CITY COUNCIL AGENDA ITEM
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
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.
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
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.
No fiscal impact at this time.