Loading...
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 N - le N t li O 4-I 1 0 m I4 J o� ,���������......yyyyyyyyyyyyl I� •n 1W 41 >1 �O N Cl) 44 4-) m 0 0 rl I 4 0 � Lf) ® o cc o >rl U 9 0 Ln LAJ oLU N �� b 0 9 ai *- L'CO U 0 U J U it 4' ui W0LL M0 0 NC U r-I N U N N w U •N H 04 •� 0 4-) hc� U Ln fo �wyr j tr I Q w 1� J r f7