HomeMy WebLinkAboutAGENDA REPORT 2024 0904 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 4, 2024
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
E. Consider Rejection of Claim from Marlborough Moorpark Homeowners
Association. Staff Recommendation: Reject the claim and direct staff to send a
standard rejection letter to the claimant. (Staff: Carolina Tijerino, Human
Resources)
Item: 10.E.
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Carolina Tijerino, Human Resources Manager
DATE: 09/04/2024 Regular Meeting
SUBJECT: Consider Rejection of Claim from Marlborough Moorpark
Homeowners Association
BACKGROUND
The City received the above referenced claim on July 10, 2024. A copy of the claim is
provided to the City Council under separate cover. The claim was forwarded to the City’s
Claims Adjuster, Carl Warren & Company (Carl Warren), for review. Pursuant to
Moorpark Municipal Code Section 3.14.060, t he City Council has sole authority to allow,
compromise, or settle claims for an amount in excess of $50,000.
DISCUSSION
The stated reason for the claim is the Marlborough Moorpark Homeowners Association
(HOA) is requesting compensation from the City for costs related to water, electricity,
landscaping, planting, tree and bush trimming, walkway installation, lighting, and general
maintenance. The Declaration of Covenant, Conditions, and Restrictions dated April 28,
1980, for Tract 3096 outline the easement and maintenance responsibilities of the HOA
over Monte Vista Park. Based on the facts and circumstances surrounding the claim,
Carl Warren has recommended that a standard rejection letter be sent to the claimant.
The claim submitted for this incident is in excess of the City Manager’s $50,000 authority
provided under the Moorpark Municipal Code, and therefore City Council action is
required to formally reject the claim.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
There is no fiscal impact associated with rejecting this claim.
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Honorable City Council
09/04/2024 Regular Meeting
Page 2
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive .
STAFF RECOMMENDATION
Reject the claim and direct staff to send a standard rejection letter to the claimant.
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