HomeMy WebLinkAboutAGENDA REPORT 2024 0117 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 17, 2024
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
C. Consider Rejection of Claim from Victor Bonilla. Staff Recommendation: Reject the
claim and direct staff to send a standard rejection letter to the claimant. (Staff: Ky
Spangler, City Clerk)
Item: 10.C.
Item: 10.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Ky Spangler, City Clerk
DATE: 01/17/2024 Regular Meeting
SUBJECT: Consider Rejection of Claim from Victor Bonilla
BACKGROUND
The City received the above referenced claim on December 14, 2023. A copy of the claim
is provided to the City Council under separate cover. The claim was forwarded to the
City’s Claims Adjuster, Carl Warren & Company (Carl Warren), for review. Pursuant to
Moorpark Municipal Code Section 3.14.060, the City Council has sole authority to allow,
compromise, or settle claims for an amount in excess of $50,000.
DISCUSSION
The stated reason for the claim is bodily injury due to an Amtrak train derailment on
June 28, 2023. While the incident took place within the city limits of Moorpark, it occurred
on property that is not owned, controlled, or maintained by the City. Based on the facts
and circumstances surrounding the claim, Carl Warren has recommended that a standard
rejection letter be sent to the claimant. The claim submitted for this incident is in excess
of the City Manager’s $50,000 authority provided under the Moorpark Municipal Code,
and therefore City Council action is required to formally reject the claim.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
There is no fiscal impact associated with rejecting this claim.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Reject the claim and direct staff to send a standard rejection letter to the claimant.
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