HomeMy WebLinkAbout05/21/1991, C-5 - LATE CLAIM APPLICATION OF MATT KOKKONEN 1����II�NIIWIIIII �IAIIIPIII City of Sal 1 UIS OB�SPO MEET1NG DATE:
5/21/91
Rollin COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Ann McPike PREPARED BY: Wendy George
Personnel Director Personnel Analyst
SUBJECT: Late Claim Application of Matt Kokkonen
CAO RECOMMENDATION:
Adopt the attached resolution granting the Late Claim Application of Matt
Kokkonen.
DISCUSSION:
Mr. Matt Kokkonen has submitted an application to file a late claim for
damages under the Government Tort Claims Act. The claim stems from
a significant increase in water bills which Mr. Kokkonen believes was
caused by a faulty water meter. This claim for damages should have been
filed within six months of the increase being noticed which would have
been, at the latest, by March 20, 1991, six months after he filed an appeal
with the Water Conservation staff. However, because Mr. Kokkonen's
complaint was going through this administrative appeal process, his late
claim application states, he did not file a timely claim.
According to the Government Tort Claims Act, an application for filing a
late claim requires approval or denial by the City Council. The Act lists
several situations in which the City Council may grant the application, one
of which is if the failure to present the claim was through mistake,
inadvertence, surprise or excusable neglect and the public entity is not
prejudiced in its defense by the failure to present the claim earlier. Since
Mr. Kokkonen was proceeding through a City instituted administrative
appeal process under the Water Conservation Program, this situation
appears to fall into the category of excusable neglect, for which the City
Council may grant the late claim application.
By granting the late claim application, the City Council is not in any way
commenting on the merit of the claim itself. Approval of the late claim
application merely allows the claim for damages to be filed by the City and
processed according to the established claims procedure.
CONCURRENCES:
Carl Warren Co., the City's Insurance Adjusters and the City Attorney
concur with this recommendation.
ATTACHMENTS:
Proposed Resolution
s
RESOLUTION NO. (1991 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING THE LATE CLAIM APPLICATION
OF MATT KOKKONEN
WHEREAS, the alleged damage to Matt Kokkonen specified in the late
claim is alleged to have been evident by September 20, 1990; and
WHEREAS, Matt Kokkonen was participating in the City's administrative
appeal process of the Water Conservation Program following that date; and
WHEREAS, Matt Kokkonen has timely filed an application to file a late
claim for damages with the.City of San Luis Obispo
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo that the late claim application filed by Matt Kokkonen be granted.
On motion of
seconded by and on the following roll
call vote:
Ayes:
Noes:
Absent:
Resolution No. (1991 Series)
Page 2
the foregoing Resolution was passed and adopted this day of ,
1991.
Resolution No. (1991 Series)
Mayor Ron Dunin
ATTEST:
Pam Voges, City Clerk
i Admi istrative Officer
9 or ey
CS - �