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CITY COUNCIL AGENDA ITEM NO. 26

Meeting Date: May 13, 2003

Subject/Title: Reject the claim presented by Brenford Coulter

Submitted by: Karen Diaz, City Clerk/Director of Administrative Services

Approved by: John Stevenson, City Manager

RECOMMENDATION
Reject the claim submitted by Brenford Coulter as recommended by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney.

BACKGROUND
Brenford Coulter presented a claim in the amount of $4,995 for an incident that took place on December 17, 2002 at 5:00 p.m. at the 4600 block of Balfour Road. The claimant stated that he was turning off Balfour Road into the mobile home park and that it was raining. His 1999 Mercury station wagon was flooding in the engine and passenger compartments. The claimant alleges that it had been raining very hard and the City drain became clogged. He claims the water was deeper than it appeared.

According to a report by Public Works staff, on December 16, 2002, at 4:15 a.m., they received a call from the Brentwood Police Department indicating that flooding had occurred on Balfour Road. Upon arrival at 4:30 a.m. on Balfour Road, Public Works staff noticed cones had been placed across the road by the Police Department. They also noted that some barricades with “flooded” signs were placed by the cones.

Public Works staff also mentioned that they saw a burgundy-colored station wagon come through the cones and flooded signs and drive through the water. After noticing that the vehicle had stalled, they informed the motorist that he could not proceed due to the road being blocked off. The response was “Well, I live in the mobile home park”.

The flooding was caused by a cement wall that a developer left in the storm line. A silt bag and about two yards of debris were also in the pipe due to the cement wall. City staff had Delta Excavating remove the wall the same day.

FISCAL IMPACT
No fiscal impact at this time.

City Administration
City of Brentwood City Council
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E-mail allcouncil@brentwoodca.gov