HomeMy WebLinkAbout06/06/1990, C-4 - LATE CLAIM APPLICATION OF THE ESTATE OF A.J. DEVAUL. MEETING DATE:
city of san lues oBispo 6/45/90
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COUNCIL AGENDA REPORT "'NUMBER: _�y i;S
From: Jeffrey G. Jorgensen Prepared By: Cindy B. Clemens
City Attorney Assistant City Attorney
Subject: Late Claim Application of the Estate of A.J. DeVaul.
CAO Recommendation:
Adopt the attached resolution granting the Late Claim
Application of the Estate of A.J. DeVaul.
Discussion:
The Estate of A.J. DeVaul has submitted an application
to file a late claim for damages under the Government
Tort Claims Act. The claim stems from the death of five
cows owned by A.J. DeVaul. According to the claim, the
cows died on June 2, 1989, from eating oleander leaves
allegedly thrown onto the DeVaul property by CMC inmates
during the City's creek cleaning program. This claim for
damages should have been filed within six months of the
death of the cows, i.e. by December 2, 1989. However,
the late claim application states that A.J. DeVaul died
of heart problems on November 2, 1989 and that his wife,
Evelyn DeVaul, suffers from Alzheimers disease.
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 shall grant the
application including when the person who sustained the
alleged damage dies before the expiration of the six-
month period for claim filing or is physically/mentally
incapacitated during that time. Since A.J. DeVaul died
before the expiration of the six-month period and his
wife was incapacitated during that time due to
Alzheimers disease, this case squarely falls within the
list of situations in which the City Council shall 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
Wendy George, the City's Risk Management Analyst, concur
with this recommendation.
Attachments:
Proposed Resolution
i
RESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO GRANTING
THE LATE CLAIM APPLICATION
OF THE ESTATE OF A.J. DEVAUL
WHEREAS, the alleged damage to A.J. DeVaul specified in
the late claim is alleged to have occurred on June 2, 1989; and
WHEREAS, A.J. DeVaul died on November 2, 1989 and Evelyn
DeVaul is chronically afflicted with Alzheimer's Disease; and
WHEREAS,the Estate of A.J. DeVaul 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 the
Estate of A.J. DeVaul be granted.
On motion of
seconded by
roll call vote: and on the following
Ayes:
Noes:
Absent:
the foregoing Resolution was passed and adopted this day
of 1990.
MAYOR RON DUNIN
ATTEST:
City C1erk. Pam Voges
APPROVED:
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Director of Finance
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Personnel Director