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HomeMy WebLinkAboutAgenda Report - January 5, 2022 C-18AGENDA ITEM C- f 8 CITY OF LODI COUNCIL COMMUNICATION IM AGENDA TITLE: Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Joanne DelSolar Pursuant to Government Code Section 911.6(a) MEETING DATE: January 5, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION: Authorize City Clerk to grant Request for Leave t0 Present Late Claim, by Joanne DelSolar, Pursuant to Government Code Section 911.6(a). BACKGROUND INFORMATION: Request for Leave to Present Late Claim was filed with the City Clerk by Joanne DelSolar pursuant to Government Code 911.4 on November 23, 2021. A copy of the request to file a late claim, initial submittals and City's rejection notice are attached. The original submittal was filed approximately two months after the expiration of the statutory period in which the claim was to have been filed, based on the January 22, 2021 date of loss. Government Code 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 22, 2021. Ms. DelSolar submitted her claim on August 26, 2021, which was rejected as untimely on August 26, 2021. In a letter received by the City Clerk on November 23, 2021, Ms. DelSolar 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 fling period; and the minority or death of the injured party. Ms. DelSolar 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). FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable Jennifer Cusmir Jennifer Cusmir APPROVED: Steve SCilwabauer Stephen Schwabauer, City Manager November 12, 2021 Office of the City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 "New NOV 2 3 2021 1111 ILEh� NOTE: THIS DOCUMENT WAS ORIGINALLY SENT VIA CERTIFIED MAIL ON SEPTEMBER 26, 2021, BUT WAS MISDIRECTED BY THE US POSTAL SERVICE. RE: Notice of Late Claim Rejection dated August 26, 2021 DelSalar, Joanne, Claim dated August 2021 Pursuant to California Government Code, GOV § 911.6, claimant is applying for leave to present a late claim. The following sections of §911.6, a) Provisions of the code; b) Applicable reasons for failure to present the claim in the six months following the cause of action are relevant. For this claim, section b, (1) and (3) are applicable and should be considered by the City of Lodi as the reasons for the late presentation of the claim for money damages (copy of original claim attached as required by regulations). (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 ani lication where one or more of the following is applicable: The presentation of the claim was made when all available relevant information pertaining to the claim had been collected. Claimant inadvertently and mistakenly neglected to research the California Codes relevant to the claim because the claim form does not advise the claimant of the code defining the time limit for submitting a claim as does a similar claim form for the City of Stockton that has the following as a header on its claim form: Source: W://www stockton og v com/govemtnent/departments/humanResowces/riskServices/genLiabilit v html Claims for bodily Injury or death, damage to personal property, or damage to growing crops my be filed on this form, not later than six months attar the occurrence out of which the claims arose. All other claims must be filed not later then one year after the occurrence out of which the claims arose. (Refer to California Government Code sections 910.4 and 911.2) Similar wording also appears on the claim form for money damages for the City of Galt One may make the assumption that the City of Lodi, by not including these references to California Code, intentionally led the claimant to inadvertently and mistakenly exceed the time limit allowed under §911.2. During the time period designated by § 911.2, the claimant was, and still is, physically disabled due to the nature of the injury — a broken ankle that has not allowed the claimant to be mobile unless using a wheel chair within the home and with assistance in order to attend medical appointments. From the date of the injury, to the end of February, claimant was in hospital a total of fifteen days. Subsequently, for more than two months, from February 20 through May 61b, claimant was bedridden and required home nursing visits for wound care. The claimant cannot walk, drive, or perform any of the normal day -today activities of a physically-abled individual. The claimant's physician has advised additional surgery that will leave the claimant further disabled — unable to walk independently, or at all, for another three to six months and might, ultimately, necessitate the amputation of the right foot. The City of Lodi has 45 days from the presentation (receipt) of this appeal to either grant or deny the appeal. Under the conditions stated above, especially the lack of due diligence by the City of Lodi to inform claimants directly of the applicable California Codes on its claim fomes as is standard practice, this appeal should be approved without delay and the claim paid expeditiously. A rejection of this appeal and denial of the claim will result in further action through the courts as is allowed by law. Sincerely, ��7,11, Jo a/11elSo11w rl' f, , Out -of -Pocket Medical Devices Not covered by insurance: Wheel Chair $247.90 Bedside Commode $58.97 Shower Chair $47,62 Miscellaneous Medical Supplies: (Bandages, gauze, bathing cloths) $66.28 Out -of Pocket Prescription Costs: $33.83 (outside of inpatient medication) Time I have been unable to perform regular activities. i.e.: cooking, shopping, taking care of my husband, pets, and property maintenance, etc.: Calculated at 20 hrs./week @ $13.00/hr. current California minimum wage for the period of 1/22/2021 to 3/31/2022. 49 wks. X 20 hrs./wk. X $13.00 $12,740.00 Calculated at 20 hrs./week @ $14.00/hr. current California minimum wage for the period of 1/1/2022 to 3/31/2022 13 wks. X 20 hrs./wk. X $14.00 $3,640.00 Cost of outside cleaning service - $200/mo. February 2021 through March 2022 (14 mos.): $2,800.00 Costs for Grocery Delivery @ $20.00/wk. Period of 1/22/21 through 3/312022 (62 X$20.00) $1,240.00 (Based on average delivery costs from SaveMart, Target, Safeway, WalMart.) Total: $24074 64 ITY COUNCIL -AN NAKANISHI, Mayor ARK CHANDLER, Mayor Pro Tempore IKEY HOTHI 1AK KHAN JUG KUEHNE August 26, 2021 Joanne CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 1 FAX (209) 333-6807 WWAJ2dl aov 2iU91erk01odi aov STEPHEN SCHWASAUE City Managi JENNIFER CUSMI City Clef JANICE D. MAGDIC City Attome SUBJECT: NOTICE OF LATE CLAIM — REJECTION OF CLAIM Claimant: Joanne DelSolar Date Claim Rec'd.: August 26,2021 Good afternoon Ms. DelSolar: The above -referenced claim, which you presented to the City Clerk's Office on August 26, 2021, with respect to an incident occurring on January 22, 2021, 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 911A 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, Iter Cus r, CMPA ity Clerk cc: File CITY COUNCIL ALAN NAKANISHI, Mayor MARK CHANDLER, Mayor Pro Tempore MIKEY HOTHI SHAK KHAN DOUG KUEHNE August 26, 2021 Joanne D CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-5807 www lodi.noy Citvc1erk0lodl V STEPHEN SCHWABAUER City Manager JENNIFER CUSMIR City Clerk JANICE D. MAGDICH City Attorney SUBJECT: NOTICE OF LATE CLAIM—REJECTION OF CLAIM Claimant: Joanne DelSolar Date Claim Rec'd.: August 26,2021 Good afternoon Ms. DelSolar. The above -referenced claim, which you presented to the City Clerk's Office on August 26, 2021, with respect to an incident occurring on January 22, 2021, 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, rrer Cus Ir, CMC.�Mpq�� Illy Clerk cc: File FILE CLAIM WITH! CLAIM FOR MONEY Rialived ForRing Stamp CityClerk- Cityof Lodi OR DAMAGES AGAINST THE Claim No. 221 West Pine Street CITY OF LODI CALIFORNIA (209)333.6702 OR MNL TO: PO Box 3006 Lodi, CA 95241-1910 Government Code requires claims be presented by the claimant or the claimants represanraave and include Ind following: Suction 7. Claimant lnfermafion: Saction 2. Representative Informal (Must be rampleted H claim Is filed by clalmanCe attllntey or authorized repreaentafivel: City/State2ip Code: / Telephone: ( ) Section 3. Claim lnferrnatien: Date of Orxutfen_Ce:_/. 2Q021 oourrerwo: L)�fM amlpm LocaSonlAivr,t)flT 17D& �ADK Circumstances divine rim to and why you believe the City of Lodi is General description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at Name of City deparment(s) or City employees) causing the injury, damage, or loss, it known. 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 0 may be known at the time of the presentatlon of the claim, together with the basis of computation of the amount claimed. Basta for computation of claim: Amount Claimed: $ If amount Claimed "Call $10,000: If the amount claimed utmneds ten thousand dollars ($10,000), no boiler amount shall be included in the claim. However, 0 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.) X Limited Civil Case E] Unlimited Civil Case auction Y. Ademonas imormanont You are required t0 provide the information requested on the previous page to comply with the California Govemment Code; however, to assist the Cly's investigedon, please enswer me following questions: If the claim involves a minor, provide minor's date of birth, Name. address, and telephone number of any witnesses M the occurrence or transaction which gave rise to the claim asserted SMT .�t�SS�N,V>✓T��g!'Y)6>�•1GLn1 IUSDICAI�• �65POAKC" Vd3Nk'� AMR lir pyrre}17�e�4 8 Ki 6 — — If the claim involves medical treatment for a claimed Injury, please provida the name, address and telephone number of any doctors or hospitals providing treatment: .UA :PCI10- QiEw- k-AL�A!L3�i))r /�A- CA/L L/tiif5if-oje,)& Aaoto _ it applicable, please attach any modical bills or reports or sfmrlerdocuments supporting noon thio eisim minim w, a....a___u,_ _ . . - - --- ---------••--�••� .•.•nvmn, ... n� %049" oulawl Tea cora leu this section and sign beh uto Insurance Co.: Claimant DdVefe Licango No- Mailingress ip: License Expires: : ( J FInsumnm Vehicle Make/M ear: kertAgent: ess; LloenTelepho Ins "ncePolicy No.: Telephone: ( ) —.-- - - —.. .._..._ Section 0. Medicare Medicaid and S -CHIP Extension ACt Section 111 of the Medicare Medicaid & S -CHIP Extension uires the City of Lodi to report certain claims to the federal govemment. Please indicate if the claimant is : 5 yea of age or older, or received Social Security Disability Insurance Benefits for 24 or more months, or has Cage Ronal Disease. If yes, you may be required to provide additonal Information to process your claim. Please drde one: YE NO aeutlon 0, Notice and Stunature Notice: Presentation of a false claim is a felony (Panel Code §72). Every person who, with Intent to defraud, presents any false or fraudulent claim Is punishable either by pmrisonment in the county jell 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. Pursuant to Code of Civil Procedure §1038. Jnslgned or Incomplete claims will be returned as insufficient, resuMing in no action on the part of the City, Please note that this Redsed d/2012 '