HomeMy WebLinkAboutAGENDA REPORT 2003 0917 CC REG ITEM 10DTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM
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Deborah S. Traffenstedt, ATCM /City Clerk -.1)5T
September 5, 2003 (CC Meeting of 9/17/03)
SUBJECT: Consider Rejection of Claim: Bordiers Nursery, Inc.
BACKGROUND
On August 11, 2003, the City received the above referenced claim for
damages. The claim was forwarded to the City's claims adjuster for
review.
DISCUSSION
The claim is for flood damage on February 12, 2003, and the estimated
damages are shown as $10,000 +. The affected property is described as
located adjacent to that section of the Arroyo Santa Rosa that runs
westerly from Sunset Valley Road to Moorpark Road in the County of
Ventura immediately south of the boundary of the City of Moorpark and
north of the boundary of the City of Thousand Oaks. The claim
describes the damage as flooding and erosion of approximately 18
acres of farmland north of Arroyo Santa Rosa and west of Sunset
Valley Road (Flood Area 1) and flooding and erosion of approximately
five acres of farmland southeast of Arroyo Santa Rosa and east of the
Moorpark Road Realignment (Flood Area 2).
While the claim describes flooding as caused by the negligence in the
design, construction and /or maintenance of County maintained drainage
ditches on both sides of Sunset Valley Road and of the culvert system
beneath Sunset Valley Road, and the design, construction and /or
maintenance of the Moorpark Road Realignment, the claim also states
that a contributing cause of flooding in both areas was negligent
actions of the City of Moorpark in authorizing extensive residential,
commercial and industrial projects upstream in the Arroyo Santa Rosa
water shed without requiring adequate mitigation measures to prevent
increased runoff from such projects.
The City's claim adjuster has recommended that a standard rejection
letter be sent to the claimant.
STAFF RECOMMENDATION
Reject the claim and direct staff to send a standard rejection letter
to the claimant.
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