HomeMy WebLinkAbout03.d. Return Schaeffer Claim as UntimelyCentral Contra Costa Sanitary District
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BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2011
Subject: RETURN CLAIM FOR DAMAGES SUBMITTED BY RYAN, ANNE AND
REESE SCHAEFFER AS UNTIMELY
Submitted By Initiating Dept✓Div.:
Shari Deutsch, Safety & Risk Administration, Safety & Risk
Management Administrator Management
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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S. Deutsch q. M graves K. Alm J e Kelly,
eneral Manager
ISSUE: The District has received a claim for unknown damages for contamination at
or in the vicinity of 95 Cynthia Drive, Pleasant Hill which claimants allege leaked from
the District's sewer system . Claimants are represented by John R. Till, an attorney
with the Paladin Law Group in Walnut Creek.
RECOMMENDATION: Return the claim as untimely.
FINANCIAL IMPACTS: Returning the claim has no fiscal impact.
ALTERNATIVES /CONSIDERATIONS: The alternatives are to accept the claim and
negotiate a settlement with the claimant or deny the claim.
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.
As a result of these efforts, soil vapor monitoring has identified the claimant's residence
as a location affected by the migration of chemicals arising from the Gregory Village
property.
The claimants allege continuing nuisance and trespass which continues to cause
property damage and personal injury. The claimants seek compensation for damages
and the abatement of the contamination.
The claim does not specify the dates the alleged contamination occurred but states that
the claimants became aware of the contamination within the last six months. However,
reports provided to the Regional Water Quality Control Board suggest that the
POSITION PAPER
Board Meeting Date: May 19, 2011
subject. RETURN CLAIM FOR DAMAGES SUBMITTED BY RYAN, ANNE AND
REESE SCHAEFFER AS UNTIMELY
claimants became aware of the contamination on their property in 2009. Government
Code Section 911.2 requires that claims against public entities be filed within six
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 information and belief, over a year
has passed since the claimants discovered the contamination resulting in their claim
being untimely.
The Budget & Finance Committee reviewed this matter at its May 16, 2011 meeting.
RECOMMENDED BOARD ACTION: Return the claim as untimely.
HAClaims\LITIGATION \Gregory Village \Paladin Schaeffer Denial PP 051911.doc