REQUEST TO DENY APPLICATION TO PRESENT A LATE CLAIM

Recommended Action:

It is recommended that the City Council deny the application to file a late claim filed by Phillips Petroleum, et. al.

Background:

On August 2, 1999, the City received a claim from the attorney representing Phillips Petroleum Company, Union Oil of California, and Unocal Corporation alleging that the City, through a contract with a private waste hauler, deposited hazardous waste at a landfill know as the Cal Compact Site from 1959 through 1965. The City returned the claim as it was not filed within the time required by law.

Analysis:

While the claimant contends that they indeed have complied with the provisions for filing a timely claim, they have now served the City with an Application for Leave to Present a Late Claim. The City Attorney’s Office has recommended that the City deny the application based on 1) the application is not timely since it is more than one year after the accrual of the cause of action; and 2) the late claim procedure arguably does not apply to claims subject the one year statute of limitations applicable to the property damage claims at issue in this matter. Once the City Council denies the claimant’s Application, they will have to petition the appropriate court for relief. This petition must be filed within six months of the City’s denial of the application.

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