HomeMy WebLinkAbout03.f. Deny Claim for Damages (Fiscalini)Central Contra Costa Sanitary District ,
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' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 7, 2010
subject: DENY CLAIM FOR DAMAGES SU BMITTED BY R AE LYNN FISCALINI
Submitted By Initiating Dept. /Div.:
Shari Deutsch, Safety & Risk Administration /Safety & Risk
Management Administrator Management
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
4e - A,-
S. Deutsch . Mud raves J m M. Kelly,
Gen al Manager
ISSUE: The District has received a claim for $827.70 from Rae Lynn Fiscalini for
damages to her vehicle caused by driving over a recessed manhole while traveling
northbound on San Ramon Valley Blvd., just south of Hooper Drive on April 11, 2010.
RECOMMENDATION: Deny the claim.
FINANCIAL IMPACTS: Denying the claim has no fiscal impact.
ALTERNATIVES /CONSIDERATIONS: The alternative is to accept the claim and pay
Ms. Fiscalini $827.70.
BACKGROUND: Ms. Fiscalini originally filed a claim with the City of San Ramon. The
City's insurance pool rejected her claim saying that their "investigation revealed that the
utility cover involved in this incident is owned and maintained by the Central Contra
Costa Sanitary District, not the City of San Ramon ". Ms. Fiscalini then filed a claim with
CCCSD.
CCCSD has no manholes on the northbound side of San Ramon Valley Blvd. south of
Hooper Drive. However, to ensure that there was no misunderstanding about the
incident area, staff provided Ms. Fiscalini with photos of all utility covers on the
northbound side of the street in the area of interest and asked her to identify the cover
that caused her damages. She identified a small utility cover of similar size to two other
covers labeled "WATER" on that side of the street.
This matter has been reviewed by the Budget & Finance Committee.
RECOMMENDED BOARD ACTION: Deny the claim.