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CITY COUNCIL AGENDA ITEM NO. 33

Meeting Date: December 14, 2004

Subject/Title: Reject claim presented by American Legion, Post No. 202

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

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

RECOMMENDATION
Reject the claim of the American Legion, Post 202, presented on August 27, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority, and the City Attorney.

PREVIOUS ACTION
None

BACKGROUND
Claimant, American Legion, Post 202 presented a claim in the amount of $10,960.81 for damage to its basement. Claimant states that on July 25, 2004 the outside sewer line was stopped up with rocks in a towel causing sewage to backup into the basement of the Brentwood Memorial Hall basement located at 757 First Street.

The City was unaware of any problems with the subject sewer line. City wastewater staff confirms that they found a blockage at the intersection of Brentwood Boulevard near Liberty High School. Rocks were wrapped in a cloth thus backing up the flow of sewage. A Police Report confirms that an unidentified resident committed an act of illegal dumping in the sewer system. In addition, the basement bathroom does not meet current building standards. The basement bathroom lateral connection is installed at an insufficient elevation about the main sewer line. There is no backflow system installed.

Brentwood Municipal Code 13.04.090 states “The City shall not be responsible for any loss or damage caused by a negligent or unlawful act of any person in installing, maintaining, supplying or using any appliance, facilities or equipment for which sewer service is furnished by the City.” Also, the lack of elevation of the lateral connection and the lack of a backflow system contributed to the loss.

FISCAL IMPACT
No fiscal impact at this time.
 

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