HomeMy WebLinkAboutAgenda Report - March 18, 2020 C-15AGENDA ITEM Co,15
&0'% CITY OF LODI
COUNCIL COMMUNICATION
' TM
AGENDA TITLE: Authorize City Clerk to Grant Request for Leave to Present Late Claim, by D.
Michael Spurgeon, Pursuant to Government Code Section 911.6(a).
MEETING DATE: March 18, 2020
PREPARED BY: City Attorney
RECOMMENDED ACTION: Authorize City Clerk to grant request for Leave to Present Late
Claim, filed by D. Michael Spurgeon pursuant to Government Code
Section 911.6(a).
BACKGROUND INFORMATION: Request for Leave to Present Late Claim was filed with the City
Clerk by D. Michael Spurgeon, pursuant to Government Code
Section 911.4 on February 18, 2020. A copy of the request to file a
late claim, initial submittals and City's rejection notices are attached. The original submittal was filed
approximately six months after the expiration of the statutory period in which the claim was to have been
filed, based on the December 27, 2018 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 June 27, 2019. Mr. Spurgeon submitted
his claim on December 23, 2019 which was rejected as untimely on December 31, 2019. In a letter
received by the City Clerk on February 18, 2020, Mr. Spurgeon 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. Spurgeon's application has presented information sufficient to satisfy the statutory element for the
submittal of a late claim as it applies in this matter. Therefore, it is recommended that the Council
authorize the City Clerk to grant the request of D. Michael Spurgeon to present a late claim pursuant to
Government Code section 911.6(a).
FUNDING: Not Applicable.
Attachments
(44anice-. Magdich
City- Attorney
APPROVED: ',
Stephen Schwa uef, City Manager
City/CounCom/Claims/AppIicationForLateC laim-Spurgeon. doe
14 February 2020
D. Michael Spurgeon
P.O. Box 483
Acampo CA 95220
City Clerk
Lodi CA 95241
RE: Leave to present late claim
City Clerk,
'CE IWR
FEB 18 2020
1t' "lrIM
On 27 December 2018 my Toyota Camry was towed from one of four street parking spaces
on the south side of Locust Street, Lodi CA across from the City Library.
Martin Weybret had received an Encroachment Permit #20183197 for these parking
spaces effective from 20 December 2018 through 31 December 2018. He failed to
follow both the law and recommendations of the Lodi Public Works Department in
posting this permit.
On 27 December 2018 I received a release for my vehicle from the Lodi Police
Department. The watch commander said "I'm not going to charge you (fee for release)
for this." He further suggested I "go across the street" to the City Clerk's Office
and file a claim.
During the first week of January 2019 I obtained forms from the city clerk's office
to file a CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF LODI, CALIFORNIA. I asked
the woman who gave me the forms, "How long do I have to do this?" She replied "A
year."
I relied on this answer from the City Clerk and filed a claim on 23 December 2019.
On 31 December 2019, I received a NOTICE OF LATE CLAIM - REJECTION OF CLAIM from
Pamela M. Farris, Assistant City Clerk.
California Government Code Section 911.6 says, in pertinent part,
911.6
(a) The board shall grant or deny the application within 45 days
after it is presented to the board. The claimant and the board may
extend the period within which the board is required to act on the
application by written agreement made before the expiration of the
period.
(b) The board shall grant the application where one or more of the
following is applicable:
(1) The failure to present the claim was through mistake,
inadvertence, surprise or excusable neglect and the public entity
was not prejudiced in its defense of the claim by the failure to
present the claim within the time specified in Section 911.2.
The City Clerk's answer when I obtained claim forms in January 2019 that I had "a
year" to file a claim is covered by 911.6(b)(1), ie. mistaken, inadvertent, or
excusable neglect. i
I, with this letter, apply for leave to file a late claim. This claim consists of
this letter, plus the entire contents of the claim I filed on 23 December 2019.
Thank you,
D. Michael Spurgeon
CITY COUNCIL
DOUG KUEHNE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
MARK CHANDLER
BOBJOHNSON
JOANNE MOUNCE
December 31, 2019
D. Michael Spurgeon
P.O. Box 483
Acampo, CA 95220
CITY OF LODI
2015 "Wine Region of the Year"
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.aov P -Lt Yclerk@lodi.gov
STEPHEN SCHWABAUER
City Manager
PAMELA M. FARRIS
Assistant Clty Clerk
JANICE D. MAGDICH
City Attorney
SUBJECT: NOTICE OF LATE CLAIM — REJECTION OF CLAIM
Claimant: D. Michael Spurgeon
Date Claim Rec'd.: December 23, 2019
To Whom It May Concern:
The above -referenced claim, which you presented to the City Clerk's Office on
December 23, 2019, with respect to an incident occurring on December 27, 2018,
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,
Pamela M. Farris, CMC
Assistant City Clerk
cc: File
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
Stamp
Claim No. 19-15
1ECE VE1
DEC 2 3 2019
My ClUt
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Government Code requires claims be presented by the claimant or the claimant's representative and Include the following:
Section 1. Claimant Information:
Name: a fewEL 5 rJ14r,c*eby^/
Mailing Address: P d Som' l8;3
City/State/Zip Code: 4CA-MPo CA 4,5',2;20 Telephone: (
Section 2. Representative Information (Must be completed If claim Is filed by clalmant's,attorney or
authorized representative):
Name: _ ® Check box if same as above
Malling Address:
City/State/Zip Code: Telephone: ( }
Section 3. Ciaimdnformation:
Date of Occurrence: 2.7 DeZ 7,J 18 Time of Occurrence: cR
Location:
Circumstances giving rise to this claim and why you believe the City of Lodi is responsible:
�C Y CAWS MxT9T7 mw 7ar�r cP pom �pu sl �� or
�octn,sT Sr 7`fwC ss Fgam GOpI LUBRr4t 1r [omf & Acrsrp rwara ]
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.
ip32S.do %JtrJl r SLs�s (3�Lpw �gAS t S FoR c4n1Pce�r*Ttayv Of cc a>IM�
#.2..40,00 ^' e2o r0rA i' 4trrd aU.7:.C.cli10l
Name of City department(s) or City employee(s) causing the injury, damage, or loss, if known.
C_ac, cd PArr ZOni load 614 G*fs
� �� S � IR'rGK rtie'ryJf't c t Sim O Sr kA7E AGS ..
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,
together with the basis of computation of the amount claimed.
Basis for computation of claim: Amount Claimed: $ rj'2 S oa
fNsa FrIe „ T Ato?7rteArta a a / 7b�,�p_Ij+ oAir AND P65T1 N b dF s4M r
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar
amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.
A limited civil case Is one where the recovery sought, exclusive of attorney fees, Interest, and court costs does not
exceed $25,000. An unlimited civil case is one In which the recovery sought is more than $25,000 (CCP §86.)
F -F] Limited Civil Case [] Unlimited Civil Case
Revised 9/2012
Section 4. Additional Information:
You are required to provide the information requested on the previous page to comply with the California
Govemmegt 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.
Name, address, and telephone number of any witnesses to the occurrence or transaction which gave rise to the
claim asserted:
-moa 147 F� Fl
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? Uff No (sign bolow) ❑ Yes (complete this section and sign below)
Claimant's Auto Insurance Co.:
Mailing Address:
City/State/Zlp:
Claimant Drivers License No,:
License Expires:
Telephone: ( )
Vehicle Make/ModelNear:
Insurance Broker/Agent:
Mailing Address:
City/State/Zlp
Telephone: ( )
License No.:
Insurance Policy No.:
Section 5. Medicare Medicaid and S -CHIP Extension Act �I
Section 111 of the Medicare Medicaid & S -CHIP Extension Act requires the City of Lodi to report certain clairns 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 Siunature
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 fipe. 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 aty attachments are a public record subject to disclosure under the California Public Records Act.
1).1V 1eKffc 5'J0rtX0,FoA1 A.,"
Claimant's Name (please print) Claimant's
Revised 912012
2s pFe u I I
Date Claim Submitted
Please retain a copy of the completed form for your records