HomeMy WebLinkAboutMINUTES - 03062007 - C.26 (3) CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: FEBRUARY 27 , 2007
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 )
California Government Codes. The copy of this document mailed to
You is your notice of the action taken
on your claim by the Board of
Supervisors. (Paragraph IV below),
H S"n f..�
l,1 11 � t i° I `g.'ven Pursuant to Government Code
ction 913 and 915.4. Please note all
AMOUNT: $54, 590. 00 ;�� .�1A''1 �:� �' " . �.:;°`..�s
E�Etl armngs .
CLAIMANT: RICHARD KELLY COIJ4TYCOUNSEL,
61ARTI1tiIE Z CAL.IR
ATTORNEY: WILLIAM L. GONSER DATE RECEIVED: -JANUARY 24 , 2007
ADDRESS: 3717 MT. DIABLO BLVD. , BY DELIVERY TO CLERK ON:JANUARY 2A, 2007
SUITE 220
LAFAYETTE, CA 94549RECEIVED FROM
BY MAIL POSTMARKED: COUNTY COUNSEL
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: JANUARY 24, 2007 JOHN CULLEN, l
By: Deputy
I1. FROM: County Counsel TO: Clerk of the Board of Suf ervi ors
O 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).
(V)-'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:
Dated: / By: Deputy County Counsel
III. FtOM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( a Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( ) This Claim is rejected in full.
O Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: JOHN CULLEN, CLERK, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions,you have only six(6) months from the date this notice was personally served
or deposited in the nail to file a cont action on this chAn.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
1 declare under penalty of perjury that 1 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 cope of this
Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: �y _,^1110 HN CULLEN, CLERK By eputy Clerk
I
SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. 5
item 4 if Restricted Delivery is desired. /n\ 121 ent
■ Print your name and address on the reverse (J
11 Addressee
so that we can return the card to you. B. geceivd b (Print me) C. Date of Del've
■ Attach this card to the back of the mailpiece, In I
or on the front if space permits. 1 V
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑No
Office County Counsel IAN 2 2 2o07
Contra. Costa Co.
651 Pine St.
Martinez, CA 94553 3. Service Type
V Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
z. Article Number
7004 116 0 0007 516 9 0232
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
WILLIAM L. GONSER
ATTORNEY AT LAW
3717 MT. DIABLO BLVD.,SUITE 220
LAFAYETTE,CALIFORNIA 94549
rn
TELEPHONE(925)299-9199
FACSIMILE(925)299-0425 c./q
'V
ctF9coog9p 2 4 1?
00,
January 18 , 2007 certified mail - rr
/s�9S
Office of County Counsel
Contra Costa County
651 Pine Street
Martinez , CA 94553
Dear Sir or Madam:
I am writing on behalf of my client, Richard Kelly, who
lives at 52 Evergreen Drive, Orinda, Contra Costa County,
California.
Mr. Kelly has a claim resulting from a ruptured pipe on a
common easement he shares with three other individuals .
I am enclosing a copy of a claim we previously submitted to
the City of Orinda with relevant detail attached.
The City of Orinda has taken the position that they did not
agree to accept the maintenance of easement from the County.
It has recently come to our attention that the County may
well be responsible for maintaining the easement and thus, I am
submitting this claim to you on behalf of Mr. Kelly.
If there is an additional claim form you wish me to
complete, please send that to me at your earliest convenience.
Very truly yours ,
WILLIAM L. GONSER
WLG:smd
cc : Richard H. Kelly
NOTICE OF CLAIM,40AINST TIR CITV OF ORI
( NDA, CALIFojMjA
RETURN TO: City Cie,* G"11113ent'Code Sections 910,910.2)
City Of Orinda
-
P.O, Box 2000
14 Alt8rinda Road
Orinda, CA 94563
(925) 253-4221
Claimant's Name:
KELLY
Lost --------------_ RICHARD
Claimant's Address. H.
52 Evergreen Dr-
rinda Street
City CA
94563
(925) 254-7161 State
L
AHID;me�Phone �UMb:r —--------
Name and address of person to Whom notice$ Wok
address Provided above -egarding this Claim should be sent(if different than
--WilliarR L. Gonse—r llhould be sent to claimant the 11anle and
3717 Mt. ......Diablo Blvd. and his attorney,
2 20, Lafayette, C
A 945
commenced on
Date Of the accident or OccUlTenee: Occurrence or about 01/01/06
Place of accident or occurrence:
Cross-streetsoccurrence at 52 Evergreen Dr.
ifaPplicable:
General description Of the accident or occurrence(attach additional Pages if more space is needed).
-------See -a-t-_tached statement of Cla
d 1-mant and
see attache
Gon8�er
7-----`���s�tatement Of Mn L
---------- --------
Names, if known, Of an1. Y Public employees causing the i
Mury Or loss: n/a
3.
4.
Names and addresses Of witnesses: n/a
.Address Phone
2.
Names and addresses o.fdoctors who treated and hospitals where injured were
treated (if applicable): n/a
1V8IriC
•_� Address
_ Phone
General description of the loss in ����`—�`------
ju y or damage suffered:
Total amount claimed(in dollars): $ 54,590.00 -�—
The basis of computing the total nmol------------cl d is as follow;a; Co
Of Statements Attached]
Damages incurred to date:
Property Damage & Related Items
V0VCAy*P0(11AVs:
Lb�a/o�f'kalrif' $ _
fir: $ _Ev nflow Pte_
���� Evenflow Plumbing 1/5/06~$ 1,290.
a g f/19706 46,200.
b�`----- $ Expert Tree Serv. 1/24/06
C.
^------ $_gvarY. L.S. 276F66—
6,500.
d• $----___ toto 54,590.
C4
Nttaco ;elf ofdocwmPnrs which sub,stnntictte ahlvunu` .....
�—
----
I/Wo, ttie undersigned, declare under penalty of perjury that Ilwe have read the foregoing claim for
and know the contents thereof; that the same is true of Amy/our own knowledge and belief, save and except as to
those matters wherein stated on information and belief, and as to them,.I/we believe it to b daanages
DATED: a true.
— _
Signature of
Signature ofuf clvitnant `---- --.,---_—
REt".$INFO in the City Clerk's office this
day of --120
Signature of City Clerk or official City representative receiving this claim
FFOR CLAIMS RELATED TO INJURY TO PERSON OR PFPERTY, TIES FORM MUST EE FILEDVVI'THTHECITY OF RSONAL
HIN SIX MONTHS FROM THE ACCRUAL OF THE CAUSE ORINDA
A CLAIM RELATED TO ANY OTHER CAUSE OF ACTIONOF ACTION.
PRESENTED NO LATER THAN ONE YEAR AFTER ACCRU SHALL BE
AL OF THE
CAUSE OF ACTION.
very big 1,o".
Arrx.rnd the fiat 01ftyear after way head Our*19 doper to our corr�mon driaie on thO$idQ of house. Mel nCrtiC�9d water is tiro ,lit of 1 grill N rd br�, }� }tW y y�+t1
t wAsn't starer wham the water was o�aming frcam. In checking, I determined it wasn't wetter fa cart our system, hOUse,
pool, or watering
10916d lie City of orinda, Public Works 0"P artmern and talked to Mr, Tod Fierner, Public SIV
oft He carr*carat thq+s rU3art rrbarrting andInspr�ear.
stew was kir + et.sd that the 16" drainage pipe that ran from the top of the hill to a culvert by the
I tiara, and t119 payee was Pfft bly broken. Drawings shad a drainage easement at apprOximately thae
pipe
Thome W88 aoMe erosion on the side of th o hill wtrsre gle water wss erupting fi`w m the ground. Thee
the slope to the WI'm rron dnva. ;�oane Of the water W8.8 flowing over the ourb on the drivews and running� � F�tSorra
Of rifle driven renal also ,scar �vstsar running dawn
WOW fa m the look or mak in thq ! the drive into my neighbors yard causing smsi;n next o t is pa g teahe uiver
soak'ng the P writ$ flawing c7rt the ground neat to the common arrive causing SOMI a erosiory and
r'g i' ts of a number or tcs ,s.
Tod iFi%Tws 8$ftament was that in orcier to"act
Problems a�ti0n 6hould be takers. He€aft that theJarggytrees at�well ctdaea n� e�
roots�iP E1--tries from
further
er�isiears r�r other Jia�l�ility
wrtlaened by"A ax sive eater. morn of tiva 51ca wOm in jeopardy of falling due to thae
T'*d rewrrrrm ori that w�Ppe conteet EvOnflOw Plumbing to find and fix the prestalem. I agreed, ife�Il�,c!
pn3blem, and gave them my nasnie. hie.said that they were e v them, sxpltsined the
a+Y rdlxdta3bFe r etractor and that the City had!ss tlxtiara.
Oev sw carne W and sugge,%W that they dog ear and find the leak or break. I asgread and T
After dil,Ving q n same 10 tot2 feet Pvearsflc�w determined thast the od c:pncurreci.
cl 'a y or little ftrdaiw €�aad theft all 9 o Leet i PIPG was not only broker,but also that it was rant capat,le
authorized tnem to do the work. This wras �'ra should t reptr ad. Tod agreed with this a�sarreast. I then
appr`o�tiaryataFyr.l2tnuary 1g.
ft was Oleo neatea that thadr+e vaere f0Ur lard pine trues and one oak fmte that n e
Pipe and'notalltrtfl ft nOw PiM Could f'Jrthaer ekan their leael to t9�A caU30 the t rL alcoves as rerracavir the broken
daatM090 to minas and Mr" likely oth•w prt►peaties. Tod Herne pea:aj!possibly
t the trees d�alll auSith additiorsal party
tall and crams neighbors,pMperty and hornes. they Would most likely
Everrfiow t0rftct8d Expert"free Sorvice ret
erg to therm by"f'od FierrlBr, w
di
who iisdio�at�t tM��they alsoalsotiwork for the Clay.
The tri viers removed and the 140 f of gripe wss replaoae�. Both e°�ntraot�,r-s visite paid in toil around�
[?ams�e has clone its to car>ci of•liar<uary.
damage, ' ' la s watering zdystrsaa� I will n00d to have vtork dotle tlsis sprirlp to repair ittiis
Tod Fien>cer wgs very helpfulandattentive to this p%+act, hie visited t4� ' a'
CONraCtOrfi he would grit there all peMi is that might be rewired. Site on a regular 1`�asl . lids atso aSSUred the
He also had his Supervisor IIA" bowery, Orindda Ptblic WO kq Director, visit the site.
dOnO with Tod Harrier them all COUrety and City drewings that. I Mad seen sherd
epprts� e i+ tsn eaf the 16-i F paintact eptai to i'alFr. Lcan�r�r, es I had
rich drainage pile, a 10400 drainege easement at the
It "Snit water from IT1y party am It W�$rl't
r it!rvaera ad by the City)to potential OPO or drainage ea rnent. Fiawever, P did wria�t h to done (are
a n a potential Potentially made
a C q j:gt, y, Land also protect rete frOrn any liability I might tar's for not��ting
I�+blem that 6 had haeeri n�rde,fie,,�,
WILLIAM L. GONSER
ATTORNEY AT LAW
3717 MT. DIABLO BLVD.,SUITE 220
LAFAYETTE,CALIFORNIA 94549
TELEPHONE(925)299-9199
FACSIMILE(925)299-0425
March 20 , 2006
City Clerk
City of Orinda
14 Altarinda Road
Orinda, CA 94563
Re: Claimant: Kelly, Richard H.
Dear Sirs:
I represent Richard Kelly of 52 Evergreen Drive in Orinda.
I know that the City is familiar with this claim.
It would be appreciated if you would process this claim and
let both Mr. Kelly and me know of your conclusions.
If you have any questions , please let me know.
Very truly yours,
WILLIAM L. GONSER
WLG: smd
EVENFL 0W PL U IB fNG Co INC.
2035 National Ave. Unit B, Hayward, Ca 94545
LIC # 73.jggo
Phone # S.,((I/782-364'9 Fax #5107,92.6927PRo�os.at.sUI�MITTtin To
RiCjgKell DATE
STREET ADDREss Janu 5, 2006 p a A
52 Evergreen larive PHONE.
clTY,sTA�— 925/254-7161 -
Orinda Ca 94563 S'I ART DATE' APPROX-c..oMPLL'rl(')-N pgTU
CaC)SS STREET ---�--
Tara 109 TYPE. USAN
Wii PROPOSE THE FOLLOWrNG WORK:
0per1 trench approximately one four f001 section Of`12 inch storm sewer
exposed. This estimate includes parts and marl labor. line. We will inspect existing pipe Once
Job Total; $1,290,00
Note, Uadditional work is needed over and above this contract scope and or specifications an additional
estimator will be submitted to the property owner for prior approval.
tyotial
WE PROPOSE WGRE9Y TO FURNISH MgTERIAL AND LABOR,COMPLETE IN ACC'ORD.ANCI;WITH AyNE SPECIFICATIONS.r'Op`T}{'GF:
Thousand Two.Hundred Ninety DoUat� and Zero Cents
itr
%111D o111M ATAi1?TO e�A[ApJE AS F�o1 LOWS, ""-----
A:1 material is guarnttW to bo as specifiod All work to rnplct�e nA��r��x_ EIE'R!N�t�"i'16TE[f?tl -
Workmanlike manner ec B P y
cAadin to standard Practices. An alteration or deviation Awhprized
Gem above Specifications involving extra costs will be executed only upon �igrutturc
written crders,and will become yn Oxtra Charge over wtd Shove the a only
ic. All
W omenta contingent upon strikes, aeddenta Or delays heyand our control ..._ —_
C)wner to carry neces
nce
WOrkrtan's Contpensatic�rtsurance. Ow workers are frilly covered by Note:This proposal ay be withdrawn by us if not accepted Aithrn I_day,
P pgsal m
NOTICE
We will start this job tmmediateiy due to the emergency nature of ncc job
"Under the Mechanics'Lien Low(Cali femia Code of Civil Procedure,sccttett Initializing will waive your right to cance
1 Is 1 et uq.),any contractor,subwntrismor,laborer,supplier or other person who -j within three drys
helps to improve your property but is not pad for his work,ur supplies,has it right ! me
to anforce a claim against your p,rpptm, -phis ntearts that atter a court hearing, I" pen°ICY Pee month will be charged on tji&t due aceeunrs
your property could be sold b a court officer and the proceeds of r
he SAIC
satisfy the indebtedness. 'this can happen even if you have pald Your ownuscd to
corteraetor ul fhlt ifthe subcontractor laborer,or supplier remains unpaid
ACCE11"7ANCE OF PROP06A L, The alx ve paces,speciiicatinns and
conditions ora sattsfaptory and the hereby accepted. You are authorized to do the Signature
work as specified. Payment will he made as Outlined above. -
Date of Acceptance
- Signature
EVENFLOW PL UMBING Co IAC
2035 National Ave. Unit B, Hayward, Ca 94545
LIC # 735990
Phone # 5101782-3649 Fax #510782-6927
PR5?OSA7SUBMITTgA T- DATE
Richard Kelly P.p.a
STREErAL>DREsa - Jan 19, 2046 Estimate 43
52 Ever ee�n Drive PHONE FMAiI.
925/2$4-71 l
CPPY,STATE,up — --
Orinda, Ca 94563 START BATE.' APPROX.COMPLETION DATE
CROSS sTREEIr --- --
Tsra laB rYPE L�sAx
AAE PROPOSE TFM FOLLAWIN WWORK.
Replacement of approximately 140 feet of 16 inch asbestos concrete storm drainage pipe. In order to perform
above work it will be necessary to remove four large trees from site. Once trees are removed we will hand
excavate around all public utilities. We will excavate wit, backhoe once clear of all public utilities. We will
haul away all spoiled native soil to landfall management. We will import crushed drain rock and bed trench line.
We will install 140 feet of 16 inch plastic storm sewer line. We will backfill with code approved materials. We
will clean and remove all job related debris from site. This estimate includes parts, man labor, materials and
equipment. Price is set @ 5330.00 per foot.
Jab Total: $46,200.00
WE PROPC75E HEREBY TO FURNISH MATERi ql,ANtI LAf3CIK,COMPLai7E iN ACCOkDANCE WI S,FOK THE SUM YF—
FOM Six Thousand Two Hundred Dollars and Zero Cents
PAr0 BE MADE AS FOLLOWSit
so%DOWN M%UPOIN MNSTAX.LTION 10%UPON C0KrLVn0N
All rttakrial is guaranteed to be as sper-ifiad. All want to be oompiated in a
workotnartlike manner according to standard practices. Any altenuion or deviation Authorized
6tun above spaeitleations involving MM costs will be executed only upon Signature
written orders,and will boa+me an extra charge over and above the estimare All - -- _
agreements contingent upon Strikes. accidants or delays beyond our control.
Owner to eery accessary insurmcc. Our workers are fully covered by Note This Proposal may be withdrawn by us it'not accepted with"n a.�days
W0rL7='3 Compensation Inswv=.
NOTICE We will 3tttn this fob Immediately due to the emergency nature of the job.
"Under the Machaeics'Lias Law(Califomia Code of Civil Pt»Cedure,Section InitlaLztng will waive-Your right 10 cancel within three days ___ i
I Ig!et seq,),any Wnhvcmr,subcontractor,laborer,supplier or Oft.person who w y
helps to improve ypw property but is not pail for.his work Or su21i5;,•ZigF a light 1 1/2%Penalty per month will tie phargec on piss!due accoumts.
ring...., .. _.
_.
ued
+> hUbl;cToci fierner
forks insr�ertor
EVENFLOW PLUMBING, INC, do PO gcx 2000
14 Mlt0r,r,Jta AocN
Gary Dimodona Orinuc ,.Cry .spas 3
Senior Estimator '�25-2S3.423 0 _
yE5->ty,5$75y
(510)$62.1363 CCL No, 735990 W Fox 42G QS3.7699
E-moil: tt:t,ry ��-
er®,i.orinrrn tc5,u5
REE SERVICE
hN— PEK
T
BRIXN GATES INVOICE
C-crtiricd-AibOCLSE WC-3527 Date Rep Invoice No.
TP0 . Box 1256 • Oriinda. CA 94563 • Phonc 925 254-8733 1/24/2006
Mobile SIC 9IB-12,42 0301-1085
Liccabo#621402 Fax 925 254-5645 PCO QL 50533
- .1pay6y'7A/-i
Bill To:
FR,ichardKel EigingAddress:
5 Kelly
ly
52 Evergreen Drtve
en
0 0,rid.,C A City
cindi,CA 94563 _na�Z4--Statel/A
Acct
X
P.O.No. Terms Contract No.
Due on receipt 4550
DESCRIPTION
Remove IMonterey Pines and leaning Live Oak.Grind stumps to facilitate excavation. RATE AMOUNT
FRen, 6.500.00 61500.00
Work is complete.
Thank you for your buSirIC55.
TOTAL S6,500,00
"Under the Mechanics'Lien Law(California Code ----------- —-------------
Person who helps to irn Of Civil Procedures j seq.),any contractor,subcontractor,laborer,
MCM5 chat,After a COU Frove your Property but is not paid 6r his work Of Wpplie4,h,,IS the right to enforce a c.'�Ixm . Supplier or other
it hearing,Your Property could be sold 6),a court officer and h�proceeds of the sale
used
'9a:"'5t Your PrOFecr), This
can happen even if you have paid' d rosa'06-the indcbrcess. This
P 1.0 your own corlt'"' If!full,if rhe su5(:ontumo,laborer,or supplier IfMaills unpaid."
()S 1 0 f f I C V B b x 1 2 -56
Offict Fax 925 254-5645 Or'nd", C"lifOrnii, 94563 - Phone 9 2 5 2,54 - 873 3
Shop Fax 510 540-0923 Contractors Liccilso #kS2 1402
Pe.,t Control ApPlicato:-!-icefjsv
DONALD VEGVARY, L.S.
MIND SURVEYOR
3527 Mt. Diablo Blvd. lit 368
l-atayette, CA 54649
(925) 947.1051 ------- Fax (526) 932-1028
February 6,2006
Rkhard KcHy
52 Evergreen.Drive
Ch-inda, CA 94563
Re: 52 Evergmen Dive, o irrda
Assessor's,Parcel Number: 268-462-001
Job Number: 0603
Dear Mr.welly,
Find enclosed:
• 2 capias ofyour-Comer R,Pcurd,,
Total i'm0l'ut now due- $600.
Please do not hesitate to call me with any i111estions or eoaicerrrs.
Thank you,
v
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