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HomeMy WebLinkAboutMINUTES - 11042003 - C37 C.37 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on November 4 2003 by the following vote: AYES: Supervisors Gioia, Uilkerna, Greenberg, Glover and DeSaulnier NOES: None ABSENT: None ABSTAIN: None SUBJECT: Claims C.37 DENY claims of Hury Thornton; Geico Direct for: Kenneth Owens; Jessica Niederer; Scott Carter, Gretchen Carter and Mary Bradshaw; and Alfredo Martinez and Elia Escobar and their children. (All Districts) IT IS BY THE BOARD ORDERED the claim filed by Scott Carter, Gretchen Carter and Mary Bradshaw be REMOVED from consideration for four weeks;and DIRECTED the time frame for claimant to file in court be extended six months; DENIED are the claims of Hury Thornton;Gelco Direct for: Kenneth Owens;Jessica Niederer;;and Alfredo Martinez and Ella Escobar and their children. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED_ �`' Sohn Sweeten, Clerk of the Board of Supervisors and County Administrator B Y .tri"f ,�f ✓ C` '� Deputy t "hare-June0oardOrders 20031101403 Corr REQUEST TO SPRAX FORM (THREE (3) MINUTE LIMIT) Complete this form and ,place it in the box near the speakers' rostrum before addressing the Board, Name: , - C AR rY-4 Phone: Address: _tares - l / }, .� 7 City: 1Y1 I am speaking for myself or organization: (name of organization) CEECX O I wish to speak on Agenda Item # C- 37 Sete: My comments will be: general for against I wishtospeak on the subject of I do not wish to speak but leave these comments for the Board to consider: REQUEST TO SPLAX FORM (THREE (3) MINUTE LIMIT) Complete this form and; place it in the boss near the speakers' rostrum before addressing the Board. Name: �a r � ,� �...�.... Phone r 7 Address: f City: ' I am speaking for myself or organization: (nmae of arp"Ustion) C" CX ONE I Nish to speak on Agenda Item # A mate; My comments will be: general for , � aga�nst X. I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. MM - CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTIONPO ER 4, 1003 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors, (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". NOTE: CLAIM PREVIOUSLY' ACTED UPON ON AMOUNT: $13,845,57 DUNE 03, 20103 - ATTACHED. CLAIMANT: SCOTT CARTER GRETCHEN CARTER ATTORNEY: MARY BRADSHAW DATE RECEIVED: OCTOBER 15, 2003 UNKNOWN ADDRESS: 621 A QUINAN STREET, BY DELIVERY TO CLERK.ON:OCTOBER 15, 2003 PINOLE, CA 94564-1620 BY MAIL POSTMARKED: OCTOBER 10, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: OCTOBER 15, 2003JOHN S W EE EV lerk By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supe 1sors This (� claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( Other: ;�4..+i-.^t,.^�i' t':.A. 'c i�w4 is- ti ti} .✓ C.N 'T.+^ '6"K,.FI. -,tlj 7 j Dated: f � By: >` -g_.r� � �� �� � - County Counsel III. FROM: Clerk of the Board TO: County Counie# (1) Couro" dministrator (2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV/BOARD ORDER: By unanimous vote of the Supervisors present: (y'} This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: NOVEMBER 04, 2003 JOAN SWEETEN, CLERK., By , Deputy Clerk WARNING (Gov. code section 913) Subject tp certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the m fil to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited in the United States postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: NOVE�MER 05, 2003 JOHN SWEETEN, CLERK.By Deputy Clerk OU CattzT, gtdafwA L. %tztj 4"" ' 1a GIT 621 c4-Q&wn.eS£ • �d-%wL • C.94564 -ffL-: (510) 741-9500 • faxr (510) 741-9595 OCT 2003 October 10, 2003 UIky [ /- ) RIK y''v�3'{{t.I fi 1343 r-LE:Y�i V iJ Board of Supervisors County Administration Building 651 Fine Street,Room 106 Martinez, CA 94553 RE: Property Owners' Revised Claim for Negligent Removal of Sewer Line Connection to 4661 SAN PABLO DAM RD. in unincorporated El Sobrante Dear Board of Supervisors: We are requesting reconsideration of the enclosed claim made April 30, 2003, and denied June 3, 2003. We believe the situation was not adequately explained previously to the persons making the decision. Based on successful negotiations with the contractor who installed the missing sewer line for us, the final bill was reduced to $13,845.57. We believe the County's liability is clear in this case because the County's contractor removed the sewer connection for the house at 4661 San Pablo Dam Rd. and never reconnected the line after the County installed a new storm drain in San Pablo Darn Road adjacent to the property in the fall of 2002. Please see the attached expanded statement of the problem for a more detailed explanation of the events leading to this claim. We are informed by the Board action mailed June 4, 2003 that we have only six months from that date to file a lawsuit. We are requesting an audience with the appropriate individual or body to further explain the content of this claim so that a resolution can be reached without the necessity of litigation. Mary Bradshaw, who owns an undivided % interest in the above property, is over 70 years old. Because of her age, an early resolution to this claim without having to litigate would very much be appreciated. Sincerel r Cott Carter Gretchen Carter Mar4radshaw Owners of 4661 San Pablo Dam Rd., El Sobrante Statement of the Problem regarding 4661 San Pablo Dam Rd., El Sobrante In the summer of 2002 the County's contractor used heavy equipment to dig a trench along the edge of San Pablo Dam Road including in front of our property at 4661 San Pablo Dam Road. The purpose of the trench was to install a new storm drain. During the course of trenching,the sewer connection for the property was severed and never replaced. The problem was not immediately apparent because underground leaks in the sewer line apparently leached enough fluid into the ground. Ultimately, the tenant began to experience slow drainage and sewer back ups in the house at 4661 San Pablo Dam Road. This finally resulted in sewer spillage under the house by the end of January, 2003. Following numerous visits by Roto Rooter to try and clear the sewer line, the true reason for the sewer not working at the property was eventually discovered. The connection to the sewer line in the street was no more. Because our sewer line was cut and removed by the County's contractor,there was no way for the sewage from the house to exit the property. The solids having built up in the pipes caused Roto Rooter to conclude we had a crushed pipe. So they dug up and replaced much of the pipe finally leading to the street and their discovery that there was no connection to the County sewer system. The recurring sewage back ups created a terrible problem for the tenants and caused $13,845.57 in damages to us as money paid to Roto Rooter for all of its work including the costs to reconnect to the County's sewer system. None of this expense would have occurred had the County's contractor not severed the sewer connection in the street. The County should reimburse our costs in the amount of$13,845.57 because the County did this to us and there was no fault on our hart. We believe the County's liability is so clear that we shouldn't have to file a lawsuit to force the County to do the right thing. Cevsed laim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY` IN=UCTIONS TO CL,AD.,ANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31i, 1987 , must be presented not later than the 1.00th day after the accrual of the .cause of action. Claims relating to causes of action for -Meath or for injury to erson or to pers©nal property or growing crops and which accrue on or after Jarauary It 1988, must be presented not later than sit months after the accrual of t ile cause of action. Claims relating to any other cause of action mast be presented not later than one year after the accrual of the cause 'bf actio. (Govt. Code §9111 .2.) i B. Claims must be filed with the Clerk of the Board of Supervisors at its .office in Rest 106, County Administration. Building, 551 Fine Street, Martinez, CA 4553- C* If claim is against a district governed by the Board of Supervisors, rav ler than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claim must be filed against each public entity. 1 E. - ,Fraud; Seg: penalty for fraudulent claims, Penal Code Sec. 72 ay t;he end; of .1,hl forrtz. W. RE: - a'im y Scott Carter Reserved for Cl rd's filing stomp Gretchen Carter } Mary BradshawCo-Owners of t 4661 San Pablo Ilam Rd. , El Sob,rarylt:e . Aga ZlS the t nty' of Contra Costa } 7 O C T 1 z 2-003 1 i District} Waw X A il.l , +� vised The undersighed'cl.aima,nt hereby makes cairn against the County of Contra Co�ta or the above-nod District in the sure of 13,845.57 and in s pport of this claim represents as follows: 1. When slid the damage or injury occur? (Give exact ,date and hour) J,t�a .A. r.n e 2. Where did the die 'or injurY occur? (Include city and county) I I 3. How did the damage or injury occur' (Give full details; use extra paper if required) j See attached Oheet . Whet particular act or omission on the part of county or district offi. ers, servants or .eaztplOyees caused. the injury or damage? See attached sheet . I i 5. Wnat are tre nares of county or district officers, servants or employees causing the damage or in"u y? See attached sheet. _ . ,._..___ ---r..,..-.--- .-.---_-_.- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or, damages claimed. Attach two estimates for autos damage. See attached sheet. 7. HOW was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) By adding up the attached bills. s� pNa--es and addresses of Witnesses, doctors and hospitals. Robbie Rodgers add Bob Zamaroni of Roto Rooter (510) . 544-6043 and other workers whose names are unkown to us. No known illness or personal injury at ,this time. 9. List the expenditures you rade on account of this AMO NTnt or injury: DATE ITEM See attached sheet acid copies of invoices. Gov. Code See. 910:2 provides: "The claim must be signs the claimant. SEND NOTICES TO: Nanaai or some rson f." Ygm— Ed Address of managing owner ° Gla t s ignature Scott E. Carter 621 A Quinan Street 621 A Quinan St e Pinole, CA 94564-1620 Address Pinole, CA . 94564-1620 Telephone No. (5107) 741-94010 1 Telephone No. N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or Officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bila., account, voucher, or writing, is punishable either by imprisoriment in the county Jail-for a period of not more than One yeas, by a fine of not exceeding one thousand ($I t'000) , or try bcanootth such exceed exceeding te�h thout, and sand dollars ($10,000s oimprisonment-`in the state prison, by a .fine of n both such imprisonment and fine. .................................................................................... _._..... .................................... __ Additional Information on Claim By Scott Carter, Gretchen Carter and Mary Bradshaw 3 and 4. The damage occurred when the County's agent, Ghilloti Construction,trenched for a new County storm drain, cut off the sewer line to the house at 4661 San Pablo Dam Road., El Sobrante, laid the storm drain and refilled the trench and re-paved the road without having reconnected the sewer line that goes to the house. This caused the sewer to back up to the house and leak through a broken pipe under the house. Roto rooter was called out on January 27, 2003 and fixed the broken pipe, believing that would solve the problem. Then on February 22, 2003 Roto Rooter was called again when the tenant complained that the tub was not draining . Over the next eleven days Roto Rooter attempted to clear the line, first replacing a pipe they believed had an impassable blockage, finally concluding the blockage was in the street. When they dug the hole February 26, 2003 they discovered there was no connection between pipe leaving the property and the County's sewer line. Further investigation revealed the pipe terminated at the point where the new storm drain passed by. After communicating with appropriate agencies and authorities, approval was obtained to connect the sewer to the main truck line deep in San Pablo Dam Road. We believe none of this work would have been needed and other defects would not have been discovered,had the County's agent not totally blocked off the sewer line from the property. 5. Unknown to us. However, we have been informed that the contact person at Ghilloti Construction is Ralph Ardito (415) 256-1530. We were told the job site foreman was Manny Morales (707) 953-9609. We are informed that the other parties who may have information or responsibility are Chuck Dampier of Harris and Associates and Bob Figorni of the Contra Costa County Department of Public Works. 6. We were prematurely required to replace sewer lines on the property which naturally occurred as part of the trouble shooting phase to find the real source of the problem. We had to pay for the trenching and installation of pipe to bypass the County storm drain and connect to the sewer trunk line. The total cost of all of this work was $13,845.57 9. See invoices attached for details. Prices reflect actual payments to Roto Rooter. 01/27/03 Roto Rooter $ 475.37 04/21/03 Roto Rooter $6,000.00 04/08/03 Rota Rooter $3,000.00 05/14/03 Roto Rooter $3,725.00 02/23/03 Roto Rooter $ 276.40 02/22/03 Roto Rooter $ 368.80 Total: $13,845..57 660# Owens Drive,Suite 2:30 : _. --�, E'leasantc`•n,wR 94588 E 925-475-6254 Fax:925-467-0545 INDUSTRIAL - RESIDENTIAL _ COMMERCIAL - MUNICIPAL Invoice #; A--2659-03 Inv. Date: 01127103 FED ID 94--3055938 PIO # NOT REQ SUBURBAN MANAGMEN`T' i GRETCHEN CARTER 4661 SAN PABLO DAM RD EL SOBRANTE CA 94803 Service at; 4661 SAN PABLO DAM RD Ordered by: 4" SEWER TINE BROKEN TINDER HOUSE HAD RAW SELVAGE. 41' CAST 440.25 IRON' DROPPED 9 END AND OTHER SIDE WAS TOO HIGH DUG A 4" SECTION AND LOWERED. PARTS 32.44 SUBTOTAL 472. 69 TAX 2.68 TOTAL $ 475.37 hirinYou! ALL INVOICES ARE DUE O71V RECEIPT if not Palo within 30 days following the date indicated above,a service charge of 1 V2%per month wilt be charged on overdue accounts,which is 18%annually. In case suit be invoice, purchaser agrees to pay reasonable attorney fees to be fixed by court_ rer.,os;tmended is enforce payment of any sum due under said Please use back for any comments. Please Detach and Retgrn with Your payment ........................ P.O.Box 10637 — Pleasanton,CA 94588 14800TE 510-483-2324 Fax:925-467-0545 INDUSTRIAL - RESIDENTIAL - COMMERCIAL -MUNICIPAL .Invoice #: D--1773-03 Inv. Date: 04/21/03 FED ID 94--3055938 SUBUR.B2Ai1i MANAGMENT GRE T CHEN CARTER 4661 SAN PABLO DAM Rs'-7. EL SOBRANTE CA 94:803 Service at: 4661. SAN PABLO DAM RD Ordered by: ROBBY/GERTRUDE REPAIR JOB REPLACED SEWER LINE FROM FRONT OF GARAGE OUT TO 6000. 00 BACK OF SIDE WALK BY TRENCHLESS METHOD.INSTAT:LED NEW 4" TAP ON #A/C TRUNKLINE LEFT DEEP TN STREET. SUB'T'OTAL 6000.00 TOTAL 6000.00 Thank You! ALL INVOICES ARE D UE ON RECEIPT if not paid within:30 days fofiowing the date indicated above,a service charge of 1 112%per month will be charged on overdue accounts,which is 18%annually.in case suit be recommended to enforce payment of any sum due under said invoice, purchaser agrees to pay reasonable attorney fees to be fixed by court. Please use back for any comments. Please Detach and Return with Your Payment SUBURB--I MANAGMENT GRETCHEN CARTER Invoice #: D-1773-03 4561 SAN PABLO DAM RD Inv. Date: 04/21/03 EL SOBRANTE CA 94803 4661 SAN PABLO DAM RD .BALANCE DUE: 6000.00 ,W0 — P.O.Box 10637 Pleasanton,CA 94588 P.O.Box 10637 Pleasanton,CA 94586 ROOTEAVO 510-463-2324 Fax:510-544-6036 INDUSTRIAL - RESIDENTIAL - COMMERCIAL - MUNICIPAL Invoice #: D-665-03 Inv. Date: 04/08/03 FED ID 94-3055938 SUBURBAN NANAGMENT GRETCHEN CARTER 4662 SAN PABLO DAM RD EL SOBRANTE CA 9480.3 Service at: 4662 SAN PABLO DAM RD O-rdered by: CARTER GRETCHI REPLACED SEWER LINE FROM FRONT OF GARAGE OUT TO BACK OF SIDE 2547 .31 WALK BY TRENCHLESS METHOD.APPROX 45' .INSTALLED NEW 4" TOP ON A/C TRENCHLINE.1 i ' DEEP IN STREET. PURCHASE ORDER 32 .40 PURCHASE ORDER 66.57 PARTS 319 .22 SUBTOTAL 2965 . 50 TAX 34.50 TOTAL $ 3000.00 If not paid within 30 days following the date indicated above,a service charge of 1 1i2°/b per month will be charges on overdue accounts,which is 18%annually, to case suit he recommended to enforce payment of any sum due under said invoice, purchaser agrees to pay reasonable attorney fees to be fixed by court. Please use back for any comments, SUBURBAN YANAGMENT Tease Detach and Return with Your Payment GRETCHEN CARTER Invoice #: D-665-03 4661 SAN PABLO .DAM RD Inv. Date: 04/08/03 RL SOBRANTE CA 94803 4661 SAN PABLO DAM RD BALANCE DUE: 3000.00 HOW— PQ.Box 10637 n fn ! =`µ CD C> N ",4 cr - : �, X P of ;n H as } E-4 tO ra w 1 u 0, tL a I f 1 tL ;4 E-+ to 1 1 LU b to } mw E4 C? l fl r t Rr 0 en gyz W W ctij t+ f 1 j -ISA � W m� <4m Y � !! w E-Ai 1 ,- E-i tO H I a � .,. J I 1 f Ul 1 ( J I I E-4. E-4 c , I H � EHJ I } i . Matf 30 03 08:37a p« � JIG" 4"llE — PO.Box !0637 Pleasanton,CA 94588 510-483-2324 Fax 510-544.6036 rIVt U- 'TRIAL - RES'0F-NTtAL .. COMMERCL+iL MUNICIPAL Invoice #: B-1989-03 Inv, Late: 02/23/03 FEL ID 94-3055938 P/O # NONE SUBURBAN MANAGEMENT ATTEN--GRETCHEN CARTER 621A QUINAN ST PINOLE CA 94554-1620 Service at: 4551 SAN PABLO DAM RD Ordered By: CREAT'HEN ATTEMPTED TO CLEAR CTOGGED SEWER FROM CLEAN OUT UNDER HOUSE. 345.50 OWNER CAVE PERMISSION OVER PHONE TO LOCATE. LOCATED BREAK IN DRIVEWAY. WILL HAVE ESTIMATE ON ?MONDAY. 05/29/03 Adjustment -69.10 SUBTOTAL 276.40 TOTAL $ 276.40 Mank You! it not 38itl within 33 d7s foiftywing the date indicated above,a service Charge of 9 7f2%per month Will be charges can G 8r$u9 accourzEu,whims is i83c annual #n be recommended to enforce payment of any sum due gender said invoice, purchaser agrees to pay reesonab#e alts,which fees bx tea axed by court. �'� C3S8 suit Arte-se use back for any comments. SUBURBAN MANAGEMENT Please Detach and Return w`sth Your Payment .? T E,N�--GRE""ChEN CARTER Invoice #: 5-1.989-03 621A QUINAN ST Inv. Late: 02/23/03 PINOLE CA 94564-1620 P/O # : NONE 4661 SAN PABLO DAM RL BALANCE DUE: 276.40 PCO.Box 10637 Maw 30 033 08:37a P. 3 PO.Sox 10637 Pk=antw,CA 94588 510.483-2324 Fax-510-544-6036 INDUMIAL - RESIDENTIAL - COMMERCIAL • MUNfCIpAL Invoice #: B-1953-03 Inv. Date: 02/22/03 FED ID 94-3055938 P/O # NONE SUBURBAN MANAGEMENT ATTEN-GRETCHEN CARTER 621A QUINAN ST P INOLE CA 94564-1620 t Service at: 4661 SAN PABLO DAM RD Ordered by. GREATHEN ATTEMPT TO CLEAR LIEN STOP WORK PER OWNER.RAN EVERYTHING 461.00 FOUND LIFE TO BE BROKEN NO GUARANTEE 05/29/033 Adjustment --92.20 SUBTOTAL 368.80 TOTAL S 368.60 Thi.Cl i. You! ALLif 1'V01C•r.T ARE D+✓.G'.OAT R,ECEP r l. #!nOt MCI nftn 30 days ft7"uV ft data indioatW abow,a"ry6 taw"d 1 112%W rvw*.is wM be to TeC*fr Meft e.d tit Cn#prCti Payffwnt 01 omy scuts due under S" Invoice, pUrttU w agrees an ba�utbta +v llch�18'X y,fixed t it ay aftorney Phu**U"baw*for any ppm court pleaw Detach and Return with yaw payment SUBURBAN MANAGEMENT ATTER-GRE CHEM CARTER Invoice #: B-1953-03 521A QUINAN ST Inv. Date: 02/22/03 PINOLE CA 94564-1620 P/O # NONE 4661 SAN PABLO DAM RD BALANCE DUE: 358.80 'QTO- "rJ"OoPMR. PO.Sox 10637 ■$b■ }ƒ 0 CL . : >; i2 sa■ � (A Ao _� . � \aa ' � k2/ Wim / � . . � .. o � � AM « . :