HomeMy WebLinkAboutCC 4 CLAIM #92-39 10-05-92CONSENT CALENDAR NO. 4
10-5-92
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GATE: SEPTEMBER 21, 1992
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: EUGENE & LINDA LEVIN; D/L: UNSPECIFIED; DATE FILED
W/CITY: 09-01-92; CLAIM NO: 92-39; CARL WARREN FILE NO:
6 72777 QT,R - -
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. 4
JAVZS G. ROURKE, City Attorney
JGR:jab:091992(CL-9239 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 Blvd., Suite 200
Fullerton, California 92632-1349
Telephone (714) 871-1132
Attorneys for Claimants,
In the Matter of the Claim of )
EUGENE E. LEVIN and BELINDA LEVIN, )
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 EUGENE E. LEVIN and
BELINDA LEVIN.
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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ea
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5. The Orange County Environmental Management Agency
administered the Project, as the project manager. Also involved
in overseeing, approving and accepting any work related to the
Project was the Orange County Flood Control District and the City
of Tustin.
6. On information and belief, and based upon such
information and belief the Claimants allege that the Corps and/or
OCEMA, as project manager, contracted with Belczak & Sons, Inc.
("Belczak") and other contractors for public works of improvement
on the Project, including both the E1 Modena -Irvine and Redhill
Channels. On information and belief, and based upon such'
information and belief, Claimants allege that construction on the
E1 Modena -Irvine and Redhill Channels was commenced by Belczak
and other contractors on or around mid -1988 and continued until
August, 1991.
7. As contracted and as part of the Project, Belczak, other
contractors, and Government Entities deepened and widened both -
flood control channels, which are adjacent to private property
fronting on Emenge Drive, Nixon Circle, Chirping Sparrow Way,
Burnt Mill Road, Brittany Woods, Dean Street, and Lania Way.
8. During the course of construction, Belczak and other
contractors operated heavy equipment for purpose of drilling,
digging, and removing soil at the direction of the Government
Entities.
9. Prior to and during the course of construction, Belczak,
other contractors and Government Entities maintained a temporary
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
IProject, 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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cracked stucco, shifting of walls, cracked concrete walls,
interior damage and substantial diminution in value of Claimants'
property.
16. The negligence and nuisance described herein and
committed by Belczak, other contractors and Government Entities
caused personal injuries, stress, sleeplessness and emotional
distress to Claimants.
17. Claimants hereby submit claims for compensation for the
taking of property, i.e., inverse condemnation, and for damages
awardable to the maximum amount allowed by law in addition to the
tort claims made herein.
18. Claimants EUGENE E. LEVIN and BELINDA LEVIN hereby
submit a claim for the full diminution of the fair market value
of Claimants' Property according to proof but reasonably believed
to be in excess of $300,000.00.
19. Additionally, Claimants hereby submit a claim for all
costs, relocation expenses, attorney fees and interest at the
legal rate commencing from the date of the taking.
20. The jurisdiction of this claim would be in the Superior
Court of the State of California for the County of Orange.
Dated: August 31, 1992.
Randall J. Friend, Attorney
for Claimants
In