HomeMy WebLinkAboutAGENDA REPORT 2005 0302 CC REG ITEM 10HTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of
ACTION:_ 01
10
Deborah S. Traffenstedt, ATCM /City Clerk
Prepared by: Blanca Garza, Deputy City PJ61
February 22, 2005 (CC Meeting of 3/02/2005)
SUBJECT: Consider Rejection of Amended Governmental Tort Claim:
Harvey and Linda Plaks, Individually, and as Trustees of the
Harvey and Linda Plaks' Trust
BACKGROUND
The City received the above referenced Amended Governmental Tort Claim
on February 7, 2005. The Amended Claim was forwarded to the City's
claims adjuster for review. The original Claim was received on July
29, 2004, and the City Council approved rejection on September 1,
2004. The Claim Rejection letter was mailed to the claimants' attorney
on September 3, 2004.
DISCUSSION
The stated reason for the claim is for property damages, as listed in
the claim, from construction activities by the Calleguas Municipal
Water District and its contractors who have participated in the Las
Posas Feeder project, and the claim states "...request and /or reserve
the right to request compensation for the following: a) emotional
distress damages; b) pain and suffering; c) medical and health care
related expenses, past, present, and future; d) reasonable cost of
rehabilitation, if any; e) attorney fees necessitated by the wrongful
conduct of the entities and individuals against whom claim is made; f)
cost of suit, including, but not limited to reasonable costs for
consultants (e.g., engineers, accountants, contractors, appraisers,
etc.); and /or, g) all other damages proximately caused by the acts
and /or omissions of the entities and individuals against whom this
claim is made." The City's claim adjuster has recommended that a
standard rejection letter be sent to the claimants for the Amended
Claim. The City of Moorpark has no responsibility for the Calleguas
Las Posas Feeder project.
STAFF RECOMMENDATION
Reject the Amended Claim and direct staff to send a standard rejection
letter to the claimants.
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