12/05/1990 - Laserfiche WebLink

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The City Manager's report to the Council explained that the Clarkes had filed a claim against the Town alleging improper and inadequate building inspection practices concerning the construction of their garage and workshop addition. The report also included the analysis by the ABAG PLAN, the Town's liability insurance carrier. The result of their analysis was that the Town was not liable and the claim should be rejected. Mrs. and Mrs. Brooke Clarke, applicants, addressed the Council concerning their claim. They had applied in the fall of 1988 for a separate structure of approximately 1,800 square feet. At this time, they had gone through an emotional battle, lost time from work and were close to $60,000 in debt. They submitted for Council's information a list of the problems they had experienced and noted that they had had four inspections on the property during which the inspector had not caught the errors made by the builder. They stated their concerns for themselves and the community noting that all the Council and Commission work will do nothing if the building inspections are not done correctly. Mr. Clarke specifically noted that grout was being used in some cases rather than concrete and he thought that inspections should note what materials were being used in a project. Mrs. Clarke stated that she believed there should be a caveat that inspections may not be done correctly. Casey had several questions concerning this claim and suggested that the matter be 41/ continued to the next meeting. Siegel stated that if this claim were denied by Council, the Clarkes would then have six months to initiate legal action. He would consider continuing the matter so that Council could hold a dosed session to discuss any questions they might have, but he did not think it was appropriate to conduct a question/answer period on a matter that may end up in litigation. Tryon noted that she sympathized with the Clarkes as she had been through a similar situation which had ultimately been resolved in the court system. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed by the following roll call vote to reject the claim for damages filed by Mr. and Mrs. Brooke Clarke. AYES: Councilmembers Hubbard, Johnson and Tryon NOES: Mayor Siegel and Councilmember Casey 5. PRESENTATIONS FROM THE FLOOR Elaine Dauber, 27930 Roble Alto, reported on the Earth Day Project. They planned to have a display of the blue trash bags at each of the clean-up locations on December December 5, 1990 4