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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: February 22, 2005

Subject/Title: Reject the Claim Presented by Maria Semeraro

Prepared by: Yvette Toland, Executive Assistant

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

RECOMMENDATION
Reject the claim of Maria Semeraro presented on July 20, 2004, as recommended by the City’s third-party adjuster, Contra Costa County Municipal Risk Management Insurance Authority.

PREVIOUS ACTION
None.

BACKGROUND
Claimant, Maria Semeraro, presented a claim in the amount of $5,008.00 for an incident that took place involving a one-vehicle accident on January 21, 2004. The claimant was proceeding northbound on Fairview Avenue when she struck a newly-constructed traffic island at Hillsborough Boulevard in Brentwood. She alleges that street lighting was poor, the center islands were not properly marked, and the damage to her vehicle was aggravated since the island was not filled with dirt. There were only the concrete curbs outlining the island periphery. The area was under construction by Meritage Homes.

This claim was tendered to Meritage Homes based upon the Reimbursement Agreement, the Subdivision Agreement, Exhibit A of Planning Commission Resolution No. 01-47, conditions of approval of Tentative Subdivision Map 8453, and the encroachment permit 02-63. Meritage Homes accepted the City’s tender, and essentially rejected her claim. Since liability of the City, if any, ultimately rests with Meritage Homes, the City should issue a notice of rejection.

FISCAL IMPACT
No fiscal impact at this time. 

 

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