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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: September 14, 2004

Subject/Title: Reject claim presented by Joseph David

Prepared by: Karen Diaz, City Clerk/Director of Administrative Services

Submitted by: Karen Diaz, City Clerk/Director of Administrative Services
____________________________________________________________________________

RECOMMENDATION
Reject the claim of Joseph David presented on May 24, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority (CCCMRMIA), and the City Attorney.

PREVIOUS ACTION
None

BACKGROUND

Claimant, Joseph David, presented a claim in the amount of $9,400.00 for motorcycle damage, riding gear, hospital bills, wage loss, and pain and suffering. Claimant states that on April 30, 2004, loose gravel located on the Sand Creek Rd. and Minnesota Ave. intersection caused his rear tire to slide out and collide with the east curb. According the police report the claimant was in violation of 22350 of the Vehicle Code, Basic Speed Law.

CCMRMIA has tendered this claim to Ponderosa Homes, Inc. Ponderosa Homes hired Graham Company to conduct the slurry seal on April 30, 2004 pursuant to a City encroachment permit. The City’s encroachment requires that the City be defended and held harmless from any claim or lawsuit resulting from the encroachment.

FISCAL IMPACT
No fiscal impact at this time.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov