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Home My WebLink About06 CLAIM 09-25 - BONILLA 09-15-09Agenda Item 6 ~ Re vie wed: -,, - ~~~`~~_ ' AGENDA REPORT City Manager Finance Director N/A MEETING DATE: SEPTEMBER 15, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES SUBJECT: CONSIDERATION OF CLAIM OF DANNY BONILLA, CLAIM NO. 09-25 SUMMARY: The Claimant alleges that roots from aCity-owned tree intruded into his main sewer line, causing clogging and the need to replace the line. Claimant alleges that the main line has had to be `rootered' four times in the past seven years. RECOMMENDATION: That the City Council deny Claim Number 09-25, Danny Bonilla, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator, NovaPro, has completed their investigation and concludes that there is no liability on the part of the City. The responsibility to maintain the lateral sewer line belongs to the homeowner. Additionally, the Public Works Department indicates that roots do not enter and grow inside a sewer line unless there is a break, crack or offset in the line which then causes leaking and attracts the roots to the water. All sewers within the City are owned and operated by either Orange County Sanitation District or the Irvine Ranch Water District. Lastly, the City had no notice or requests for repair prior to the claim being filed. Staff is recommending denial of the claim. ~u~ ~~~~~ Kristi Recchia Director of Human Resources ATTACHMENT: Copy of Claim No. 09-25 s:\general liability\claims\bonilla, danny 09-25\bonilla, danny -agenda report - gl claim denial 09.08.09.doc ( ( CLAIM AGAINST THE CITY OF TUS71N (For Damages to Person or Personal Property) Received via: ClT'Y ~~ TU5T~N Time Stamp: ^ U.S. Mail ^ Inter-Office Mail ^ Over the Counter 10~q ~(~~ ~ ~ ~1, 4 2 ~ Claim No: L7 ~? - ~. S` PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the City 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 (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 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 (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 Clerk's Office, 300 Centennial Way, Tustin, California 92780. 1 2 3 4. Name and Post Office address of the Claimant: Name of Claimant: ,~/yy~ {~lr ,~Q ~ j I In Home Address: Home Telephone: Work Telephone: 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: The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrenc d ~ d I ,~ Time of Occurrence: Location: ~ Circumstances giving rise to this claim: S~ Wer j he ra.h ptAf P I S lA ' U ~ I'22 I yl ~'(.w~ Q BU Se General description of the indebt ne s, obli ati ,injury, damagg or los inc rfed so far a ou now know. ~~ n ~ ~~~~~ .- '~" n o, bvt r.IU ~ in P ~l 9P It f/rl,/ n o ~~ ~.h_r On~~llvtc~ ~SSUe i JJ ~t ~S >^c p act= ~t ~~~ rv~t~i h ~e.~t~ ll\rtF ..., ~. 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: ~3~8~. ~~ ^ 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: /~~vc~w~r'e C~~1i~-~, ~~wv>n~t ~,c~-- Quc~uc ~ ~~ ~~~o~,~ ~ rs SGa- Sy6 ,590 ~ ~ fitl e h U L. ~,~ 3~ 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: If 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 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 $25,000. (See CCP § 86. ) READ CAREFULLY For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street comers. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw ~/ CURB %/ City/Agency Vehicle; location of City/Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1"and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK CURB ~, SIDEW Warning: Presentation of a false claim is a felony {Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Date: Page 3 of 4 ~~~ ~ ~ ~ ~ ~ ~~ z O ' 2~ a~to ~ g g~$os _ _~ ~ $ `^ ~~ ~~ o. ~O Ei~ D G ~ ny ~ 8 3m ~ X ~ ~r ~~= 3 Q ~ ~ ~~ v`~ 3 _. ~ ~ tO ~ `° N N y s (p ~. 67 3 ~ si' f n ~ m ~ ~~ ~ . r ~~. s~ 8 N t7'I~ ~ ~~ _ ~~ ~~~ ~ ~' ~o ~ ~ ~ ' ~~ _ ~~ ~ ~ w y C ~. W ~ O > > ~~ ~ o ~ ~; ~ ~ .~ ~ ~ ~, ~~ 3 O ~ ~ ~, ~d ~_ ~ ~ ~ ~ s 3 c g ,~ ~ ~ n~ vo m° ~ ~o Q $~ c ~' ~ 3 ~ Q ~ ~ ~ ~ O °' N g ~~ + a ~ w, N - Q N ~ O ~ ~ O 7 ~ -, ~ ~ D -~ ~~ °' _. ~ ~ ~ r 3 ~ ~ ~ °~' .. td z• d a c ~ ~ o~i m ;?, ~ ~ ~ ~ ~ ro ~ C. 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