CITY COUNCIL AGENDA ITEM
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
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.
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
No fiscal impact at this time.