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Home My WebLink AboutAgenda Report - May 4, 2022 C-11AGENDA ITEM ess I 1 &% CITY OF LODI ,. COUNCIL COMMUNICATION TM AGENDA TITLE: Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Lauren Borges, Pursuant to Government Code Section 911.6(a) MEETING DATE: May 4, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Lauren Borges, Pursuant to Government Code Section 911.6(a). BACKGROUND INFORMATION: Request for Leave to Present Late Claim was filed with the City Clerk by Lauren Borges, pursuant to Government Code 911.4 on April 11, 202. 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 one months after the expiration of the statutory period in which the claim was to have been filed, based on the August 12, 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 February 12, 2022. Ms. Borges submitted her claim on March 16, 2022, which was rejected as untimely on March 16, 2022. In a notice received by the City Clerk on April 11, 2022, Ms. Borges 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. Due to the pandemic impeding part shortages and shipping delays it is recommended that the Council authorize the City Clerk to grant the request of Lauren Borges to present a late claim pursuant to Government Code section 911.6(a). FISCAL IMPACT: Not applicable. FUNDING AVAILABLE. Not applicable "��Oaztud_ _ Olivia Nashed City Clerk APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager CITY COUNCIL MARK CHANDLER, Mayor MIKEY HOTHI, Mayor Pro Tempore SHAK KHAN DOUG KUEHNE ALAN NAKANISHI March 16, 2022 Lauren Borges Lodi, Ca 95242 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.aov cityclerk(c�lodi.gov STEPHEN SCHWABAUER City Manager PAMELA M. FARRIS Assistant City Clerk JANICE D. MAGDICH City Attorney SUBJECT: NOTICE OF LATE CLAIM — REJECTION OF CLAIM Claimant: Lauren Borges Date Claim Rec'd.: March 16, 2022 To Whom It May Concern: wenn APR 1 1 2022 The above -referenced claim, which you presented to the City Clerk's Office on March 16, 2022, with respect to an incident occurring on August 12, 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, `ten • �.� Pamela M. Farris, MMC Assistant City Clerk cc: File PF/kc The claim made for . ! was late due to the inability to get parts in a timely manner. The parts shortage and shipping delays caused our repairs to be done much later than expected. Temporary repairs were made to our furnace unit system in order to get us by for the time being until parts arrived. The replacement parts took more time than expected to arrive and were delayed several times. We were unable to submit our claim within the allotted six months because of multiple delays on parts and slow shipping times. I hope you understand why this claim took so long to turn in and will accept our late claim. Sincerely, RECEIVED Lauren Borges APR 1 1 2022 CITY CLERK CITY COUNCIL MARK CHANDLER, Mayor MIKEY HOTHI, Mayor Pro Tempore SHAK KHAN DOUG KUEHNE ALAN NAKANISHI March 16, 2022 Lauren Boraes Lodi, Ca 95242 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.aov cityc1er1kCdIcdi.00v STEPHEN SCHWABAUER City Manager PAMELA M. FARRIS Assistant City Clerk JANICE D. MAGDICH City Attorney IL E CA- � OPY SUBJECT: NOTICE OF LATE CLAIM — REJECTION OF CLAIM Claimant: Lauren Borges Date Claim Rec'd.: March 16, 2022 To Whom It May Concern: The above -referenced claim, which you presented to the City Clerk's Office on March 16, 2022, with respect to an incident occurring on August 12, 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 i$imediately. Sincerely, ,4��`7 •� Pamela M. Farris, MMC Assistant City Clerk cc: File PF/kc FILE CLAIM WITH: CLAIM FOR MONEY Reserved For Filing Stamp City Clerk — City of Lodi OR DAMAGES AGAINST THE Claim No. eqA ►-. C)5_ 221 West Pine Street CITY OF LODI, CALIFORNIA (209) 333-6702 OR MAIL To: PO Box 3006 Lodi, CA 95241-1910 E F. MAR 16 2022 ill Atwh estimates, receipts, photos, diagrams, or witness statements to support your claim. if addltlonai space Is needed attach sup Alemental sheets -- clearly Iden fy thesection(s) beinganswered, Government Code requires claims be presented by the claimant or the claimant's representative and include the following: :.... Section.l..... i .ant inform Ean.._ .. Name: L uIA q,o— Mailing Address: City/State/Zip Code: L.4- J c A 2q Z- Telephone: .. ... ... 'Section.2 Repre..sentative Information (Must.lie corkipl.led :if.cla'im..is#ilerf.;by claimant`s attorney -or. authorized representative:).;. ..... ..... ...:.. Name: CR Check box if same as above Mailing Address: City/State/Zip Code: Telephone: ( ) Section 3. Claim �A Sectio a m Infr�rmatian. ;: ;:. ...: <: , .. `:� .. �'°�,� Date of Occurrence: S /1 4-1-/2 Location: r7 Time of Occurrence: — �j�pm Z Circumstances giving rise to this claim and why you believe the City of Lodi is responsible: , injury, damage, or loss incurred so far as it riiay be the time of the prese k� 16bit Name of City department(s) or City employee(s) clausing the injury, damage, or loss, if 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 it may be known at the time of the presentation of the claim, to ther with the basis of computation of the amount claimed- asts r computation of claim: Amount Claimed: $ 2 5 q If amount claimed exceeds $10,009: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim Nrould;be a_limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, .interest,. and co4,9Qst$..d'o- es not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000 (CCP §86.) ' F—] Limited Civil Case Unlimited Civil Case Revised 9/2012 $.ection 4. Additional l:nformatfon.: Utwllbaed to provide the information requested on the previous page to comply with the California Government 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: 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.: Claimant Drivers License No.: Mailing Address: City/State/Zip; _, Telephone: ( ) Insurance Broker/Agent: Mailing Address: Citylstatelzip Telephone: ( ) S.ectio:n 5. Medicare Medicaid: and S-C:HIP Extension Act License Expires; Vehicle Make/ModelNear: License No.: Insurance Policy No.: 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 8. 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. Pursuant 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 an attachments area «blic record subject to disclosure under the California Public Records Act. LOX)T-,Vl Eapk.<) Claimant's Name (p ase print) Claimant's Si Revised 9/2012 ra 6 W �L Date Claim Submitted Please retain a copy of the completed form for your records Pmq YOUR H --AF AND A/C --Xa=SFS LIC# 1035549 SERVICE ORDER AND INVOICE (209) 271-2462 (209) 986-3556 469 Rotelli St. Manteca, CA 95337 gopmgroup@yahoo.com CUSTOMER NAME FIRST IN QUALITYAND SERVICE AUTHORIZED BY JOB AT HOME PHONE STREET DATE STREET HOMEPHONE CITY ZIP WORK PHONE CITY 11111 ZIP WORK PHONE DRIVING INSTRUCTIONS WITH CROSS STREET PROMISED CALL BEFORE ❑ A.M. ❑ P.M. MAKE ❑ REGULAR ❑ WARRA= ❑ SERVICE CONTRACT MAKE 1 THIS WORK IS TO BE ❑ C.O.D. ❑ CHARGE ❑ NO CHARGE QTY ITEM• - PART DESCRIPTION ( r.. r MODEL MODEL�J 77�L 5a do/6� �� d �� y SERIAL NUMBER SERIAL �UMjya ��-7 �, FILTER SIZE FILTER SIZE WORK TO BE PERFORMED ENVIRONMENTAL CHECK LIST CHECK LIST HEATING ❑ CHECK/ ADJ. THERMOSTAT CHECK /ADJ. SAFETY CONTROLS ❑ VACUUM BURNERS/CONTROLSRECOVERED? ❑ CLEAN /ADJ. PILOTASSEMBLY ❑ ADJ. BURNERS FOR EFFICIENCY ❑ CHECK FOR GAS LEAKS IN FURN. ❑ LUBRICATE ALL MOVING PARTS ❑ CHECK BELT/ADJ. TENSION ❑ CHECK FILTERS ❑ CHECK FLUE PIPE ❑ SHUT DOWN CENTRAL AC ❑ TURN EXPOSED DAMPERS TO HEATING POSITION, IF MARKED (NO BALANCING) ❑ ADJ. PRESSURE REGULATOR ❑ CHECK CRANKCASE HTR. OPER. ❑ CHECK TOTAL PERF. &OPERATING EFFICIENCY OF HEATING SYSTEM COOLING ❑ INSTALL GAUGES / CHECK OPERATING PRESSURES ❑ CHECK VOLT/AMPTOALL MOTORS WITH METERS ❑ CHECK AIR TEMP DROP ACROSS EVAPORATOR ❑ CHECK FOR ADEQUATE REFRIG. CHARGE / POSSIBLE LEAKS ❑ CHECK EVAPORATOR SUPERHEAT ❑ LUBRICATE ALL MOVING PARTS ❑ CHECK BELT/ADJUST TENSION L) CHECK FILTERS ❑ CHECK PRESSURE SWITCH CUT-OUT SETTINGS ❑ CHECK ELEC. LOCK OUT CIRCUITS ❑ CHECK START CONT CONTACTS ❑ CHECK ALL WIRES / CONNECTIONS ❑ CHECK/ADJ. THERMOSTAT ❑ CHECK AIR TEMP. ACROSS COND ❑ CHECK THAT CONDENSATE DRAIN IS OPEN/TURN EXPOSED DAMPERS TO COOLING POSITION. IF MARKED. NO BALANCING ( ) TYPE SYSTEM REFRIG QTY. 0E] QTY. – RECYCLED? ❑ ❑ QTY. YES NO RETURNED TO ❑ ❑ THIS SYSTEM? YES NO QTY. DISPOSAL - TOTAL PARTS DESCRIPTION OF WORK-❑ J — NONUSEABLE YES El E] QTY. DISPOSAL • PMENT J CHANGED OUT DISMANTLED? ❑ ❑ (OR REPLACED)? YES NO 1-11-1 REFRIGERANT DISPOSAL YEs NO –` RECOMMENDATIONS HRS. LABOR RATE AMOUNT _ TOTAL LABOR TECHNICIAN �, CERT. # SIGNATURE TOTAL OTHER CHARGES TERMS: ■ - • • • N me I HAVE THE AUTHORITY O SUBTOTAL - THE ABOVE WORK AND E. IT IS AGREED THAT THE DO SO ORDER AS OUTLINED ABOVE. SELLER WILL RETAIN TITLE TO ANY EQUIPMENT OR MATERIAL FURNISHED UNTIL FINAL AND COMPLETE TRIP PAYMENT IS MADE, AND IF SETTLEMENT IS NOT MADE AS AGREED, THE SELLER SHALL HAVE THE RIGHT TO REMOVE CHARGE SAME AND THE SELLER WILL BE HELD HARMLESS FOR ANY TAX DAMAGES RESULTING FROM THE REMOVAL THEREOF. • • OWNER'S INITIALS ACCEPTED DECLINED – PARTS WARRANTY All parts as recorded are warranted as per manufacturer specifications. LABOR GUARANTY The labor charge as recorded here relative to the equipment serviced as noted, is guaranteed for a period of 30 days. We do not, of course, guaranty other parts ' than those we Install. If repairs later become necessary due to other defective parts, they will be charged separately. �� AUTHORIZED SIGNATURE ■ ABOVE ORDERED WORK HAS BEEN COMPLETED AND I ACKNOWLEDGE RECEIPT OF MY COPY. /� �/ C3" DATE bill 1 A RWAY DMVE SUITE 110 GALT, CA 95632 Lodi Door #209-366-0377 F bbins Door #209-744-1159 Bill To Gees Borges Lodi, CA 95242 Date Invoice # 8/18/2021 0821078 P.O. No. Terms Project Quantity Description Rate Amount 2 #8550 Belt Drive Openers 500.00 1,000.00 1 #877 LM Keypad 60.00 60.00 We will not he responsible for loss, or damage caused by fire, theft, testing or any other causes beyond our control. At the time of our monthly billing date (which is the last day of the month unless otherwise specified) a FINANCE CHARGE OP I34% (which is an ANNUAL PERCENTAGE RATE OF 18%), with a minimum charge of .50 cents will be made on purchases over 30 days old after first deducting current payments. Purchaser liable for attorney fees and court fees. Total $1,060.00 T.-2093687164 SOLD TO: F:2093399042 ROBINSON REMODELING & ELECTRIC 744 W. PELTIER ROAD LODI, CA 95242 San Francisco, CA 94139-8835 SHIP TO: ROBINSON REMODELING & ELECTRIC 550 A N. SACRAMENTO .ST. LODI, CA 95240 ACCOUNT WNAME JOB NAME _ CUSTOMER ORDER NO. KL -73835 ROBINSON REMODELING & ELECTRIC IGEEZ SALESPERSON SHIPPING INFORMATION SHIP VIA SHIPDATE 2305 KS PICKUP WC 08/13/2021 PRODUCT CODE DESCRIPTION C p PRICE P DISC. EXTENSION C ORDERED SHIPPED R D 6 14 HALO SELECTABLE 90CRI 60OLM LD R C 10 22.56 E 225.60 1.0 RL56MS1 EWH 5 LEVIT 1P 3WY 120V DIMMER 5 34.94 174.70 20 DSL061 LZ TN CCS. GEnGCA c�wu.�cwnmwlrra�eoaaanc,Ea Te4aea'OaElsiraeaY a,a° "wvnYil. MERCHANDISE T "--- 400.30 CWOE�1 LLBExl WURN vow ETW�°iuraEMUW' s ORTW MOLMMT- MCAN� °gym. wusHwassooNasr�rveouramsswsrnucrEo SALES r14JC 8.25QB0 33.02 Att WS6 f MRA�CTIN SMI89i8E W�AEUM1E N�l.PPLY:d1N18. uYIILLT C-CIL+iCCLLEfl. NOTINSTOCK UNASLETD P[RiCHASElAC1lLLY- SHIPPING CHARGE 0.00 THIS ISSIl�IECT Ta7[1UR TFFfaS SgC�.TW RT SN831}1f�TEt�i[8.D4141MICH Y181eAY cHu,�sEaN� TAE mnueH�wrPRratNance CMH p1rBYT5.75OFFM TOTAL ff�[C�Sp(; S TOTAL DUE 433.32 IF PAID BY 7HE 107H 4F ilfE M M PURCHASE U .w .w O N r C9 W - h.�- cL .'-': - j N m O ea N N m Q C x C Q O S °° V O Lu a 2 y C) � F Q U � � r4 W � ati Lnuj Nm W F F X0.1 N cq 5 � f g„ cjj] LA f i.4 ui .s � � LU G � � IOC W 'a itf . gggqg p o W Q a\1 f ta �ryy h a H1�j FhF. �.'" F V1 �• r [F = pq J y� o w Lu O Z W LL $ y z G w z a f q m o SN EREEFE lFi .Ln S ES R a o g Rilltn w m g z M Z j .4 O a Q 3 - , A Ln1 ZH Q d Wpl fff555 i�psf g I U Ul N W .� y4�M-0 NF w w 9 �P s G4r��"s9a<� �9� 4f o0 3 ppH. , 9 ?� J• 6y rlb. J . Iy d J - ryr. Ufs9. 24H Jai. °U• J16 (Hio yxy b� ' 1/� paB �� 3�cO G9�J1 ��° r(�f�°HlsF of