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HomeMy WebLinkAbout00 - Closed Session Item D - ClaimClosed Session Agenda Item No. D April 14, 2015 I "FIV CLAIM AGAINST THE CITY OF NEWPORT BEA Iti= FG (FOR DAMAGES TO PERSONS OR PERSONAL PROPERTY ALLOWABLE UNDER TILE CALIFORNIA GOVERNMENT CODE —TORT CLAIM ACT) �1f5 `{R _7 Received byLrw via U.S. Mail I�p Inter - Office Mail IJ Counter ❑ (FAX Not Accepted) CCERK'S DATE & TIME STAMP A claim must be filed with the City Clerk of the City of Newport Beach within 6 months after which the incident or event occurred. Be sure your claim is against The City of Newport Beach not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Complete claims must be mailed or delivered to: The City Clerk, City of Newport Beach, City Hall 100 Civic Center Drive, P.O. 1768, Newport Beach, CA 92658 -8915. Type or print in blue or black ink (no pencil). This document is a public record and may be posted on the internet. TO THE HONORABLE MAYOR AND CITY COUNCIL, The City of Newport Beach, California The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal properly: 1. NAME OF CLAIMANT: Big Canyon Country Club a. ADDRESS OF CLAIMANT: One Big Canyon Drive, Newport Beach, CA 92660 STREET ADDRESS CrrY,STATE ZIP CODE b. PHONE NO.: (949) 644 -5404 c. DATEOFBIRTH: d. DRIVER'S LIC. NO.: Mailing Address: 2. Name, telephone and post office address to which claimant desires notices to be sent if other than above: 3. Occurrence or event from which the claim arises: a. DATE: N/A b. TIME: c. PLACE (exact and specific location): d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary): See Attached e. Names and addresses of all witnesses to this incident: N/A f. What particular action by the City, or its employees, caused the alleged damage or injury? See Attached GLCLAIMFORM -U0S g. Names of City employees involved: h. Give the names of any other party or parties involved in causing the alleged injury and/or damage: N/A 4. Give a description of the injury, property damage or loss, so far as is known at the time of this claim. If there were no injuries, state "no injuries" No Injuries 5. Name and address of any other person injured for which you are the parent or legal guardian: N/A 6. Name and address of the owner of any damaged property: N/A 7. The amount of damages you are requesting to resolve your claim: See Attached a. Amount claimed as of this date: $ b. Estimated amount of future costs: S c. Total amount claimed: S d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 8. Names and addresses of all hospitals, doctors, medical providers (physical therapy), etc. a. b. C. d. 9. Any additional information that might be helpful in considering your claim: +R FAILURE TO PROVIDE ANY OF THE ABOVE INFORMATION MAY RESULT IN THE RETURN OF YOUR CLAIM FOR INSUFFICIENCY AND MAY UNECESSARILY DELAY THE CITY'S PROMPT RESPONSE TO YOUR CLAIM. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal Code §72; Insurance Code §556.1) I have read the mauers and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief and as to such matters I believe the ame to be true. I certify under penalty of perjury that the foregoing is TRUE and CORRECT. Signed this day of March _2015 at .NeEpx rt Beach Office of the City Clerk C -- y/ / i /zp�/ i, Newport Beach, California CLAIMANT'S SIGNATURE David Voorhees, General Manager OLCtAIMFORM -1/08 Claim Against City of Newport Beach March 16, 2015 3 d. The City and the Claimant are parties to that certain Agreement for Delivery and Sale of Recycled Water to Big Canyon Country Club dated July 26, 2011 (the "Water Agreement "). Pursuant to Section 5 of the Water Agreement, the Claimant is obligated to pay the City for recycled water used by the Claimant at a rate that is the lower of (1) 80% of the cost of potable water; (ii) the lowest rate charged by the City to other recycled water users in the City or (iii) "the cost to the City to provide and transport Recycled Water to the Site as shall be reasonably analyzed and determined by the City from time to time." The lowest of those three possible rates is the rate in (iii). Claimant requested that the City conduct an analysis of the cost to provide and transport recycled water to Claimant on or about the date of the Water Agreement (the "Analysis"). The Analysis took approximately 40 months to be completed and implemented. The Analysis resulted in a reduction of the rate being charged to the Claimant of approximately 50% of the charge imposed by the City from the date of the Water Agreement. Based upon the facts presented, Claimant claims that Claimant was overcharged for recycled water from the date of the Water Agreement to the date the rate reduction was implemented by the City in the fall of 2014. Further, under Proposition 218, the City is restricted from charging more for goods and services it provides than what those good and services cost. The City's own analysis established the rate was significantly higher than it should have been. 3. f. The City and its consultants failed to complete the Analysis in a timely fashion to the detriment of Claimant which delay had the result of redounding to the benefit of the City. Therefore, the failure to honor the claim of Claimant would have the result of the City receiving a windfall because the amount it charged for recycled water exceeded the cost to the City of procuring recycled water. 7. Damages can only be ascertained by applying the water rate as adjusted in the fall of 2014 to the water usage from a date the City should have completed and implemented the Analysis. Claimant believes that date should be the date of the Water Agreement because Claimant believes there was nothing that needed to be analyzed for two reasons: First, there is no transportation cost in bringing recycled water to the Claimants property since it is transported in pipes not owned or maintained by the City, and second, the cost of recycled water to the City is the amount charged by the City's provider of that recycled water (Orange County Water District), which sets the rate from time to time.