Below (see Response to Email from Stan Gage 4/9/08 below) is a response to Stan Gage’s email (see Email from Stan Gage 4/9/08 below) from Tim Clayton, West Bay Sanitary District Manager, and a thread of conversation.   I also talked to Stan who said, to keep the story straight, that he actually drove through a cloud of dirt/dust on Ramona that was so thick that only oncoming headlights were visible, when the windshield was hit with gravel and cracked; this is what Stan said that he relayed during testimony as well.

Those that do have damage and plan to file claims for such would probably do well to get together and organize your approach.  George Harris, who himself has sustained a cracked windshield, has suggested that as many folks as possible attend the West Bay Sanitary district board meeting next Wednesday, April 16^th, at 7:00 p.m. at 50  Laurel Street in Menlo Park to voice opinions regarding damages and appropriate treatment.  Please let George know if you are interested in attending: grogersh"at"msn.com or phone 529-9262.   Please also contact him if you are interested in working together as a group on this issue.

Roads update from ark Marelich, SM County Public Works Inspector:  In response to complaints about the extremely rough road surfaces, today the high spots should have been scraped down and the surface dressed and cleaned up on Los Trancos Road above Ramona, and the same should happen on Ramona  before opening to traffic this evening.  Mark said that the material used for temporary asphalt is called ‘cutback’ and is much less stable than permanent asphalt.  Additionally, he will ask that signs be in place after working hours warning of rough surfaces and recommending slower speeds.

Amanda J. Lee, President, Vista Verde Community Association

650-851-5590, president@vistaverdeca.org

Email From Stan Gage 4/9/08

Probably squeezing turnips for blood would be a more gainful venture than trying to get something form Tim Clayton or the Sanitary District Board or KJ Woods Construction.

Our car was showered with gravel at about 6:00 PM on the evening of November 30th on lower Ramona producing two cracks in the windshield. Talking with the local foreman produced no response, sending a letter to Woods produced no response.

A formal claim to West Bay accompanied with pictures of substantial gravel on the road on the morning  of Dec. 1 produced a denial with Tim claiming that we couldn't prove that it was their (West Bay's) gravel that had caused the damage. Tim produced a bag of over 2000 pebbles claiming that he and (another person unidentified)  had collected the gravel in less than 15 minuets on a quarter mile stretch of an unpaved road in San Mateo County. Apparently he believes that our roads used to be unpaved. They sure are now!!!

So a subsequent small claims suit produced a no show by KJ Woods who apparently refused service of the suit by registered mail. A reset of the court date to last night, April 8th, produced a no show  by Woods again who apparently claimed he didn't receive the notice to appear from the process server. (We have a signed document that says he did receive it.) In both hearings, Tim sent a person to represent the District who was not authorized to negotiate any form of compromise. The Tuesday evening session of the Court in San Mateo was specifically chosen because they urge litigants to reach compromise through negotiations with trained facilitators. We're awaiting the findings of the judge.

The basic response from West Bay so far is "go pound sand!!!!!!!"

I would suggest that rather than file claims piece meal for damage to vehicles, that a coordinated action be undertaken with all of the claims arriving at the same time. Then the West Bay Board would be faced with the issue of trying to hand wave away a large number of claims from nearly identical cause. I would also suggest that this be done before the job is completed and as a group, ask that the Board not file a notice of completion on the job until the claims have been addressed and/or adjudicated.  It's pretty easy to file a small claims suit. But don't try to serve Woods by registered mail. Pay the $60 for a process server. To sue the District you must have first filed a claim with the District and have it denied.

The West Bay Board is pretty much under Tim's thumb. So to get anywhere on these claims it's going to be necessary to show overwhelming evidence that things up here are not all wonderful and that, as Tim tells the Board, the contractor is doing a wonderful job. The person who represented the District at the Small Claims hearing told me he was not aware of any problems related to the construction work. He also said that hee has not ever vistied the area.

Stan Gage

Tim Clayton's Response to Email From Stan Gage 4/9/08

It would be nice for Mr. Gage to at least try to get his facts straight....I doubt that will occur, but these are facts of Gages claim.......

Mr. Gage failed to prove to the District Board that the rocks that hit his vehicle came from the Construction Project. In fact there are several gravel driveways on Ramona. I did not produce 2000 rocks at the Board Meeting, I showed the Board a bag of rocks that two employees picked up on a single block of a County Road, the point being that all roads have rocks on them.  Nor did I advise the Board that the roads we are working on are unpaved. In fact I advised the Board that the roads we are working on lack pavements (i.e. Sidewalks.)

As far as negotiating in Small Claims Court, No member of the District staff has the authority to negotiate a claim, so nobody should be under the impression that I will do so. The claim was rejected by the District Board, staff only have the authority to defend a claim. Not negotiate it. Mr. Gage was made aware of that at the first court date. Furthermore, should the District lose the Small Claims decision, I have every intention of filing an appeal.

I do not believe the District Board will refuse to allow a Notice of Completion to be filed based on specious claims, and as far as I am concerned any claim that lacks evidence that the District is responsible, is exactly that.

As far as the District Board being under "my thumb". That is simply idiotic and rude. I work for them, not the other way around