HomeMy WebLinkAboutAGENDA REPORT 2014 1217 CCSA REG ITEM 10L ITEM 101.
:wry OF MOORPARK,CALIFO ;}
City Councii Meeting
MOORPARK CITY COUNCIL 'f /Am-17-64014.
AGENDA REPORT ACTION:
TO: Honorable City Council
FROM: Teri Davis, Senior Management Analyst
DATE: December 10, 2014 (CC Meeting of 12/17/14)
SUBJECT: Consider Release of All Claims with Nearon Enterprises, LLC
(formerly Carlsberg Ranch Owners Association) for Reimbursement
of Erroneously Charged Water Bills
BACKGROUND
Two water meters were installed in the Carlsberg Specific Plan between 1999 and 2000
by Simi-Conejo Construction, Inc. (Simi-Conejo) to supply irrigation water to City
Assessment District (Zone 12) areas. In May 2000, the City made an arrangement with
Simi-Conejo, for the property owner association to pay the median and slope
maintenance cost provided by the City, and in exchange, the City would pay for the
utility costs of certain parkways on the east side of Science Drive. In June 2012, the
City received a letter (Attachment 1) from Heather White with Carlsberg Ranch Owners
Association (Carlsberg) stating that Carlsberg had paid water bills erroneously, between
2006 and 2012, on two water meters (numbers 61135942 and 65869402), servicing the
parkways on the east side of Science Drive. The letter requested a reimbursement in
the amount of $16,896.89. When the billing error was realized, the water bills were
changed to designate the City as the customer and Carlsberg is not seeking
reimbursement for any water bills after June 2012. Carlsberg did not file a claim.
DISCUSSION
Before the referenced water meters were installed, the City agreed to pay the water bills
for these two meters, but the water bills erroneously identified Carlsberg as the
customer and Carlsberg paid the water bills for approximately six years. While staff
agreed that portions of the water bills should have been paid by the City, staff calculated
the amount due to Carlsberg to be $6,860.64 rather than $16,896.89 requested.
Staff replied to Carlsberg's letter on September 19, 2012, supporting and discussing a
reimbursement in the amount of $6,860.64. Nearly two years later, in July 2014, staff
received an email from Ms. White (Attachment 2) informing the City that Carlsberg is
now Nearon Enterprises, LLC (Nearon) and providing an affirmative response from
Nearon, not Carlsberg, accepting $6,860.64 as a reimbursement. The attached
193
Honorable City Council
City Council Meeting of 12/17/14
Page 2
Release of All Claims (Attachment 3) states that Nearon will accept the $6,860.64 and
forever release the City from future claims.
FISCAL IMPACT
The cost to the City is $6,860.64.
STAFF RECOMMENDATION
Authorize the City Manager to sign the Release and direct staff to process a
reimbursement to Nearon.
Attachments:
1. Letter from Carlsberg to City
2. Email from Nearon to City
3. Draft Release of All Claims
194
CARLSBERG RANCH OWNERS ASSOCIATION
June2 1,2012
Deborah S . Traffenstedt
Deputy City Manager
City of Moorpark
799 Moorpark A venue
Moorpark, California 93021
Re: Water Services
Dear Deborah:
We represent the Carlsberg Ranch Owners Association ("the Association"). The Association has
been paying for two water meters, A and B, and we have c on finned the location of the two
meters which service land areas owned by the City of Mo orpark . The locations and land areas
the meters service are inc lud ed in the attached map and identified as Meter A and M eter B . The
Association has been inadvertently paying for these two meters for almost six years. There are
photos of the locations of the meters as well.
The meters service the areas described below:
Meter "A" -Located at the south east corner of Miller Parkway and Patriot Drive.
Our landscaper indicated that the water came on in the street medians along Miller Parkway, just
north and south of Patriot Drive .
Meter "B" -Located at the south east corner of Miller Parkway and Stagecoach
Our landscaper indicated that the water came on along the slope near Stagecoach and further up
Miller Parkway towards the park.
Since these two meters do not service the Association's property we are requesting
reimbursement in the amount of$16,896 .89. We have inc luded documentation for your review
including meter locations, maps , summary of invoices, copies of invoices and checks . Please
remit payment, payable to "Carlsberg Ranch Owners Associati o n" 500 La Go nd a Way, Suite
210, Danville, California, at your earliest convenience .
If you have any questions or concerns , please feel free to contact me at (925) 743 -3300.
Sincerely,
Heather White
Investment M anager
E nclosures
c . CM i P..CM I PLM I F b ) FI
RECEIVED
n;-v 1'i FlfK 'S DIVISION
Ci";""· Cf-MC'C'APARK
50 0 L A GONDA WA Y, SUITE 210 •D ANV I LLE , CA 9452 6 •TEL 925 .7 43 3300 • r-AX: 925 7 4 3 .3303
Attachment 1
195
WATER AND SANITATION SERVI..‘S
Teter
Accountlgo.0140996001
Abet o. 65869402
4628 . `[1laHier Parkway
'T 09/W/98 -Jan 2012
PMon Atte •iVbn Art ve
2006 - $553.52 2006 - $2,868.95
2007 - $469.92 2007 - $4,887.22
2008 - $495.72 2008 - $760.72
2009 - $513.41 2009 - $3,284.84
2010 - 609.60 i 2010 - $348.00
2011 - $640.28 2011 - $1,396.06
2012 - $38.68 2012 - $29.97
Total: $3,321.13 Total: $13,575.76
196
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198
From: Heather White [mailto:hwhite@nearon.com]
Sent: Monday, July 07, 2014 10:57 AM
To: Allen Walter
Subject: Water Services with the Carlsberg Ranch Owners Association
Mr. Walter,
Attachment 2
I am responding to the attached letter from you dated September 19, 2012. We are ready to move
forward and accept the City of Moorpark's reimbursement for a portion of the water costs we incurred
from 2009-2012. You requested in the attached letter that I send you back a letter, an invoice and a
signed copy of the Release of Claims. Before I can do that, can you send me a soft copy of the Release of
Claims because I need to make a couple of changes to it?
Here are the changes I want to make to the agreement:
First, the $6,860.64 should be paid to Nearon Enterprises, LLC not to Carlsberg Ranch Owners
Association.
Second, we want to make this more specific to this situation so I want to change the following: The last
two lines of the first paragraph replace the words "the accident, casualty or event ... "with "the
undersigned's overpayment or incorrect payment of water meter charges during calendar years 2009
through 2012, as described in that certain letter dated September 19, 2012 from Mr. Allen M. Walter,
Landscape and Parks Superintendent, to Carlsberg Ranch Owner's Association."
If you want to make the above changes to the document you can and send me a revised hard copy
instead.
Let me know if you have any questions.
Regards,
Heather
Heather White
Nearon Enterprises
500 La Gonda Way, Suite 210
Danville, CA 94526
925-743-3300 (Phone)
199
ATTACHMENT 3
RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS:
That the Undersi!,>ned, being of lawful age, for sole consideration of Six Thousand Eight
Hundred Sixty and 64/100 Dollars ($6,860.64) to be paid to Nearon Enterprises, LLC do/does hereby and for my/our/its heirs, executors,
administrators, successors and assigns release, acquit and forever discharge the City of Moorpark and his, her, their, or its agents, servants,
successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims,
actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now
has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen
bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which
is described in a reimbursement request letter from Carlsberg Ranch Owners Association to the City of Moorpark dated June 21,
2012 (Attachment 1), and in a subsequent email from Nearon Enterprises dated July 7, 2014 (Attachment 2).
It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be
construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefor and intend
merely to avoid litigation and buy their peace.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of
the United States are hereby expressly waived. Said section reads as follows:
"1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected
his settlement with the debtor."
The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and progressive and that recovery
therefrom is uncertain and indefinite and in making this Release it is understood and agreed, that the undersigned rely(ies) wholly upon the
undersigned's judgment, belief and knowledge of the nature, extent, effect, and duration of said injuries and liability therefor and is made without
reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by
them employed.
The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the
undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and
not a mere recital.
I hereby represent that at the time I sign this Release I am not hospitalized in a medical facility nor was I admitted to a medical facility within the
past 15 days.
THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT TO BE A FULL AND FINAL RELEASE OF ALL CLAIMS.
Signed, sealed and delivered this _________ day of _________________________ _
Witness to signature
Address of Witness Signature
Witness to signature
Address of Witness Signature
For your protection California law requires the following to appear on this form.
Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines
and confinement in state prison.
ACKNOWLEDGMENT UNDER OATH
State of _______________________ _
County of ______________________ _
Before me this ___________ day of _______________ came _______ _
known to me to be the individual who executed this release, and acknowledged that
contents and freely executed same for the sole consideration therein expressed.
__________ fully understood its
CW File:
Notary Public
CW072
200