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11-17-2020 - AGENDA ITEM 02 CONSIDERATION OF GOVERNMENT TORT CLAIMSAGENDA ITEM NO.2 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: November 17, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF GOVERNMENT TORT CLAIMS RECOMMENDATION: It is recommended that the City Council deny the following Government Tort Claim and direct that the claimants be notified: 1. Eddie Ortiz vs. City of West Covina BACKGROUND: The Government Claims Act, commonly referred to as the Tort Claims Act, governs the filing of claims against a government entity. The Tort Claims Act is found in Division 3.6 of Title 1 of the California Government Code (Govt. Code § 810 et seq.). Generally, most actions seeking money or damages against a public entity must be preceded by a proper administrative claim. Claims for wrongful death, personal injury, or damage to personal property must be presented within six (6) months of the accrual of the cause of action. Other claims must be presented within one (1) year of the accrual of the cause of action. DISCUSSION: As all claims should be considered potential lawsuits, it is requested that all Councilmembers refrain from making specific public comments so as not to prejudice any claim. Specific questions should be referred to the City Attorney. Prepared by: Helen Tran, Director of Human Resources/Risk Management Department CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability