3 Denial of Claim for Damages from Kevin Bertalotto.

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Meeting Date: JULY 18, 2017

STAFF REPORT

AGENDA ITEM: Denial of Claim for Damages from Kevin Bertalotto

MEETING DATE: July 18, 2017

PREPARED BY: Danna Rasmussen, Sr. Administrative Analyst/Confidential

REVIEWED BY: Jose A. Ramirez, City Manager

RECOMMENDATION:

Staff recommends that the City Council (1) deny the claim for damages from Kevin Bertalotto; (2) submit the claim to AIMS, the City’s insurance adjustors for review and processing; and (3) direct the City Attorney to send a letter to the claimant advising of the City’s denial of the claim.

BACKGROUND:

On May 30, 2017, the City received a claim from Kevin Bertalotto alleging damages sustained to his step­ mother, Joan Silva’s home located at 861 5th Street, Livingston involving the City of Livingston’s public works staff.

DISCUSSION:

Mr. Bertalotto alleges that damage was done to his step mother’s home on October 28, 2016 due to increasing water levels at the intersection of 5th and F Streets. The water had entered the cellar, and there was a washed out section under the foundation. At first glance, we thought that the claim might have been filed late. However, the claimed amount for repairs to the building and attached equipment would be considered real property. The statute for real property claims would be one year versus six months. Therefore, the claim was filed timely and sufficiently.

FISCAL IMPACT:

After review of the claim by AIMS, the fiscal impact to the City, if any, would be minimal.

ATTACHMENTS:

Claim from Kevin Bertalotto.