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F. On August 29, 2013,and September 6, 2013, heavy rain storms hit the City. According <br /> to some calculations,these storms approached or exceeded 200-year storms. Regardless of the <br /> characterization of the storms,the storms were in excess of the capacity of the combined system and,at <br /> least in some places,the separated system as well. Consequently,some houses and other buildings <br /> experienced back-ups and flooding, resulting in property damage. As of the date of this resolution, <br /> claimants have filed numerous claims with the City Clerk for such damage. <br /> G. The City has strong legal defenses against these claims,for at least the following <br /> reasons: <br /> 1. Due to the nature of the storms,the storms constitute an "Act of God." <br /> Further,the policy decisions in connection with the capacity of the City's sewer and stormwater systems <br /> and whether to finance and build capital projects are discretionary decisions that cannot subject the City <br /> to liability, in accordance with the "discretionary immunity" doctrine. <br /> 2. Some claims concern damage to improvements that were not built with <br /> required building permits. <br /> 3. Some claims concern damage to improvements not allowed under the City's <br /> zoning code. <br /> 4. Some claims concern situations where the claimant was required to have a <br /> backwater valve pursuant to the EMC 14.08.180, but claimant did not install it. <br /> 5. Some claims concern property damage that arises at least in part because of <br /> acts or omissions of the claimant. <br /> H. Recognizing the unpredictability and expense of litigating these claims,the City Council <br /> has determined, upon the recommendation of the Mayor,to authorize the Mayor to direct City staff to <br /> compromise and settle the claims, in accordance with this resolution. As with the settlements on claims <br /> paid after earlier storm events in past years,the City does not admit or otherwise acknowledge liability. <br /> I. Also in connection with the recent storm events,the City Council has determined that <br /> (1) in conjunction with the update of the City's comprehensive sewer plan,the City Council should once <br /> again revisit policy decisions regarding system capacity and the costs to increase system capacity; (2)the <br /> City should require properties within the proposed Sewer M project to install backwater valves at City <br /> cost; and (3) City staff should prepare,for City Council's consideration, a policy on how the City should <br /> respond to future storm events . <br /> 2 <br />