I. RECOMMENDATION:
It is recommended that the City Council reject the claim for damages presented by Bonnie Wikler.
II. BACKGROUND:
Mrs. Wikler filed a claim with the City of Coalinga (see attached) on March 17, 2022 for damage to personal property. The claim was sent to George Hills Company for review. After review and investigation of the claim it was determined the City Sewer Main did not cause the backup in her home.
III. DISCUSSION:
Staff is recommending a rejection of the claim since the city maintenance worker who initially responded to the call for service verified that the city main line was flowing fluently inside both the upstream and downstream manholes in between which claimant’s property lies. The Maintenance Worker decided to jet the line as a courtesy to the property owner to show that the line was clear and no solid waste was pulled from the manhole during the jetting process. Additionally, there were no other residents affected, which would also indicate that the blockage was in the private property owner’s lateral. Lastly, the upstream manhole sits lower than Ms. Wikler’s lateral; therefore, if the blockage was in the City’s main line, sewage would have first backed up from that manhole, which it did not. The plumber Ms. Wikler hired was on site the next morning.
This claim is inclusive of a subrogation demand from National General in the amount of $5,000.
IV. ALTERNATIVES:
Accept claim as presented by Bonnie Wikler (staff does not recommend).
V. FISCAL IMPACT:
The fiscal impact will be determined by Council’s decision.
Estimates provided as of 03/17/2022 are $56,142.31, inclusive of $5,000 from National General for their limited coverage paid towards this claim. |