HomeMy WebLinkAboutAGENDA REPORT 2025 0521 CC REG ITEM 10CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of May 21, 2025
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
C. Consider Rejection of Claim from Travis Schimmer. Staff Recommendation: Reject
the Claim and direct staff to send a standard rejection letter to the Claimant and
his attorneys. (Staff: Carolina Tijerino, Human Resources Manager)
Item: 10.C.
Item: 10.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Carolina Tijerino, Human Resources Manager
DATE: 05/21/2025 Regular Meeting
SUBJECT: Consider Rejection of Claim from Travis Schimmer
BACKGROUND
The City received the above referenced Claim on April 17, 2025. The Claim referred to
a letter to the City dated April 8, 2025. A copy of the Claim is attached to this Report.
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 Claimant is Travis Schimmer. The stated reason for the Claim is that Travis
Schimmer is seeking a refund on behalf of himself and a class of solid waste collection
customers of G.I. Industries and USA Waste of California, Inc. (collectively referred to as
“Waste Haulers”). The Claim challenges certain fees imposed by the City on the Waste
Haulers, asserting that these fees are illegal taxes, and that because the fees are
assertedly passed on to solid waste customers, Mr. Shimmer has had to pay a portion of
those fees in his solid waste collection charges. Carl Warren has rejected the Claim. 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.
The Claim is without merit because the City’s fees imposed on the Waste Haulers are
fully justified, lawful and not illegal taxes.
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.
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Honorable City Council
05/21/2025 Regular Meeting
Page 2
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 and
his attorneys.
Attachment: Claim from Travis Schimmer received April 17, 2025
2733
CITY OF MOORPARK
799 Moorpark Ave nu e, Moorpark, California 93021
(805) 517 -6200
FILE WITH : FORM #1 (PAGE 1)
CITY OF MOORPARK RESERVED FOR FILING STAMP
CITY CLERK'S OFFICE CLAIM FOR DAMAGES CLAIM NO .
799 MOORPARK AVE. TO PERSON OR PROPERTY
MOORPARK, CA 93021
INSTRUCTIONS
1. Claims relating to a cau se of action for death, injury to person or to personal property or growing crops must RECEIVED be filed not later than six months after the accrual of the cause of action. A claim related to any othe r cau se
of acti on must be fil ed not later than one year after the accrual of the cause of action . (Gov . Code Sec . 911 .2)
APR 1 7 20 t, 2. Delive r or mail claims to the City Clerk. (Go v. Cod e Sec . 915)
3. Subject to certain exceptions, any suit brought fo r a cause of action for which a claim is required must be
commenced not later than six months after the date of written (rejection) notice is personally delivered or CITY CLERK'S DIVI SION
dep o sited in th e mail. If written (rejection) notice is not gi ven , a suit may be brought for a cause of action for CITY OF MOORPARK
which a claim is required within two years from the ac crual of the ca use of action. (Gov . Cod e Sec. 945 .6)
4 . Claims must be signed. (Gov . Cod e Sec . 910 .2)
5. If form space is inefficient, attach additional sheets . Sig n attached sheets .
TO: City of Moorpark Date of Birth of Claimant :
Name of Claimant : Occupation of Claimant:
Travis Schimmer , for himself and for a class of solid waste collection customers Pharmacist
Home Addre ss of Claimant : City and State: Home Telephon e Number :
Moorpark , CA 93021
Bu sine ss Address of Claimant : City an d St at e: Business Telephone Number:
Give address and telephone number to which you de sire notices or communications to be sent regarding this claim: Claimant's Email Address:
8880 Rio San Diego Drive, 8th Floor San Diego , CA 92108 619 369-5252
Names of any City employee involved in DAMAGE or INJURY:
When did DAMAGE or INJURY occur? Bega n A pril 8, 2024 and i s co ntinuing See April 10 , 2025 Letter Dat e Time
If cl ai m is for Equit abl e Indemnity, giv e date claimant serve d with the complaint:
Date
Wh ere did DA M AGE or INJUR Y occu r? Describe fully and use dia gram on page 2. Where appropriate, gi ve street names and address an d measurements from la ndmarks:
See April 8, 2025 Letter
Describ e in detail how the DAMAGE or INJUR Y occurred:
See April 8, 2025 Letter
Why do you claim t he City is re spon sible?
See April 8 , 2025 Letter
Describe in detai l eac h DAMAGE o r INJURY:
See April 8 , 2025 Letter
SEE PAGE 2 THIS CLAIM MUST BE SIGNED ON PAGE 2
ATTACHMENT
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R ECEIVED
P,P R 1 3 2025
HU M/\N r~E SOURCES /
fl.!SK MANAGEMENT DIVIS IO N
C ITY OF MOORPARK
2735
FORM #1 (PAGE 2)
The amount claimed , as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact): Estimated prospective damages as far as known:
Damage to property $ _____ _
Expenses for medical and hospital care $ ___ _ Future expenses for medical and hospital care
Lo ss of earnings $ ____ _ Future lo ss of earnings
Special damages $ ____ _ Other prospective specia l damages
General damages $ ____ _ Prospective gene ral damages
Total damages incurred to date $ ___ _ Total estimated prospective damages
Total amount claimed as of date of presentation of this claim: $ Greater than S10,000
If so, provide police report no.: Was damage and/or injury investigated by police?
Were paramedics or an ambulance called? If so , name of amb ulance:
$ ____ _
$ __ _
$ ___ _
$ __ _
$ ____ _
If injured, state date, time, name and addre ss of doctor and /or ho spital of your first visit: _____________________________ _
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information :
Name: See April 8 , 2025 Letter Address: Phone:
Name: Address: Phone:
Name: Address : Phone:
DOCTORS and HOSPITALS:
Hospital: Address: Date of Ho spita liz ation:
Doctor: Address: Date of Treatment :
Doctor: Address : Date of Treatment:
READ CAREFULLY
For all accident claims place on following dia gram names of streets, including North,
East, South, and West; indicate place of accident by "X" and by showing house
numbers or distances to street corners.
If City Vehicle was involved, designate by letter "A" location of City Vehicle when you
first saw it, and by "B" location of yourself or your ve hicl e when you first saw
_____ / I
CURB __.,,.,
City Vehicle; location of City Vehicle at time of accident by "A-1" and location of
yourself or your vehicle at the time of the accident by "B-1" and the point of impact
by "X."
NOTE: If diagrams below do not fit the situ ation, attach hereto a proper diagram
signed by claimant .
SIDEWALK
CURB7
PARKWAY
Signature of Claimant or person filing on Claimant's behalf,
if signin g on Claimant's behalf, state relationship to Clai
Attorney for Claimant
SIDEWALK
Typed or Printed Name:
Eric Benink, Esq.
tation of a false claim is a felony (Pen . Code Sec. 72).
I
Date :
4-16-25
February 2018 2736
BENINK& G SLAVENS, LLP
8880 Rio San Diego Drive , 8Lh Floor
San Diego , CA 92108
Tel: 619.369 .5252 Fax: 619.369.5253
www .beninkslavens.com
Via UPS Overnight Mail
City Clerk
City of Moorpark
323 Science Drive
Moorpark , CA 93021
RE: Claim for Damages
Dear City Clerk :
April 8, 2025
Eric J . Benink, Esq .
eric@beninks la vens. com
Vincent D . Slavens, Esq.
vince@beninksla vens. com
Please be advised that this firm represents Travis Schirnmer, a resident of the City of
Moorpark. Mr. Schimmer hereby submits a claim for refund , on behalf of himse lf and a class of
solid waste collection customers of G .I. Industries and USA Waste of California, Inc. (together
as "Waste Haulers ") who have paid or will pay the illegal fee components described below. The
period of time for which refunds are sought is one year prior to the date of this claim and
continuing until the City remedies the violations of law described herein.
The legal basis for the claim is the City's Waste Haulers have paid and /or will pay to the
City, a quarterly franchise fee (6% -12% of gross receipts), "administration fees " ($100 ,000
from USA Waste and $250 ,000 from G.I . Industries), and a $183 ,300 "annual impact fee " in
connection with waste hauling services the Waste Hau lers provide. Mr. Schimmer contends that
these fee components are embedded in the rates that customers pay to the Waste Haulers and
constitute illegal taxes ( unapproved by voters) as "tax " is defined in section 1, subdivision ( e) of
articl e XIII C of th e California Constitution. To the extent the City contends that any portion of
these fee components fund street repairs and /or address street or pavement impacts caused by
trash trucks , those portions violate Vehicle Code section 9400.8.
Ill
Ill
Mr. Schimmer's address is:
Moorpark , CA 9302 I
2737
April 16 , 2025
Page 2
Mr. Schimmer requests that all notices be sent to:
Eric J. Benink , Esq.
Benink & Slavens , LLP.
8880 Rio San Diego Dr., 8th Floor
San Diego , CA 92108
(619) 369-5252
eric@ beninkslavens.com
The date , place , and circumstances giving rise to the claims are the events leading up to
and including the City Council 's consideration and adoption of Resolution No. 2018-3704;
Resolution No. 2018-3705 ; Resolution No. 2020-3793; and Resolution No. 2024-4283. The
indebtedness , obligation , injury , damage, or loss incurred is the amount of the unconstitutional
and/or illegal components embedded in solid waste collection rates and fees charged by the
Waste Haulers and collected from ratepayers. That amount exceeds $10,000 and thus , this claim
would not be a limited action. To the extent we are required to identify Mr. Schinm1er 's
respective share of damages (i.e., amount sought to be refunded) to date , that amount would be
calculated as his pro-rata share of the fees paid by the Waste Haulers to the City (franchise fees ,
administration fees , impact fees) during the past year. Those damages are continuing.
The names of the public employees causing these injuries are City staff members who
prepared the repo11s related to the above-referenced resolutions.
We were unable to locate a claim form on the City 's website. If such a form exists and
you require that it be completed , please advise. Please also advise if you believe the form or
content of this claim is deficient in any respect. Thank you.
Sincerely ,
[l CL _y y
Eric J. Benink
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