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HomeMy WebLinkAbout03.f. Deny Claim for Damages (Fiscalini)Central Contra Costa Sanitary District , 3 ' 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.