HomeMy WebLinkAbout03.e. Return claim for damages submitted by Gregory Village Partners, L.P. as untimelyCentral Contra Costa Sanitary District J,e
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 7, 2011
subiect: RETURN CLAIM FOR DAMAGES SUBMITTED BY GREGORY VILLAGE
PARTNERS, L. P. AS UNTIMELY
Submitted By:
Shari Deutsch, Safety & Risk
Management Administrator
Initiating Dept.IDiv.:
Administration, Safety & Risk
Management
REVIEWED AND RECOMMENDED FOR BOARD ACTIO •
S. Deutsch graves K. Alm
James KyFylly,
General M,40ager
ISSUE: The District has received a claim for costs to investigate and remediate
contamination released from the properties at 1 601 -1 609 Contra Costa Boulevard and
1705 Contra Costa Boulevard. The claimant alleges that chemicals used at these
locations traveled through the sewer lines to contaminate groundwater and soil.
RECOMMENDATION: Return the claim as untimely.
FINANCIAL IMPACTS: Returning the claim as untimely has no fiscal impact.
ALTERNATIVES/CONSIDERATIONS: The alternative is to accept the claim and
negotiate a settlement with the claimant.
BACKGROUND: From the mid 1960s through 1992 P &K Cleaners used various
solvents in their dry cleaning operations. Gregory Village Partners purchased the
shopping center where P &K Cleaners operated over 10 years ago. As required by the
Regional Water Quality Control Board, Gregory Village Partners has been investigating
soil and groundwater contamination that resulted from P &K Cleaners' use and disposal
of these solvents during the intervening 10 years as reflected by reports their
consultants have filed with the Regional Board.
They now claim after having actual or constructive knowledge of the basic facts for
some ten years that "environmental contamination appears to have taken place as the
result of leakage from your [District] equipment or facilities in the vicinity..." Alleged
causes of action include imminent and substantial endangerment to the public health or
environment, nuisance and trespass.
However, the claim does not specify dates that the alleged contamination occurred.
Government Code Section 911.2 requires that claims against public entities be filed
within 6 months for causes of action arising out of death, injury or personal property
loss and within one year for other types of losses. Based on the on the information
provided to the Regional Board it is clear that any claim which might have been brought
POSITION PAPER
Board Meeting Date: April 7, 2011
subject: RETURN CLAIM FOR DAMAGES SUBMITTED BY GREGORY VILLAGE
PARTNERS, L. P. AS UNTIMELY
for nuisance or trespass occurred and was known to the claimants well over a year ago
and therefore is untimely. Government Code Section 911.3 allows public entities to
return claims presented after these deadlines to claimants as untimely.
The Budget & Finance committee reviewed this matter at the April 4, 2011 meeting.
RECOMMENDED BOARD ACTION: Return the claim as untimely.