City of Chino
CA

Staff Report

Reject liability claim filed by Joan Albertus on April 22, 2019 for property damage that occurred on February 20, 2019.

Information

Department:Human Resources DepartmentSponsors:
Category:Report

Attachments

  1. Printout
  2. Redacted Claim_Bernadette Rhoades

Budget String

Revenue: Expenditure: Transfer In: Transfer Out:

Body

BACKGROUND

On February 25, 2019, the City received a claim for damages from Bernadette Rhoades, alleging a City tree was causing damage to the sewer lateral at her property. Upon notice of the damage, City staff responded, investigated the damage and attempted to coordinate efforts to verify roots in the lateral. The private plumbing company was unresponsive and staff was unable to determine the cause. The claim was rejected by City Council on April 16, 2019 and proper notification was sent to claimant.   

Thereafter, on April 22, 2019, the City of Chino received a claim for damages from Joan Albertus alleging sewer lateral damage to the home of her mother, Bernadette Rhoades. The damage was a result of a damaged pipe allegedly caused by a City tree on Mrs. Rhoades property. She claims the tree also damaged the sidewalk. The demand is for $24,722.00.

 

ISSUES/ANALYSIS

On May 7, 2019, the City of Chino mailed a notice of insufficiency and return without action because it was unclear if the claim was an offer of pre-litigation settlement to the claim previously submitted by Mrs. Rhoades, or a separate claim. To date, the City has not received an update.

Therefore, Staff recommends that this claim be rejected and proper notification be sent to claimant.  Chino Municipal Code Section 3.70.070 provides that the City Council shall act on a claim in the manner provided in Government Code Section 912.4 and 912.6 within forty-five days after the claim has been presented.  If the City Council fails to act on any claim filed under this chapter, the claim will be deemed denied on the forty-fifth day after the claim was presented.

 

Attachment: Albertus Claim  

 

Meeting History

Jun 4, 2019 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:APPROVED [UNANIMOUS]
MOVER:Tom Haughey, Mayor Pro Tem
SECONDER:Paul Rodriguez, Council Member
AYES:Marc Lucio, Eunice M. Ulloa, Paul Rodriguez, Tom Haughey, Mark Hargrove