HomeMy WebLinkAboutAGENDA REPORT 2005 0202 CC REG ITEM 10HTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM 10-0.
CITY OF MOORPARK. CALIFORNIA
City Council Meeting
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ACTION: ` d ,die,/a
Deborah S. Traffenstedt, ATOM /City Clerk '--D5q—
Prepared by: Blanca Garza, Deputy City Clerklya
January 25, 2005 (CC Meeting of 2/02/2005)
SUBJECT: Consider Rejection of Claims: Deborah Freeborn; Voss
Enterprises dba McDonald's Restaurant; Debbie Voss,
Interested Party - President; Fifth Avenue Cleaners dba
Linda Jean Fisher; Chol Ho Kye dba Towne Cleaners; Steven
Minor dba Sabre Mortgage; 3H Network, Inc. dba Subway;
Michelle Kay, interested party - Director of Administration;
Dave DiTomaso, Interested Party - President; Transition
Board Shop, Inc.; Mike Dillehay, Interested Party -
President; Brody Trejos, Interested Party - Vice President
and Treasurer; Robert Lerma, Michael Lopez and Alfredo
Guiterrez dba 805 Automotive & Customs; Mike Grewal and
James Wu dba Postnet; J. Bellanca Interiors, Inc. dba
Traditions; Joanne Sheftel, Interested Party; Barbara
Simmons dba Moorpark Family Billiards; Jackie Jankowski,
Interested Party; Robert Cedano dba Roberto's Fresh Mexican
Grill; Young Chozl Kwon dba Take Sushi; Engen Enterprises,
Inc. dba Taco Bell; David A. Engen, Interested Party;
Randall Smith and Frank Cangelosi dba Moorpark Cleaners;
Moldavon, Inc. dba Pet Life; Gary Moldavon, Interested
Party; Tony Habroun and Joann Habroun, Individually and dba
Moorpark Liquor and Jr. Market; Digital Plus One Hour Photo,
Inc.; Antoine Nazarian, Interested Party - President; Jung
Kyo Park dba BJ's Cafe; Taure Banks; Susan Banks; Sandra
Hansen; and Iron Horse Saddlery, LLC; Todd Guillette dba
Todd's Japanese Connection; Waseli Corp. dba Two Guys from
Italy; Waltrant Auer, Interested Party; Dave Pardo,
Individually; Tracy Pardo, Individually; Dave Pardo and
Tracy Pardo dba Anderson's Jewelers; G & S Auto Services,
Corp., dba Moorpark Auto Spa & Lube Express; Mohammad
Sheshebor, Interested Party - Vice President; Eddie
Gharbaghi, Interested Party - President; Golden Choice, Inc.
dba Grinder Restaurant; Ray Yassini, Interested Party -
President; Mark Fiore, Interested Party - Manager; and
Escadrille Holdings, LLC dba Jiffy Lube #2888; Andrew D.
Hall, Interested Party; ATCO Enterprises, Inc. dba Tobacco
Zone; Sam Zayyad, Interested Party; and Gayle Adler
Honorable City Council
February 2, 2005, Regular Meeting
Page 2
BACKGROUND
The City received the above referenced Governmental Tort Claims on
December 27 and 28, 2004, and January 7, 2005. The claims were
forwarded to the City's claims adjuster for review.
DISCUSSION
The stated reason for the claims is for property damages, as listed in
the claims, from construction activities by the Calleguas Municipal
Water District and its contractors who have participated in the Las
Posas Feeder project, and all claims also state "...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. The City of
Moorpark has no responsibility for the Calleguas Las Posas Feeder
project.
STAFF RECOMMENDATION
Reject the claims and direct staff to send a standard rejection letter
to the claimants.
Otis; C -1