HomeMy WebLinkAbout03.g. Deny Claim for Damages (Rouhafza)Central Contra Costa Sanitary District 3.
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 7, 2010
subject: DENY CLAIM FOR DAMAGES SUBMITTED BY HESS ROUHAFZA
Submitted By: Initiating Dept. /Div.:
Shari Deutsch, Safety & Risk Administration, Safety & Risk
Management Administrator Management
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ea!
eutsch R usgraves J es o. Kelly,
G neral Manager
ISSUE: The District has received a claim for $24,000 from Hess Rouhafza for the
value of a tree that fell on and blocked his driveway for five days. Mr. Rouhafza alleges
that the tree fell as a result of a sewer improvement project occurring on his street.
RECOMMENDATION: Deny the claim.
FINANCIAL IMPACTS: Denying the claim has no fiscal impact.
ALTERNATIVES /CONSIDERATIONS: The alternative is to accept the claim and
negotiate a settlement with Mr. Rouhafza.
BACKGROUND: Mr. Rouhafza's tree fell over one month after a water main broke on
his street. On March 5, 2010 a District contractor broke an EBMUD water line while
pipe bursting on Oak Knoll Loop in Walnut Creek. When the tree fell one month later,
District staff asked the contracted project arborist to determine what caused the tree to
fall. The arborist determined that:
The tree's root system had been destroyed by oak rot fungus well in advance
of any work done by the District,
Previous construction to the street had severed many of the tree's large
roots, making the tree both diseased and unstable long before any District
work began,
District work did not affect the diameter of the lateral that ran under the tree,
• There was little to no soil erosion indicating that the volume of water released
from the broken water main was of insufficient force or duration to knock
down the tree.
As a result, staff does not believe any work performed by the District caused or
contributed to the cause of Mr. Rouhafza's tree failure.
This matter has been reviewed by the Budget & Finance Committee.
RECOMMENDED BOARD ACTION: Deny the claim.