incident occurring in 1993 and 1995, is being rejected and
returned because it was not presented within six months after the event and/or
occurrence, as required by law. (See Government Code Sections 901 and 911.2)
Because the claim was not presented within the time allowed by law, no action was taken
on the claim.
Your only recourse at this time is to apply without delay to the City of Lodi for leave to
present a late claim. (See Government Code Sections 911.4 to 912.2, inclusive, and
Section 946.6). Under certain circumstances, leave to present a late claim may be
granted. (See Government Code Section 911.6)
You may seek the advice of an attorney of your choice in connection with this matter. If
you desire to consult an attorney, you should do so immediately.
Sincerely,
J nnifer r) Ferraiolo
'City Clerk
cc: File