HomeMy WebLinkAbout04.d. Deny claim for damages - Kathleen DalyCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: June 2, 2011
subject: DENY CLAIM FOR DAMAGES SUBMITTED BY KATHLEEN DALY
Submitted By. Initiating Dept✓Div.:
Shari Deutsch, Safety & Risk Administration, Safety & Risk
Management Administrator Management
REVIEWED AND RECOMMENDED FOR BOARD ACTIO
S. Deutsch "� raves K. Alm
Kelly,
ISSUE: The District has received a claim for trespass and damages arising out of
construction work performed on and around the claimant's property
RECOMMENDATION: Deny the claim.
FINANCIAL IMPACTS: Denying the claim has no fiscal impact.
ALTERNATIVESICONSIDERATIONS: The alternative is to accept the claim and
negotiate a settlement with the claimant.
BACKGROUND: From October 2007 through October 2010 District staff and
contractors worked on the Martinez Sewer Renovations. The claimant alleges that she
was due compensation for a temporary construction easement and for damages to her
fence, concrete patio and orange tree. District staff made numerous efforts to work out
a settlement during the construction process and also provided her with District claim
forms. The claimant rejected all informal offers as insufficient and waited until now to
file an administrative claim.
Staff reviewed this claim and found that the last offer made by District staff was fair.
Staff provided a written offer to the claimant for $1,015.00 but the claimant has not yet
accepted it.
Denying the claim effectively rescinds staffs offer. However, if the claimant later
wishes to settle for the original amount, the District may choose to honor its original
offer.
The Budget & Finance Committee reviewed this matter at its May 30, 2011 meeting.
RECOMMENDED BOARD ACTION: Deny the claim.