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Meeting Date: July 22, 2003

Subject/Title: Reject the Claim Presented by Alicia Franklin

Submitted by: Karen Diaz, City Clerk/Director of Administrative Services

Approved by: John Stevenson, City Manager

Reject the claim submitted by Alicia Franklin as recommended by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney.

Claimant, Alicia Franklin, presented a claim in the amount of $29,435 which includes $26,250 for loss of income and $360 for counseling. The remainder appears to be related to dust damage. The loss took place at 562 Stanwick Street, in Brentwood, between September 23, 2002 and November 9, 2002. It is alleged that there was construction of residential homes next to the Franklin property which caused excessive dirt, noise, poor air quality, lost income, and other damages. It is further alleged that the City failed to inform Ms. Franklin of the damage and disruption to her work and home that would be caused by this construction. Claimant has pursued Signature Properties and intends to also pursue William Lyon Homes.

No fiscal impact at this time.

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