HomeMy WebLinkAboutCC AG PKT 2008-03-10 #R
AGENDA STAFF REPORT
DATE' March 10,2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: June Yotsuya, Assistant City Manager
SUBJECT: Denial of Claim
SUMMARY OF REQUEST:
Request the City Council to reject claim from Los Alisos Ranch Co., Inc. and
direct the City's Risk Manager to issue a claim rejection letter.
BACKGROUND:
All claims against the City are sent to the California Joint Powers Liability
Authority's claims adjuster, Carl Warren & Co. for claims resolution. If the
subject matter does not appear to meet the criteria for participation In the joint
liability protection program, the claim is returned to the City for recommended
action by the City Attorney
On February 28, 2008, the City Clerk received a claim application from Los
Alisos Ranch Co , Inc. that was mailed to the claims adjuster On March 10,
2008, the City received a notice from Carl Warren & Co directing the City to refer
the claim to the City Attorney Upon reView, the City Attorney recommends that
the claim be denied.
Per Califorma Government Code Section 911.6 the City CounCil shall grant or
deny the application within 45 days after It is presented. For this claim
application, the City has until April 13, 2008 to deny the claim. Since the City
Council's next regularly scheduled meeting IS April 14, 2007, the City Attorney
requests action at its March 10,2008 meeting.
FINANCIAL IMPACT:
There is no fiscal impact.
RECOMMENDATION:
City Council to approve denial of claim and direct City's Risk Manager to issue a
demalletter per Govemment Code Section 911.8 to Los Alisos Ranch Co., Inc
Agenda Item
SUBMITTED BY:
Attachments:
A, Claim ApplicatIon
NOTED AND APPROVED:
Page 2
David Carmany, Ci Manager
B2/~4/29BB 14:92
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PAGE 95/9B
NOTICE OF CLAIM
CITY OF SEAL BEACH, CALIFORNIA
(GoVImment Code Ii 910, 910.2)
INSTRUcnONS (PIe- RlIId r:al'lfully);
C/BImS l81818d /D irl/UIY l'D petIa/I Dr dlmags /D p_1I ptDI>>tfy must bl pRlDllted to rile City
M/IIfn , month. ftDm the dala of loa CIIIhnl rallied III any r1lher1os. mua ~ plW/IfI!ld not /e/rJr
than one jlBlT tj'lIm /lie cfa. of 10... AnlwBr 8If ilam. /lJ//y Ind tD /h. blllt "f your Icnllwllldge Ind
/nfotmIltlon. FeOIlllt III tkl 811 mil' red In yaur claim bllng found InsufIIci8nt If mD/& lIplCl Is
nllllded ID pIlWide RlqlI/IGrI Honnatlcn, pIe.18 IIt8ch IddI!klnIlI plgll/lldenIJfyfng pIlflgraph8(/I}
b8lng~d.
TO: Office of the City Clerk
City Of Seal Beach, City HaD
211 Eighth Street
Seal Beach, CA a0740
O~a(/CJ( j/:OfJA'rn
Date !ind TIme Fded with the City Clerk
[clIy UI. Only]
1. Claimant's Name: ILOS~HSOS ~'l:'m 9om~ny. In~.
Ic/o even. rllCl1, omey or Los Allsas Kancll company, Inc.
Date of Blrth:N/A ' Dl1ytim~ Phone: (~AQ ) 476-7095
2. Claimant's Mailing Address: i c/o Steven A. Ehrlich, Attorney at Law
18881 Von Karman Avenue, Suite 370, Irvine, CA 92612
Street Number Street (Apt #) City State
Zip Code
3. Claimant's Social Secunly #
N/A
~9!h~ne: (714 ) 450-0777
4. Date of Loss: September 2007
Time of Loss: N/A
5. Location of Loss: (Speclfy In as much detail as possible,)
. 13070 Old Bolsa Chlca Road. Westmil]ster. CA 92683 and entire lenath of street
adiacent thereto.
6. Description of incldent/accldent, WhIch caused you to make thIs claim:
Seal Beach charQed CalTrans (State of Califomi~DeDartment of TransDortation\
532,000 to hook UD to a water line installed bv Claimant. Seal Beach reDresented to.
Claimant that CalTrans would never utilize the new water line. .
7. What specific Injury, damages or other losses did you Incur?
_Claimant Is entitled to reimbursement of not less than $32.000 for the initial cost of-
_installina the water line.
8. What Is your basis for claiming that the CIty or City employee(s) are the cause Dr your InJury,
damages Dr loss?
Seal Beach bv falllna to reimburse Claimant Is belna uniustlv enriched bv wav of the
'mon~ it chal"llecl..t!LC.al Trans,
92/~4/29BB 14:92
9494749437
PAGE e16/e1B
=
9. What amount of money are you seeking 10 recover?
(Check one of the boxes below)
[ ] The amount claimed totals IES then $10.000. Enter the l\lI1ount claimed here: $
[ ] The amount c1slmed Is more than $10,000 but nat over $25.000: Llml~ Jul1sdlcllon of Superior Court.
[xl The amount claimed Is more than $25,000; jurisdiction rests In Superior court.
10. How was this amount calculated? (Itemize and attach bills, repair estimates, receipts, ele.; If
claim Ie for vehicle damage, obtain and attach two (2) repelr estimates): .
This is what Seal Beach charged CalTrans to hook up to the water line.
11. What are the name(s) of the City employeels) whom you aUIge caused )!our Injury,
damages or loss, If known?
Unknown.
12. Name, address, and phone number of any witnesses who can substantiate your claim:
Ron Brust (502) 594-8589: Brad Sublett (714) 450-0777. 13070 Old'Bolsa Chica Rd.u.
Westminster. CA 92683.
13. Any additional information that you believe mIght be helpful In considering this claim:
?Iaimant was advised bv Seal Beach that CalTrans would never connect to the water
line.
14. All notices and communications with regard to this claIm will be directed to the Claimant
shown In lines 1 and 2 above unless you complete the following to Identify to whom further
communication should be directed:
Steven A. Ehrlich
Relationship:
18881 Von Karman Avenue, Suite 370, .
Irvine. . State: CA
Attorney
Name:
Address:
ZIP:
92612
Daytime Phon a: (949) 476-7095
Home Phone:: N/A - (949) 476-7095
1/We, the unde..lgnBd, daclal1l under Plnally of pBljury lhBl lIwe hlYll l1lad the fol1lgolng c:IaIm lor
damagea Ind know the contanlllhel9Cl: !hat tha saml Is trve of my/Dur own knowlldge and benef, lave
and IlCCllpt BI to thosa ma\lera wherein Illltad on infllrmlUan and belief. and al to tham, I/wB bsnwI to be
trua.
Los A1isos Ranch Company, Inc.
By Brad Sublett, General Manager
Claimant Printed Name
Printed Name Signature . Date 'Signed
(Nota: If someona 1I1uthl claim on behalf of the claimant, the pel'Son IhDuld sign above.)
WAIlIIING: Pensl Cade Ssellan n mstlS II a ClIme punlshabla b, Imprlaanmanl to submit a .fal.. or lrau_
a1a1m. far JlIIlIII1snt Ia a ell, or public d1sl11c1, and Cod. of ClvllPrDosdura S.cUO" 1D31 aUlhorlzas th. _d ..,
811arn1llf _ agalnsls dolmanl wballl1n.. a alaJm Ihalls anal broughlln good faith ."d wIth nason.bla ca.....