HomeMy WebLinkAboutCC 5 CLAIM #92-45 11-02-92CONSENT CALENDAR NO. 5
1-2-92
AGENDA //-.1- rz
VJ� r
Inter -Com
DATE
OCTOBER 15, 1992
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: LINDA GALVEZ, BRIAN CARLSON; D/L: APPROX. 3-18-92;
DATE FILED W/CITY: 9-18-92; CLAIM NO: 92-45; CARL WARREN FILE
After investigation and review it is recommended that the
above -referenced claim be rejected and the City Clerk directed to
give proper notice of the rejection to the claimant and to the
claimant's attorney.
JAM OURKE, City Attorney
J GR: jab: 101592(CLr9245 jab)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
City Manager
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WARREN B. WIMER - State Bar # 40340
RANDALL J. FRIEND - State Bar # 126,764
Attorneys at Law
1235 N. Harbor B1vd.,.Suite 200
Fullerton, California 92632-1349
Telephone (714) 871-1132
Attorneys for Claimants,
In the Matter of the Claim of )
LINDA GALVEZ and BRIAN E. CARLSON, )
individuals; )
Claimants. )
CLAIM AGAINST COUNTY OF
ORANGE, COUNTY OF ORANGE,
ENVIRONMENTAL MANAGEMENT
AGENCY, ORANGE COUNTY
FLOOD CONTROL DISTRICT,
AND THE CITY OF TUSTIN
Claimants hereby claim against County of Orange, County of
Orange Environmental Management. Agency, orange County Flood
Control District, and the City of Tustin (hereinafter referred
to as "Government Entities") and in support of this claim
represent as follows:
1. The Claimants' names are LINDA GALVEZ and
BRIAN E. CARLSON.
2. The Claimants' address is:
("Property").
3. All notices should be made to Warren B. Wimer &
Associates, Randall J. Friend, Esq. at 1235 North Harbor
Boulevard, Suite 200, Fullerton California 92632-1349.
4. Pursuant to funding provided by the Orange County Flood
Control District, the Orange County Flood Control District and
the Orange County Environmental Management Agency ("OCEMA")
designed and constructed the E1 Modena -Irvine and Redhill Flood
Control Channels ("Project").
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5. The Orange County Environmental Management Agency
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administered the Project, as the project manager. Also involved
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in overseeing, approving and accepting any work related to the
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Project was the Orange County Flood Control District and the City
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of Tustin.
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6. On information and belief, and based upon such
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information and belief the Claimants allege that the Corps and/or
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OCEMA, as project manager, contracted with Belczak & Sons, Inc.
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("Belczak") and other contractors for public works of improvement
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on -the Project, including both the E1 Modena -Irvine and Redhill
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Channels. On information and belief, and based upon such
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information and belief , Claimants allege that construction on the
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E1 Modena -Irvine and Redhill Channels was commenced by Belczak
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and other contractors on or around mid -1988 and continued until
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August, 1991.
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7. As contracted and as part of the Project, Belczak, other
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contractors, and Government Entities deepened and widened both -
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flood control channels, which are adjacent to private property
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fronting on Emenge Drive, Nixon Circle, Chirping Sparrow Way,
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Burnt Mill Road, Brittany Woods, Dean Street, and Lania :Jai.
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8. During the course of construction, Belczak and other
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contractors operated heavy equipment for purpose of drilling,
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digging, and removing soil at the direction of the Government
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Entities.
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9. Prior to and during the course of construction, Belczak,
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other contractors and Government Entities maintained a temporary
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dike on the E1 Modena -Irvine and Redhill Channels for purposes
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of dewatering.
10. Belczak, other contractors and Government Entities
failed to adequately inspect, survey, and test the site area to
accurately determine whether the soil in the site area was
sufficiently stable for the planned construction.
11. Belczak, other contractors and Government Entities
failed during or subsequent to the construction, to take
appropriate precautions to prevent earth movement resulting from
the removal of soil, lateral support dewatering and vibrations
caused by construction equipment.
12. Belczak, other contractors and Government Entities
failed to take reasonable steps and precautions to determine
whether soil in the site area, and improvements thereon, would
be adversely affected by the dewatering, removal of lateral
support, and/or vibrations caused by construction equipment.
13. As a proximate cause of the construction of the
Project, lateral support from Claimants' soil has been removed
causing substantial damage to Claimants' Property from earth
movement. Additionally Claimants' Property has been damaged as
a result of vibrations caused by the construction of the Project.
14. During the last six (6) months, the Claimants have
become aware of substantial damage to the Property which is
related to the construction of the Project.
15. Damage to Claimants' Property caused by the taking of
property, negligence and/or nuisance created by the entities
named in the first paragraph and paragraph 5 of this claim
includes, but is not limited to, slab damage, cracked concrete,
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- 1 cracked stucco, shifting of walls, cracked concrete walls,
2 interior damage and substantial diminution in value of Claimants
3 property.
4 16. The negligence and nuisance described herein and
5 committed by Belczak, other contractors and Government Entities
6 caused personal injuries, stress, sleeplessness and emotional
7 distress to Claimants.
8 17. Claimants hereby submit claims for compensation for the
9 taking of property, i.e., inverse condemnation, and for damages
10 awardable to the maximum amount allowed by law in addition to the
11 tort claims made herein.
12 18..,, -Claimants LINDA GALVEZ and BRIAN E. CARLSON hereby
13 submit a claim for the full diminution of the fair market value
14 of Claimants' Property according to proof but reasonably believed
15 to be in.excess of $300,000.00.
16 19. Additionally, Claimants hereby submit a claim for all
17 costs, relocation expenses, attorney fees and interest at the
18 legal rate commencing from the date of the taking.
19 20. The jurisdiction of this claim would be in the Superior
20 court of the State of California for the County of Orange.
21 Dated: August 31, 1992
22 Randall J. Friend, Attorney
for Claimants
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PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the county of Orange, State of California.
I am over the age of 18 and not a party to the within action; my
business address is: 1235 N. Harbor Blvd:, Suite 200, Fullerton,
California 92632.
On September 17, 1992 I served the foregoing document
described as CLAIM AGAINST COUNTY OF ORANGE, COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY, ORANGE COUNTY FLOOD CONTROL
DISTRICT AND THE CITY OF TUSTIN for LINDA GALVEZ AND BRIAN CARLSON
on the interested party(s) listed below:
X by placing the true copies thereof enclosed in sealed
envelopes addressed as stated on the attached mailing list;
by placing the original a true copy thereof enclosed
in sealed envelopes addressed as follows:
VIA FAX. The above documents were served via FAX
transmission,, on 1992, at approximately
o'clock to the above -listed FAX numbers from the following FAX
number: (714) 871-5620. The transmission was/were reported
complete and without error. The transmission report(s) which
is/are attached hereto was/were properly issued by the transmitting
FAX machine.'Bq
u A •1J7_CJ _Pe) S��t
BY FIRST-CLASS MAIL, POSTAGE PREPAID. I sealed and deposited
such envelope(s) in the mail at Fullerton California following
ordinary business practices. I am "'readily familiar" with the
firm's practice of collecting and processing correspondence for
mailing. It is deposited with the U.S. postal service on that same
day in the ordinary course of business. I am aware that on motion
of party served, service is presumed invalid if postal cancellation
date or postage meter date is more than one day after date of
deposit for mailing in affidavit.
PERSONAL SERVICE. I delivered such envelope by hand to the
offices of the addressee.
I declare under penalty of perjury under the laws of the State
of California that the above is true and correct.
Executed on September 17, 1992 at Fullerton, California
MARY S. RENZr
MAILING LIST
CLERK OF BOARD OF SUPERVISORS
10 Civic Center Plaza, Room 469
Santa Ana, California 92701
CITY CLERK
City of Tustin
15222 Del Amo Avenue
Tustin, California 92680.