HomeMy WebLinkAbout10 CLAIM 07-37, R.J. REALTY INV. 02-05-08AGENDA REPORT
MEETING DATE: February 5, 2008
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: CONSIDERATION OF CLAIM OF R. J. REALTY INVESTORS,
CLAIM NUMBER 07-37
SUMMARY:
The Claimant reported that a City tree located on the sidewalk on Holt Avenue caused a cracked
water line underground, resulting in leakage and a broken sidewalk. A plumbing invoice was
submitted in the amount of $8,370.83 for the necessary repair work.
RECOMMENDATION:
That the City Council deny Claim Number 07-37, R. J. Realty Investors, and direct Staff to send
notice thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
The City's investigation has found that there are multiple trees in the area, some on public and
some on private property. It is not possible to determine which tree was responsible for the
claimed damage, as the tree roots were removed and the property was not inspected by the City -
nor was there proof provided by the Claimant. The City's Claims Administrator has stated that
liability is not clear as to the City. As it is the property owner's responsibility to maintain a clear
line, Staff is recommending this Claim be denied.
Ronald A. Nault
Finance Director
ATTACHMENT: Copy of Claim No. 07-37
ConsiderationOfClaimOfRJRealtylnvestors. doc
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property) CITY OF TUSTIN
Received Via:
^ U.S. Mail
^ Inter-Office Mail
^ Over the Counter Claim No: 07-37
PLEASE NOTE:
A. Read entire claim before filing.
B. Be sure your claim is against the Citv of Tustin, not another public entity.
C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence
(Government Code § 911.2).
D. Claims for damages to real property must be filed no later than one year after the occurrence (Government Code § 911.2).
E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered.
F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on
his behalf (Government Code § 910.2).
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private
attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims.
H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
1. Name and Post Office address of the Claimant:
Name of Claimant: R J Tealty Investors c/o Essex Realty Management
111 COrporate Drive Suite 110
Ladera Ranch, CA 92694
Work Telephone: 949-218-3801
2. Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: Telephone:
Post Office Address:
3. The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence: August 6, 2007 Time of Occurrence: am
Location:18302 Irvine Blvd, CA 92780
Circumstances giving rise to this claim:
Leak in ground caused by a tree on the
sidewalk, roots cracked the line.
4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
A city tree located on the sidewalk on
Hold Ave has caused cracked line under
ground causing leakage and cracked sidewalk.
Page 1 of 4
5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand
dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury,
damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of
the amount claimed (include copies of all bills, invoices, estimates, etc.)
Amount Claimed and basis for computation: ~ ~ ~ ~~ G } - ' ~ V V i (~ ~ ~~h~
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP §
86.)
^ Limited Civil Case ^ Unlimited Civil Case
You are required to provide the information requested above in order to comply with Government Code
§910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the
City of Tustin requests that you answer the following questions.
7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises:
8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
(f applicable, please attach any medical bills or reports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 4
BENNETT'S pL~TMBING, INC.
3030 fi_ FAIRVTEW STREET #B
SANTA ANA, CA. 9204-6583
949-63 t -8393, LIC # 824124,
949-631-3361 FAX
Invoice
~~'~ b~
dry ~~~
.,~-
Bill To
IRVINE TUSTlN INVESTORS. LLC
C/O ESSEX REALTY
111 CORPORATE" UR. # 110
[.ADF.RA RANCH, CA. 93694
~~ Z
Date btvuice~ ~
$/9/3UU7 30731
Ship TO
1$303 IRVINE BLVD
TUSTIN
P.O. Numt-er Terms Rep Ship Va F.0.8. Project
Due on receipt CR 8/9/2007 18302 IRVINE 18302 IRVINE BLVD.
Quantity Item Gotle Description Price Each Amount
AS PER WORK S... BILLING AS N1rR ATTACHED Wc)RK Sl lE1rT~BILLING 8,370.83 8,370.83
Y'OR LEAK IN GROUND. I~ILLINC AS I'>;R ATTACHED
WORK SHEEs"I'S. LEAK CAUSED t3Y 'T'REE ROOTS.
R00'l'S B1tOKE SIDEWALK ALSO. SEE PICTURES.
EMAIL IF YOU HAVE ANY QU1s57'TONS ABOUT YUUR BILL 0.00 0.00
PLEASE SEND AN IMAIL't'U Ml; A'1'
CHERIEQBENNETTSPLUMBING.GOM
WE WR ACCEPT VISA AND MASTERCARD FOR YOUR 0.00 0.00
CONVENII:IVCE.
Please Noticsr We have a new address. Please send alf payments to the above 0.00 0.00
listed address.
PAST DUE AMOUNTS ARE SUBJECT'f0 A LATE FEE OF 1.5% PLUS COST OF COLLECTION
INC. ATT01tNEY FEES Y~~~ $8,370.83
'
t3ennett's Plumbin ,Inc,
3030 S. l=airview St, Suite B
Santa Ana; Ca. 92704
ww~nrrbennetts lumbin .com Work
ffice: het - - - --
. •,
~ Date: ~ ~" ~~
Phone: ti 9 ~ ~ o I
__.__._,
949-631-8393 Fax:949•-631-3361.
License # 406317 ~ •
Name: ~s k Job Address: ~ ~ ~ •
Address: ~~~3~ ~/_ Contact:~~, ~ '
Ci
• us
]ob Descri Lion:
r a2 1"'tA~
.a. ; w v _ 2 O
^~" w~ /lv~Qr. tX
S. rz
s ~ ~ ~ v / '~~ ~e ~
Materials;
k Lt ~` lZ.4.~
~ ,.,,,~r• ~ a3~...~ ~
~ ~ ,• 63
~ `~ ~C ~~' `~ 1z+4 ~ ~ •~~
~~ ~' 17,4 s s 79~~as~L . /S~• ~
~r x ~~ .c ~ ,~ ~ - d.-~
.z ~ ~~ _ . c--c_ .-.
~ ~a
~ ?Z . ~~y1," = ~ ~ ,
,,, ~ y ; t j'IFA.~ 7 sr ~ v Lr4 ~ cair.....
.~~~_,._
D ' '~-
-~'al~'4 i'~_ ~~ ctX ~ R ~` ~
.x
g~~
1 ~$-~~
~~~~~
B,ennett's Plumbing, Inc_,__
3030 S. Fairview St. Suite B 1Nark Sheet
Date.
Phone:
Santa Ana' Ca. 92704
www.bennetts lumbin .com 4fFice; 949-631-8393 Fax:~949~-631-3361.
License # 406317 ~ ~ ~ '
Name: ~55~~ .fob Address:
Address: ~ ~ ~ Contact: ~~ ~ '
Ci ~~
Sob Descri tion
,..,r
'
..
~s~s
1 1
.~ r ~ ~ r ,r ~'~/~ r
a
Y ^
~V
.... .. .. .. ~. ~~
• ~ J,/ /\
~I • ~.1~
Materials: .
4
.~
~, ~.
Y
..
~._~~ ~...-.---. .-~ri .,..~~~ ...r_..~.......... .............. ..._...... ... --........ .._..
~~~~ / ~~~~ ~ r ~ /
'....._.........._ .. .~~7~p..?. ...... ...... .. ... ..._ .._ ...... ..._.... ....._. ... ._.....__..
.__ .. .
r . ..
~r'~-ffn~•S`r:
. ~~~
` +, • 1
•y