HomeMy WebLinkAboutAGENDA REPORT 1990 0905 CC REG ITEM 08GBERNARDO M.PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tem
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
TO:
FROM:
DATE:
SUBJECT:
BACKGROUND
MOORPARK STEM 8• �.
M E M O R A N D U M
The Honorable City Council
Lillian E. Kellerman, City Clerk
August 29, 1990
Claim - Charlene Ferguson et al
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
The City has received a claim filed by Charlene Ferguson in
her behalf and that of Angela, Marissa and Kimberly Ferguson
relating to an event occurring July 29, 1989. The claimants
have indicated that they suffered injuries and damages as
a result of a vehicle accident 3t the intersection of Campus
Park Drive and Marquette Street.
Our insurance adjuster, Carl Warren & Co. , has reviewed this
claim and has recommended that "lie council reject the claim.
RECOMMENDATION
Reject the claim of Charlene Ferguson et al and direct staff
to appropriately notify the claimants.
LK:djv
claim. fer
.!1/./1
I 1i1
799 Moorpark Avenue Moorpark, California 93021
(805) 529 -6864
BERNARDO M. PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK
M E M O R A N D U M
TO: The Honorable City
FROM: Richard Hare, Depu
DATE: August 21, 1990
SUBJECT: Claims of
Date of Accident:
STEVEN KUENY
City Manager
CHERYLJ.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
Council
Ly City Man ge
Charlene Louise Ferguson;
Angela Ferguson; Marissa Ferguson;
and Kimberly Ferguson
July 29, 1989
The attached Application for Leave to Present a Late Claim (Exhibit
A) was received by the City on July 25, 1990. Carl Warren &
Company has reviewed the claim and has provided a recommendation
for application rejection (Exhibit B) . This item will be presented
for City Council consideration at the September 5, 1990 regular
Council meeting. If the Council accepts recommendation for
application rejection at that time, the attached letter (Exhibit
C) will be sent to the claimant notifying them of such action.
cc: Lillian E. Kellerman, City Clerk
Steven Kueny, City Manager
claim /frl
799 Moorpark Avenue Moorpark, Galifornia 93021 (805) 529 -6864
FREDRIC J. GREENBLATT
BRENTON L- HORNER
OF COUNSEL:
CHARLESH.KROHN
July 23, 1990
CITY OF MOORPARK
City Hall
799 Moorpark Avenue
Moorpark, CA 93021
GREENBLATT AND HORNER
ATTORNEYSA LAW
22151 VENTURA BOULEVARD. SUITE 200
WOODLAND HILLS. CALIFORNIA 91364-1600
ATTENTION: CITY CLERK
TELEPHONE: (818) 992 -1188
TELECOPIER: (818) 992 -7687
FILE NUMBER:
F40701
RE: CLAIMS OF CHARLENE LOUISE FERGUSON;
ANGELA FERGUSON; MARISSA FERGUSON
and KIMBERLY FERGUSON
DATE OF ACCIDENT: July 29, 1989
Dear Sirs:
Pursuant to California Government Code Section 911.4, claimants
Charlene Louise Ferguson; Angela Ferguson; Marissa Ferguson and
Kimberly Ferguson hereby request permission to present a late
claim.
California Government Code Section 911.4 states:
(a) when a claim that is required by Section 911.2 to be
presented not later than six (6) months after the
accrual after the cause of action is not presented
within such time, a written application may be made
to the public entity for leave to present such claim;
(b) The application shall be presented to the public entity
as provided in Article 2 (commencing with Section 915)
of this chapter within a reasonable time not to exceed
one (1) year after the accrual after the cause of
action and shall state the reason for the delay in
presenting the claim. The proposed claim shall be
attached to the application. In computing the one -
year period under the subdivision, time during which
the person who sustained the alleged injury, damage
or loss to a minor shall be counted, but the time
during which he is mentally incapacitated and does
not have a guardian or ,3 conservator of his person
shall not. be counted.
-- RECEIVED -
EXHIBI r A AUK 2 5 1990
CITY OF MOORPARK
City Hall
July 23, 1990
Page -2-
As can readily be seen from the claims attached, three (3) of
the claimants are minors, Angela Ferguson is ten (10) years old,
Marissa Ferguson is nine (9) years old and Kimberly Ferguson is
seven (7) years old.
Said claims were not presented timely due to clerical error in
this office. The claims were drafted and were supposed to be typed
and submitted, but somehow inadvertently were placed back in the
file without being submitted. In the interest of justice and
fairness to claimants, it is respectfully requested the City of
Moorpark accept these late claims.
Very truly yours,
GREENBLATT
Att e
FREDRI J.
FJG /dwc /fr
Enclosures
F40701.LTR /C7
0
GREENBLATT
F__ r...., 'A.. .
v,.W auUJcs w wmcn you aesire nouces or communications to be sent regarding this claim:
C/O GREENBLATT & HORNER, Attorneys at Law, FREDRIC J. GREENBLATT,
22151 Ventura Blvd., Suite No. 200, Woodland Hills, CA 91364 -1600
now ma DAMAGE or INJURY occur? Give full particulars.
Claimant, a minor was a passenger-in a vehicle driven by mother who was
southbound on Marquette Street crossing through intersection of Campus Park
Drive when they were struck bya vehicle traveling eastbound on Campus Park Driv(
When did DAMAGE or INJURY occur? Give full particulars, date, time of day:
July 29,.1989 at 6:05 P.M.,
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give
street names and address and measurements from landmarks:
At the intersection at Marquette Street ind Campus Park Drive.
What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or
damage, if known:
Vision of the driver was obstructed by plantings in the center divider and
lack of a traffic signal or stop sign.
What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
Bruises in head area.
What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of
computation:
Six - hundred dollars ($600.00).
Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of
Six - hundred dollars ($600.00).
CV* C nJ;(`;' � �rl T`L'DI
FXm Cont. 100 -A CLAIM FOR DAMAGE.,
TO PERSON OR PROPERTY
TRIPLICATE. FOR CLAIMANT
(This copy of claim to he stamped "Received" by City Clerk)
INSTRUCTIONS
1. Claims for death. injury to person or to personal property must be filed not
later than 100 days after the occurrence. (Gov. Code Sec. 911.2)
2. Claims for damages to real property must be filed not later than 1 year after the
occurance. (Gov. Code Sec. 911.2)
3. head entire claim before filing.
4. See page 2 for diagram upon which to locate place of accident.
5. This claim form must be signed on page 2 at bottom.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
7. Clain must be filed with City Clerk. (Gov. Code Sec. 915a)
TO: CITY OF MOORPARK
Name of Claimant ANGELA FERGUSON
Guardian ad Litem: THOMAS J. FERGUSON)
Home Address of Claimant Cit and State
19798 Marquette St., Moorpark, CA 93 21
Business Address of Claimant City and State
RESERVE FOR FILING STAMP
CLAIM No. -- - - - ---
Age of Claimant (if natural person)
10
Home Telephone Number
(805) 529 -8781
Business Telephone Number
Give address to which you desire notices or communications to be sent regarding this claim:
C/O GREENBLATT & HORNER, Attorneys at Law, FREDRIC J. GREENBLATT,
22151 Ventura Blvd., Suite No.200, Woodland Hills, CA 91364 -1600
How did DAMAGE or INJURY occur? Give full particulars.
Claimant, a minor was a passenger in a vehicle driven by mother who was
southbound on Marquette Street crossing through intersection of Campus Park
Drive when they were struck by a vehicle traveling eastbound on Campus Park
Drive.
wnen aia DAMAGE or INJURY occur? Give full particulars, date, time of day:
July 29, -1989 6:05 P.M.,
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give
street names and address and measurements from landmarks:
At the intersection at Marquette Street and Campus Park Drive.
What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or
damage, if known.
Vision of the driver was obstructed by plantings in the center divider and
lack of traffic signal or stop sign.
What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
Soft tissue injury and bruising to uppe,, lip; right side of head.
What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of
computation:
Three - hundred and fifty dollars ($350.00 .
Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of
Three— hundred and fifty dollars ($35C.0
,''C (`T A T —r �TT 7117 CTr T.-- r IT lV• rL`n CC Q•Tl
loanC*,t. >00 -A. CLAIM FOR DAMAGE.,
TO PERSON OR PROPERTY
TRIPLICATE FOR CLAIMANT
(This copy of claim to be stamped "Received" by City Cleral
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
later than 100 days after the occurrence. (Gov. Code Sec. 911.2)
2. Claims for damages to real property must be filed not later than 1 year after the
occurance. (Gov. Code Sec. 911.2)
3. Read entire claim before filing.
4. See page 2 for diagram upon which to locate place of accident.
5. This claim form must be signed on page 2 at bottom.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a)
TO: CITY OF MOORPARK
Nameof Claimant MARISA FERGUSON
(Guardian Ad Litem: THOMAS J. FERGUSON)
Age of Claimant (if natural person)
9
dome Address of Claimant City and State Home Telephone Number
19798 Marquette St., Moorpark, CA 93021 (805) 529 -8781
Business Address of Claimant City and State Business Telephone Number
Give address to which you desire notices or communications to be sent regarding this claim:
C/O GREENBLATT & HORNER, Attorneys at'Law, FREDRIC J. GREENBLATT,
22151 Ventura Blvd., Suite No. 200, Woodland Hills, CA 91364 -1600
iow aia ijA%z&& Jz; or 11VJUR.Y occur? Give full particulars. .
Claimant, a minor was a passenger in a vehicle driven by mother who was
southbound on Marquette Street crossing through intersection of Campus Park
Drive when they were struck by a vehicle traveling eastbound on Campus Park
Drive.
When did DAMAGE or INJURY occur? Give full particulars, date, time of day:
July 29, 1989 6:05 P.M.,
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give
street names and address and measurements from landmarks:
At the intersection at Marquette Street and Campus Park Drive.
What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or
damage, if known:
Vision of the driver was obstructed by I::llantings in the center divider and
lack of traffic signal or stop sign.
What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
Left facia, pain, swelling, left thigh cut.
What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim,
computation: giving basis of
Three — hundred dollars ($300.00).
live ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage,
giving basis of
Three- hundred dollars ($300.00).
E "M ro,t. zoo -A. CLAIM FOR DAMAGE.,
TO PERSON- OR PROPERTY
TRIPLICATE FOR CLAIMANT
(Th.s copy of claim to be stamped "Received" by City Clerk)
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
later than 100 days after the occurrence. (Gov. Code Sec. 911.2)
2. Claims for damages to real property must be filed not later than I year after the
occurance. (Gov. Code Sec. 911.2)
3. Read entire claim before filing.
4. See page 2 for diagram upon which to locate place of accident.
5. This claim form must be signed on page 2 at bottom.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a)
TO: CITY OF MOORPARK
Name of Claimant
CHARLENE LOUISE FERGUSON
RESERVE FOR FILING STAMP
CLAIM No. .-
Age of Claimant (if natural person)
40
Home Address of Claimant City and State Home Telephone Number
14798 Marquette St., Moorpark, CA 93021 (805) 529 -8781
Business Address of Claimant City and State Business Telephone Number
cave address to which you desire notices or communications to be sent regarding this claim:
C/O GREENBLATT & HORNER, Attorneys at Law FREDRIC J. GREENBLATT,
22151 Ventura Blvd., Suite No. 200, Woodland Hills, CA 91364 -1600
_W_ s"%& a.+++isan rz, Or 1PIJ uJm x occur? Give full particulars.
Claimant was southbound on Marquette Street crossing-through intersection of
Campus Park Drive, The other vehicle was traveling eastbound on Campus Park
Drive and collided with claimant's vehicle with force sufficient to propel her
over southeast curb and into two (2) trees.
When did DAMAGE or INJURY occur? Give full particulars, date, time of day:
July 29,.1989 at 6:05 P.M.,
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give
street names and address and measurements from landmarks:
At the intersection of Marquette Street and Campus Park Drive.
What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or
damage, if known:
Vision was obstructed by plantings in center divider and lack of traffic
signal or stop sign.
What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
I. Property Damage;
2. Physical injuries including soft tissue trauma to head, neck, shoulders,
back, left and right arms, buttocks.
What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis o
computation:
Claimant is still treating; according to proof.
Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of
Claimant is still treating, but medical kl.:; to date are in excess of Two -
thousand one- hundred forty five dollar
CARL WARREN & CO.
Insurance Adjusters
Claims Administrators
PO Box 25180
Santa Ana. CA 92799 -5180
(714) 972 -3146
(800) 572 -6900
TO: City of Moorpark
Attention: Richard Hare
Date: August 8, 1990
Re: Claim: Ferguson vs Moorpark
Claimant: Charlene, Angela, Marissa & Kimberly Ferguson
D /Event: 7- 2.9 -89
Recd Y /Office: 7 -25 -90
Our File: S 64803 DK /VT
We have reviewed the above captioned claim and request that you take
the action indicated below:
E] CLAIM REJECTION: Send a standard rejection letter to the claimant.
�j CLAIM INSUFFICIENCY: In accordance with the telephone conversation
of 19 , a notice of insufficiency must be mailed
to the claimant no later than , 19. . THIS MUST BE
MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF.THE ORIGINAL
CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See
Government Code Sections 910 and/or 910.2 and or 910.4.
b AMENDED /SUPPLEMENTAL CLAIM: Send a standard rejection letter to
the claimant, rejecting this additional /amended claim.
LATE CLAIM RESPONSE: Return the original claim material to the
claimant, advising that the claim is late and that their only
recourse is to file a written "Application for Leave to Present
a Late Claim ". (Retain copies in your file.) THIS MUST BE MAILED
TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR
OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code
Section 911.4.
��A -
to PPLICATION REJECTION: Reject claimant's "Application for Leave
Present a Late Claim ". See Government Code Section 911.8.
f� TAKE NO ACTION: Defer any written response to the claimant
pending our further advice.
Please provide us with a copy of the notice sent, as requested above.
If you have any questions, please contact the undersigned.
Very truly yours,
CARIB WARREN & COMPANY
cc: S.C.J.P.I.A. j' RECEIVED
dju__ e UG 0, 19N
E XH I B I T B My of Moorpart
MOORPARK
BERNARDO M. PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
September 6, 1990
Greenblatt & Horner
Attorneys at Law
Fredric J. Greenblatt
22151 Ventura Blvd., Suite #200
Woodland Hills, CA 91364 -1600
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
CLAIMANT: Charlene, Angela, Marissa & Kimberly Ferguson
SUBJECT: REJECTION OF APPLICATION TO PRESENT A LATE
CLAIM PRESENTED WITHIN ONE YEAR OF THE DATE OF
OCCURRENCE
Notice is hereby given that the
Late Claim which you presented t.
City of Moorpark on July 25, 199
5, 1990 by the City Council.
WARNING
Application to Present a
o the City Council of the
0 was denied on September
If you wish to file a court action on this matter, you
must first petition the appropriate court for an order
relieving you from the provision of Government Code
Section 945.4 (claims presentation requirements) . See
also Government Code Section 946.6. Such petition
must be filed with the court within six (6) months
from the date of your Application for Leave to Present
a Late Claim was denied.
You may seek the advice of an attorney of your choice
in connecton with this matter. If you desire to
consult an attorney you shoo ] ti do sc: immediately.
Lillian E. Kellerman
City Clerk
claim/ fr2 EXHIBIT C
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864