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Home My WebLink About05 CLAIM 08-37, GUNS 09-16-08AGENDA REPORT MEETING DATE: SEPTEMBER 16, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF RENE GUNS, CLAIM NO. 08-37 SUMMARY: The Claimant reported that there was a sewage back up at her residence caused by a sewer pipe being busted by tree roots and the roots filling in the pipe over time. She is asking to be reimbursed for a plumbing invoice in the amount of $2,300 paid to repair the sewer lateral line. RECOMMENDATION: That the City Council deny Claim Number 08-37, Rene Guns, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Staff and the City's Claims Administrator confirmed that the tree in this report is City owned and maintained, and there was no prior notice or record of any root or sewer problems. It is believed that tree roots do not enter and grow inside a sewer line unless there is a break or separation and they are attracted to the leaking water. The responsibility to maintain the sewer lateral line does belong to the homeowner. As this is a case of no liability against the City, Staff is recommending the claim be denied. RonaId A. Nault Finance Director ATTACHMENT: Copy of Claim No. 08-37 ConsiderationOfClaimOfReneGunsNo08-37. doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received via: C I~ i' Q~ T U S T I~ ^ .S. Mail ime tamp: Inter-Office Mail 1008 AUG 2 0 P 3~ S b Over the Counter Claim No: 0~~--~ PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the Citv o_ f Tustin, not another public entity. C. Claims for death, injury to person or to personal property must be tiled no later than 6 months after the occurrence (Govemment Code § 911.2). D. Claims for damages to real property must be tiled no later than one year after the occurrence (Govemment 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 Govemment Code of the State of Califomia, 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 (Govemment 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 Ciark's co 300 Cant~nnial Way Tustin California 92780. ~ ~ ~ ~~ ~~~. ~, 1. O~nd Post Office address of the Claimant• ~ ~{ < ,(' ~~ ~~ Name of Claimant: ~ N S' ~ ~-- ~?- Home Address: rV ~ / Home Telephone: /1Work Telephone: 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: 3. 4. Post Office Address: Lf ~ /- The date, place and other circumstances of the occurrence or transaction from which the claim arises. n of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. Page 1 of 4 Date of Occurrence: .~ /( ~O ~' Time of Occurrence: Location: / ~L L A ~~-~ ~J u ~~ ~ C~ 1 ~ ~ Circumstances giving rise to this claim: ~ ~ 6. The name or names of the public employee or employees causi~~he in~ ry, dam~a._ge, or loss, if known. Gv / "T~{-~ r/ moo' o ~ ~ ~~~ ACV ~ ~ ° g, fif amount claimed totals less than $10,000:clud nv'the est matedtamount of anyreaated potent al future njury, dollars ($10,000) as of the date of your claim, 9 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 ~ ~ ~~ ~ r~ n/i /a Hrn ~"p/~ff) H amount clafined 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 req i~ ~tia action iandrpossible resolution of your claim,oth §910. Additionally, in order to conduct a timely 9 Ci of Tustin re nests that ou answer the followin uestions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: ~ ~ o, _ /'. ~,., !i v ~ ,..,,,r e v,~In~ l ~ .-r, ~~i PL __ ~~~~~ g. If the claim involves medical itals nrovid ngt eatm ~;injury, please provide the name, address and telephone number of any doctors or hosp p If applicable, please attach any medical bills or reports or similar documents supporting your claim. g. If the claim relates to an automobile accident: Telephone: Claimant(s) Auto Ins. Co.: Address: Insurance Policy No.: Insurance Broker/Agent: i 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 READ CAREFULLY For all ccid t claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street comers. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "B" location of youn3elf or your vehicle when you first saw SIDEWALK _// CURB %/ CURB City/Agency Vehicle; location of City/Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the ~~ time of the accident by "B-1"and the point of impact by "X." NOTE: If diagrams below do not fit the situat(on, attach hereto a proper diagram signed by claimant. Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: Page 3 of 4 IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION. SIGN BOTH FORMS. APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM TO THE CITY OF TUSTIN The undersigned hereby applies for leave to present a late claim to the City of Tustin. This .application is being made within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances, leave to present a late claim will be granted (Government Code § 911.6). 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