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HomeMy WebLinkAboutAGENDA REPORT 2004 0317 CC REG ITEM 10ETO: FROM: DATE: SUBJECT: BACKGROUND MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM 10 • E7- ..._ Deborah S. Traffenstedt, ATCM /City Clerk ✓� Blanca Garza, Deputy City Clerk E3( March 9, 2004 (CC Meeting of 3/17/2004) Consider Rejection of Claim: Marco Cortes On February 25, 2004, the City received the above referenced claim for damages. The claim was forwarded to the City's claims adjuster for review. DISCUSSION The claim is for comparative and equitable indemnity related to a two -car automobile accident that occurred on May 20, 2003, on SR- 118, approximately .1 mile east of Spring Road that resulted in Mr. Cortes being served on February 4, 2004, with a complaint from the other party involved in the accident. The Police Report narrative identifies the location of the accident as the driveway for the Moorpark Pines Apartments. The Police Report includes the following for the claimant's statement at the scene, "He was turning into the Moorpark Pines Apartments off of SR -118, the traffic in the number one and two lanes were stopped and they waved him to turn. As he turned, the car ran into the right side of his vehicle. He never saw the other car until they hit." The Police Report notes that Mr. Cortes caused this collision by violating C.V.C. section 21801(a). New Los Angeles Avenue is designated as a State Highway (State Routes 118 and 23), and is under the jurisdiction of Caltrans. The City of Moorpark does not maintain the landscaping at the location of the accident. The City's claim adjuster has recommended that a standard rejection letter be sent to the claimant. STAFF RECOMMENDATION Reject the claim and direct staff to send a standard rejection letter to the claimant. 000088