HomeMy WebLinkAboutAGENDA REPORT 2001 0905 CC REG ITEM 11LTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM A L .
CITY OF7YTOO"ARK, CALIFORNIA
City Cound P,;[,e m gF
of r _5_950
.AC'T`ION; i=,p�!'.=�
t^ecnr►�,�v►P -�cl� -ion �.
BY.
Deborah S. Traffenstedt, ATCM /City Clerk
August 27, 2001 (CC Meeting of 9/5/01)
SUBJECT: Consider Rejection Of Claim: Westfield Farms, Inc.,
and /or Nishi.den, Inc.
BACKGROUND
On July 25, 2001, the City received the above referenced claim for
damages. The claim was forwarded to the City's claims adjuster for
review.
DISCUSSION
The stated reason for the claim is for damages sustained to real
property, orchards, crops, capital investment and loss of income,
and is generally summarized as follows:
The acts and omissions of the municipal authorities have
resulted in substantial changes to the natural flow of
the Arroyo Las Posas from a usually dry seasonal
tributary to Callegus Creek into an all - season river. The
public improvements implemented, approved and accepted,
including point and non -point sources along the
watershed, have resulted in urban runoff up- stream;
greatly increased the flow of water, greatly increased
erosion, altered the natural botanical environment of the
stream bed; changed the natural course of the arroyo;
changed the natural intensity of the flow of water
whereby entire parcels have slumped, fallen and become
unusable all to the detriment of the Claimants and all
others similarly situated to the extent that hundreds of
acres of land have been lost and hundreds of acres more
have been placed in immediate and certain peril.
The stated monetary damages in the claim are estimated at $1.5
million dollars. The referenced claim was similarly filed against
the County of Ventura and City of Simi Valley. The City of
Moorpark's claims adjuster has recommended that a standard
rejection letter be sent to the claimant.
100311
Honorable City Council
August 27, 2001
Page 2
STAFF RECOMMENDATION
Reject the claim and direct staff to send a standard rejection
letter to the claimant.
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