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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: October 26, 2004

Subject/Title: Reject claim presented by Cap’s Oak Street Bar & Grill

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

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

RECOMMENDATION
Reject the claim of Cap’s Oak Street Bar & Grill presented on August 27, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority, and the City Attorney.

PREVIOUS ACTION
None

BACKGROUND
Claimant, Cap’s Oak Street Bar & Grill, presented a claim in the amount between $23,000 to $31,000 for damage to its patio, fence, tent frame and cover, electrical lighting, and removal of tree remains. Claimant states that on July 4, 2004 a large tree growing on City property, as well as Cap’s property, fell into its patio damaging its fence, its custom-made awning and frame, and its electrical lightning.

The City was unaware of any problems with the subject tree. There was nothing reasonable the City could have done to identify the condition of the tree prior to its loss, as it was behind a common fence and under the property owner’s control to trim or remove damaged limbs. The City received no complaints from Cap’s regarding the tree’s condition prior to the subject incident.

FISCAL IMPACT
No fiscal impact at this time.

 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov