HomeMy WebLinkAboutItem No. 11 Rejection of Claim by Terry MohrText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-389
Agenda Date: 10/24/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 11)
Page 1 City of Lake Elsinore Printed on 10/19/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Shannon Buckley, Finance Manager
Jason Simpson, Assistant City Manager
Date:October 24, 2017
Subject:Rejection of Claim by Terry Mohr
Recommendation
That the City Council direct the City Clerk to notify claimant Terry Mohr that his claim submitted
to the City Clerk’s Department on August 15, 2017, is rejected.
Background
On August 15, 2017, the City Clerk’s Department received a claim for damages from Terry
Mohr, the owner of the property (APN 378-234-004-7) on Pierce Street, Lake Elsinore. Mr. Mohr
alleges damages in the amount of $18,300.
Mr. Mohr applied to the Planning Commission seeking approval for the installation of a 1,512-
square foot manufactured home (the “project”) with a 480-square foot detached garage and
related improvements on an approximately 12,196 square foot lot that he owns on Pierce Street.
The project was originally considered by the Planning Commission on June 6, 2017. At the
hearing, the Planning Commission expressed concern about the architectural design and quality
of the project and continued the matter to the June 20th meeting so that Mr. Mohr could provide
revised documents demonstrating further architectural enhancements to the manufactured
home. At the June 20th hearing, the matter was continued once again, this time to the July 18th
meeting, to allow Mr. Mohr additional time to submit the requested items.
Prior to the July 20
th meeting, Mr. Mohr committed to providing certain architectural
enhancements to the project. Consequently, a new condition of approval was added to the
project that required Mr. Mohr to submit plans, for review and approval by the Community
Development Director or his designee, depicting these additional features prior to the issuance
of a building permit. The project was approved at the July 20th meeting with this additional
condition.
On August 15th, Mr. Mohr filed his claim. In the claim he states that he was under the
assumption that he could start building the project without submitting a revised site plan. Mr.
Mohr complains about the number of times he has had to submit plans and the number of
architectural enhancements required. He claims he cannot risk building the project because he
Terry Mohr Claim
October 24, 2017
Page 2
believes his submittal of plans could be rejected again. He also claims that there is no legal
requirement for the enhancements.
Ms. Mohr’s claim was initially referred to the City’s carrier, the California Joint Powers Insurance
Authority through its claims administrator, Carl Warren & Company. On September 5, 2017, the
City Attorney’s office was notified by Carl Warren that the claim was not covered under the
City’s policy.
Accordingly, the City Attorney’s office has reviewed the claim in order to advise the City Council.
Discussion
In his claim, Mr. Mohr notes that he seeks reimbursement “for costs incurred” that totals
$18,300, itemized as follows: Lot purchase, $1,370; Grading and Site plan, $4,500; Percolation
report, $1,300; Lot merger plan, $1,800; Design review cost, $3,910; Parcel merger cost, $550;
Garage structure plan, $1,500; Site assessment cost, $250; Tree cut/lot clean up, $3,100.
Therefore, Mr. Mohr claims he should be reimbursed for all of the costs he incurred in seeking
Planning Commission approval of his project, as well as the purchase price of one of the lots on
which the project would be built.
There is nothing improper or illegal in the conditions of approval for the project. Further, if Mr.
Mohr believes the conditions are onerous, he had the right to appeal the Planning Commission
decision to the City Council. Lake Elsinore Municipal Code section 17.180.020 provides that any
person may file a written appeal to the City Council within 15 calendar days from the date of the
Planning Commission’s decision. By not appealing the decision to the Council, Mr. Mohr has
failed to exhaust his administrative remedies. Such failure can constitute a legal bar to any claim
he would bring.
The City Attorney’s office recommends that the City Council reject the claim tendered by Ms.
Mohr and direct the City Clerk to notify Mr. Mohr of the rejection as required under the Tort
Claims Act.
Following notification of the City’s rejection, the claimant has six (6) months to file a lawsuit
should he choose to go forward with an action against the City.
Fiscal Impact
None.
Exhibits:
A. Claim
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City of Lake Elsinore
Claim for Damage or lnjury
Use Black or Blue lnk Type
Attach Additional Pages if Necessary
MailClaim Form To:
City Clerk
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
CLAIMANT, NOTIFTCATION AND GENERAL INFORMATION
7rf7 tvv.AIMANT FULL NAMEAz ,/fu//
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TURE OFCLAIMANT DATE
PRESENTING FRAUDULENT CLAIM
OR MAKING FALSE STATEMENTS
Every person who, with intent to
detraud, presents for allowance or
payment any false or fraudulent
claim against the City is guilty of a
felony. (SeeCalifornia Penal Code
s72)
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HEREIN.INJURTES CAUSED BY
NOTICE TO CLAIMANT
ln order for your claim to receive proper consideralion you are requested to supply the information called for on this application form- All
material facls should be stated on this form, as it will be the basis of further action upon your claim. The instructions set forth should be
read carefully before the form is completed.
INSTRUCTIONS
Claims must be signed by the property owner, inlured party, or the person representing the claim. Unsigned claim forms cannot be
honored. See Government Code $910.2, the amount claimecl must be sustained by competent evidence before a claim can be paid.
Whether attached to the claim form, or submitted subsequently, evidence supporting the amount claimed may include:
(a) ln suppo( of a claim for the personal injury or death, the claimanl should submit documentation evidencing the injuries sustained,
treatment rendered, the period of hospitalization, future treatment, the degrees of permanent disability, the prognosis, and
evidence of medical bills received and paid. lt is recommended that such medical evidence !Q! be atlached to the claim form, but
that such substantiation of damages be provided upon request. The Claim Form and attachments thereto is a public record and
subject to public inspection.
(b) ln support of claims for damage to property which has been or can be economically repaired, submit at least two itemized signed
repair estimates or statements of damage by reliable, disinterested persons, or if payment has been made, the itemized signed
receipts evidencing payment.
(c) ln support of claim for lost property or property that cannot be economically repaired, submit documentation of the otiginal cost of
the property, the date of purchase, and lhe value ofthe property before and aflerthe accident. The statements demonstrating the
value of the property should be disinterested competent persons, preferably reputable dealers, persons familiar with the type of
property, by two or more competitive bidders, or advertisements for the same or similar property.
The completed Claim Form must be mailed or delivered to the City Clerk at the address on the prior page. Questions or requests for
further information should be directed to the City Clerk's Office at (951) 674-3124.
INSTRUCTIONS REGARDING INSURANCE COVERAGE
company,itisessentialthattheclaimantprovidethe
following informalion regarding any insurance coverage available for the loss or injury.
DO YOU CARRY AUTO COLLISION COVERAGE?,/
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IF'YES'GIVE NAMEAN'ADDRESS OF INSURANCE COMPANYAND POLICY NUMBER:
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HAVE YOU FILEDA CLAIM WITH YOUR
INSURANCE CARRIER IN THIS INSTANCE?
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IF "YES'WHAT IS YOUB DEDUCTABLE?
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IF A CLAIM HAS BEEN FILED, WHAT ACTION HAS YOUR INSURER T
REFERENCE TO YOUR CLAIM?
DO YOU CARRY PUBLTC LrABrLrT ANO PROPERTY
DAMAGE "O"*OU",
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tF "YES" O|VE NAME OF tytu,r/r
NAME OF CLAIMANT:t/r
August 15,2017
City of Lake Elsinore
130 South Main Street
Lake Elsinore CA92530
Attention City Clerk:
I, Terry Mohr am filing a claim against the City of Lake Elsinore for
$18,300 for costs incurred in trying to place a manufactured home on lots
that I have on Pierce Street. This planning application number 2017 -21, of
which, I submitted my site and grading plans on March 31,2017.I did not
hear from the City in over a month and at the end of April I inquired about
the review and Justin Poley indicated that they will review it as soon as
possible.
In the middle of May we had a design review committee meeting in the City
offices when I was informed to obtain color elevation plans for the home and
garage, garage structural plan, landscape plan and an architectural
enhancement, of which, I submitted an awning. I was able to provide all of
the aforementioned to Justin Poley by the end of May in order for my project
to be placed on the agenda for the June 6,2017 planning commission
meeting.
My project was not approved at the hearing but three other manufactured
homes were approved that had no architectural enhancements except a build
in porch. I did not hear from the City for a week after the meeting and on
June 13th I was told I had to submit revised site and colored elevation plans
that included the awning and porch that same day. I was able to get a revised
site plan but not able to get colored elevation plans so my project was
continued at the June 20 meeting. In the next month I was informed that I
also had to have window surrounds and 36 inch stone veneer on the front of
my manufactured home as additional enhancements.
At the July 18 meeting after much discussion I was informed that my home
was approved and I was under the assumption that I could start building after
four months of design review. Then a week later I am informed that I have
to resubmit revised site and colored elevation plans that included the stone
veneer, the window surrounds, larger 10 by 6 foot porch and a "free standing
structure" or patio cover with no specific information. So this will be the
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third time that I will have revised the plans and could once again get rejected
so I have decided not to build on the lots and sue the city for costs incured.
Please see breakdown of the costs are described below:
Second lot purchase $1,379
Grading and Site plan $ 4,500
Percolation report $ 1,300
Lot merger plan $ 1,800
Design review cost $ 3,910
Parcel merger cost $ 550
Garage structure plan $ 1,500
Site assessment cost $ 250
Tree cut/lot clean up $ 3,100
The commissioners are saying that my home is flat but it has a twenty foot
and an eight foot dormer while other manufactured homes that have been
approved do not even have a dormer. It is not also right that the City and
commissioners are forcing me to have five times the architectural
enhancements and landscaping of any other approved home. With that said,
I cannot risk building on the lots when the City cannot justify by any city
code and/or requirement in Chapter 17.72 of the R-H hillside single family
residential development directive for all of these additional enhancements.
Lastly, I would like my name, home address and cell phone number deleted
from the Lake Elsinore website, which has been posted to this project
without my consent and is illegal.
Lake Elsinore CA 92530
Sincerely,
Ter1y'J. Mohr
14857 Toft Drive
County Administrative Center- 4th Floor
4080 Lemon Street, P.O. Box 12005
Riverside, CA 92502-2205
(95 r ) 9ss-3e00
(951) 955-3990 - Fax
E- mai l : t axs al e@riv c ottc. or g
www. c ounlytr e asur er. org
COUNTY OF RIVERSIDE
TREASURER-TAX COLLECTOR
Palm Deserl Office
38-686 El Cerrito Rd
Palm Desert, CA92211
Temecula Office
40935 County Center Drive, Suite
Temecula, CA9259l
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April 14, 2016
MOHR, TERRY J
14857 TOFT ST
LAKE ELSINORE CA 92530
Congratulations, you were the successful bidder at the Riverside County Treasurer-Tax Collector's
Sealed Bid Auction on the parcel listed below.
Item: 279 Assessment:378234004-7
You are hereby notified that your bid of $1,378.76 was the highest acceptable bid for the above noted
item offered at Sealed Bid Sale TC No.206, held on March 30,2016. The sale of the property described
in the notice of said sealed bid sale is, therefore, awarded to you.
We acknowledge your receipt of $1,380.41, which is the total of the amount of your bid in addition to
$1.65 for Documentary Transfer Taxes.
The tax deed will be recorded within sixty days and mailed to you shortly thereafier. Should you have
any questions please feel free to contact the Tax Sale Operations Unit at (951) 955-3827.
Sincerely,
Jason Jacquez
Tax Sale Operations
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STATEMENT -?
AC Dngineering Groap, frte.
Invoice#
TO: Terry Mohr
14857 Toft Dr.
Lake Elsinore, CA 92530
FOR: Grading plan, Lot merger and Percolation Test
On Pierce Ave.
Lake Elsinore, CA 92530
8/5/17 (5
CE
DATE TRANSACTION AMOUNT BALANCE
03t01/17
Grading , Drainage and Erosion Conffol Plan
Feasibility Percolation Evaluation report
Lot Merger
Paidt4l4
Paid
Total Paid:
Balance Due:
$4,500.00
$1,300.00
$1,800.00
$3,800.00
$3,800.00
$7,600.00
$5,800.00
$7,600.00
$3,800.00
$00.00
$0.00
CURRENT I-30 DAYS PAST DUE OVER3I DAYS P.D.AMOTINT DUE NOW
0.00 0.00 0.00 $0.00
You have l0 days to pay, after l0 days per your agreement l.5oh monthly interest will apply on it.
Please Make Check payable to: AC Engineering Group, Inc.
750 S. LTNCOLN AVE. # 104- 167, CORONA, CA 92882 TEL (951)272-8181 FAX (951)272-8794
BILLING CONTACT
TERRY MOHR
14857 Toft Dr
Lake Elsinore, CA 92530
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INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
rNV-00004572 03t31t2017 03131t2017 DUE NoNE ul) /vl{
REFERENCE NUMBER FEE NAME TOTAL
RDR-2017-00009 DESIGN REVIEW - MDR (DISCRETIONARY)$3,910.00
SUB TOTAL $3,910.00
$3,910.00TOTAL
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Page 1 of IMarch 31,2017
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BILLING CONTACT
TERRY MOHR
14857 Toft Dr
Lake Elsinore, CA 92530
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INVOICE NUMBER INVO]CE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
INV-00004572 03t3112017 03t31t2017 DUE NoNE th) - /vd{
REFERENCE NUMBER FEE NAME TOTAL
RDR-2017-00009 DESTGN REVTEW - MDR (DTSCRETTONARY)$3,910.00
SUB TOTAL $3,910.00
$3,910.00
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13
March 31, 2017 Page 1 of 1
INVOICE
Lanik Enterprises Inc.
Contractors State Lic #458947
P.O. Box 891416
Temecula, C A 92589-141 6
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BillTo
Terry Mohr
16806 Pierce Ave
Lake Elsinore, CA
Phone #Fax#
9st-676-7114 951-587-6644
Date lnvoice #
5119120t7 8744
Job Address
Construct 20'x 24'detached garage
A. 1-4'0" x 4'0" window
B. l-3'-0" x 6'8" door
C. l-16' x7' garage door with electric opener
D. 1-50 amp panel within 50'of meter or there will be an
additional charge
E. 2-plug receptacles.
F. l4'florescent fixture (interior)
G. l-porch light at walk through door & I porch light
over roll up door
H. Composition roof to match home
I. Siding to match home (horizontal siding will be an
extra cost)
J. Plans & permits
K. Exterior paint to match home
Site Assessment Fee Received
Total $l.soo.oo
Page 2
31,200.00
ul
cr:
4Et*Lanik Enterprises Inc.
contractors State Lic #458947
P.O. Box 891416
Temecula, CA 92589-1416
Phone #Fax#
9st-676-7114 951-587-6644
lnvoice
ItJr{ Date lnvoice #
=€,41412017 8573
Job Address
Terry Mohr
16806 Pierce Ave
Lake Elsinore, CA
Quantity Description Price Each Est Amt Amount
Site Assessment Fee Received 250.00 250.00
Totrll $2s0.00
Payments/Credits -$25o.oo
Balance Due $o.oo
8t1'v2017 Your Estate Coach Mail - Fwd: Yq,r redpt
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from JIMMYS TREE CARE TANDS
Susanne Mi ller <susanne@yourestatecoach.com>
t +i,i/erirFPE E iitt' t,d'Dr
Fwd: Your receipt from JIMMYS TREE CARE
l message
terryjmohr@aol.com <terryjmohr@aol.com>
To: susanne@youreslatecoach.com
Please print two copies.
Thanks
_original Message_
From: lerryjmohr <terryjmohr@aol.com>
To: terryjmohr <tenyjmohr@aol.com>
Sent: Thu, May 25, 2017 5:32 pm
Subject: Fwd: Your receipt fmm JIMMYS TREE CARE LANDS
Fri, Aug 11, 20'17 at 8:56 AM
-Original
Message-
From: JIMMYS TREE CARE LANDS (via Clover) <app@clover.com>
To: terryjmohr <terryjmohr@aol.com>
Sent: Thu, May 25, 2017 4:29 pm
Subiect: Your receipt from JIMMYS TREE CARE LANDS
JIMMYS TREE CARE LANDS
Thursday, May 25 at 4:27 PM
$3,100.00 total
Mew the full receipt for this transaction at
https ://www.clover.com/p/9BASE7 1 KBVP4 4
This receipt was sent on behalf of the merchant by Clover
l-rtF6://m ai I .google.corn/m aiUr/oftui=2& k=f€c3570r5&jsver=Atm sAAwg2qs.en.&view= d&searclF inbox&h= 15dd202e396b1 74&sim l='1 5dd202e396b174 1tl