PREPARED BY: SARAH MAROOF DATE OF MEETING: 02/04/19
SUBJECT:
TITLE
LIABILITY CLAIMS OF DAWNYA WALKER (DOL 10/15/18) AND ASCENT BUILDERS
Label
CITY MANAGER RECOMMENDATION
Recommendation
Deny claim of Dawnya Walker; and
Deny claim of Ascent Builders as untimely as to any cause of action with a 6-month claim presentation requirement and deny on the merits as to any other cause of action
Body
Compliance statements
This action is not applicable under the FY 2018-2021 Council Priority Work Plan effective November 1, 2017, but is related to Policy Item Fiscal Sustainability: Budget Spending Controls.
CEQA Compliance Statement
This is not a project as defined by CEQA.
BACKGROUND
Under the Government Claims Act, California Government Code Section 810 et seq, there is a process for submitting a claim when a public agency is allowed to be liable. As set forth in Section 815(a): “Except as other provided by Statute: [a] A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.”
FISCAL IMPACT
Claims are generally addressed through the City’s joint risk pool as a General Fund obligation.