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Home My WebLink About04 CLAIM 09-30 - FEDEROFF 12-01-09Agenda Item • Reviewed: ~~~~ ~~ AGENDA REPORT City Manager Finance Director Nom// _ MEETING DATE: DECEMBER 1, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES SUBJECT: CONSIDERATION OF CLAIM OF ALAN & DENISE FEDEROFF, CLAIM NO. 09-30 SUMMARY: The Claimant alleges their sewer lateral cracked due to tree root infestation. RECOMMENDATION: That the City Council deny Claim Number 09-30, Alan and Denise Federoff, 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, and 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. Additionally, the plumber who worked on the line advised that the roots entered at a turn in the pipe rather than being crushed or entering mid-pipe. Staff is recommending denial of the claim. ~~~~ 1f-y-~~ r "' Kristi Recchia Director of Human Resources ATTACHMENT: Copy of Claim No. 09-30 s:\general liability\claims\federoff, alan 09-30\federoff, alan & devise -agenda report - gl claim denial 11.13.09.doc ~' 3. i CLAIM AGAINST THE CITY OF TUSTIN (For Damages tC'~~r~SO~n~rTU~q~al,Property) Received Via: 11 11~~ Time Stamp: ^ u.s. Mail ~~ p 4: 2 ~ ^ Inter-Office Mail ~Qa~ Quo 3 ~ ^ Over the Counter Claim No: Dam/ -3a 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 (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 Govemment Code of the State of Califomia, by the claimant or a person acting on hislher 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. Name and Post Office address of the Claimant: Name of Claimant~Alan L and Denise G Federnf f Nome Address Home Telephone• Work Telephone 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:JLne f3 , ~ n n a Time of Occurrence: ~ 0 : 0 OAM Location~,rnn1- varA coc~c~ ^~8&~O~t-p}-~e . iuo~.i Circumstances giving rise to this claim:SPwarl ; nP rl Panniii',~n~ ~ eGated di~'eEt:l~nder Tustin city tree cracked due to heavy tree root infestation_ Infestati~ caused the sewerline to back-up onto my front yard. 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. ~'^,^~"' ^w P1 Lmbi na snaker~ 1-hPr.PWPY~ i nP ni,~~ ~y~~ ~'~~E~Ve~ ><'~ee'~V~e t00" 200! - , ched photos attached Page ~ ota 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: 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: 26 t , •~ 8. It t~h~4c~airr~ ~rt~iola~s9rr~ed4~~t~~a~ment 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. 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 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 corners. 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 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 ~ CURB ~, PARKWAY SIDEWALK 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: X" _ ~ (~ ~ 31~ ~9 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). The reason for delay in presenting the claim is: ~~3~_`'~ Date ~ ~ /` Revised 12/2004 Page 4 of 4 3113 PL3TTE ~. COSTA IESA, CA. 02~A St". LIC# S1iZ4a PN(714)f57-40>s7 FAl (714) 540-4403 Bill To: DENISE FEDEROFF Purchase Order Terms Sales Rep Sales Territory NET 30 TOM job description ... - - - - i' MAIN L)NE STOPPAGE NOTE :NEED TREE REMOVED OVER SEWER LINE AND PIPE REPAIRED. Invoice Invoice # 8506 Date 06/09/09 Ship To: DENISE FEDEROFF Req.# 1 MAIN LINE STOPPAGE 120.00 120.00 Total $120.00 Amount Paid $0.00 Amount Due $120.00 0 - 30 days 31 - 60 days 61 - 90 days 91 + days Total $120.00 $0.00 $0.00 $0.00 $120.00 Rescue Rooter 740 N. Raritan Street Orange, CA 92868 Phone: (800) 776-2487 RESCUEROOTER.com -,,,r-^~MG 8 pWMB_~MS~Nr~ uNC~ Aug. 28, 2009 Denise Federoff Re: Invoice # 367805 ARS American Residential Services of California, Inc. Lic# 765155 After review of the 4" Main Line by performing a Sewer Camera Inspection, a section of pipe was found to have a break in the line due to root infestation. Once the line was located, we discovered the clay pipe breakage in the line directly below the City Tree. The repair was made from the front of the home out to the City tie in with the trenchless ~~~'- .. Please feel free to contact our office if there are any questions. 714771-7481 Sincerely, Mario Chavez 714-715-2295 cell# Sewer Specialist Supervisor mchavez ,ars.com G O ~~ S C ~ ~ ~ 3 "F 0 D ~ 7 ~ 33 t 3 v P1 3 O p.' u '^~ i n~~ pu ~ l ~ tQ ail ~ O D ~ 4 I4 ,~~ ~ N O S 'C N ~ ~ ~ z ~ 0 0#7' a O W~ G ri 0 m~ ~N u_ X ~ ~ v ~ oZ ~AC=AZ ~ -~ r , .t. , v v+C n T n p ~ i• ~.~ N ~ ~ o } n XZyi~f mom, ~ Z ~ - X' ~ t1 L S0 d 3 ~ m ~ z~ -~ tr do m ~.~ rn `.. m ~;~ ~ ooovo og z ~ ~, = O n ~ ~ o ~ ~ p ~ a . N ~ StQ N ~ ' i ~ N ~ ~D D Z O J( ^. p~ rF C (D ~ Q. H 4 ~ ... j ~ ( ~ D< F D~ F ~ Z # n D ~~ d - ._ ro N ~..t ~~ N ~ ~ + ~ Z G n ~ m 3 n d - ~ ~ ~~°i O .. ; r ~ . "~, O Z ~~'G~C. ~' 0~ 1"~ 2 ~~ ry , ~, -.~ X~~N ~~ „~. ~ . . 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'O ~ ~ ~~ . :J rD O „ ~_ ~ " ~, (p ~ ~ X to ~ ~ ~ .~+ ^ p S `+. ~'fl ~ C z ac ,-+ ~ r+ N ~ ~ ~ S ~ n ~ a~,m ~o N -. ¢ ~ ~ S m ~ ~ _ D ~ N J TD . ,`~ ~ =.~ 3 ~ -< ` . ~ o ~ O ~; ~-~ a ~ ~: z ~ ~• Q o ~ .:~ ,a 'D z -i ._, -~ { ~. ~ ; t,-~ ~ ~ "~`L k -~ ~~ 4 .-. ." ~..... ~ {N,,.n r 4 v ~ A ~ ~; ° ~ ~n ~~ '~`°- ._* ~ 70 (~ v n c A ..... chi ~'e ~ n Z n r 7c A 2 Z ~ ~~ m"'~ ~ N~ ~ w ~ ;. ~. n D ~ 0 D ~ ~ D D 1 ~ o ,ti D n m ~ ~ ~ ~ ~ ~{ X ~ a ; r m (nD ~ K-vf- N M $.5 ~ I\ 1 ~~ , ~ ya ti ~ 3 . ~ ~~'~, .. ...... c_ .~ ~ f,~ [ ~ . ~ ..:% ?=, t.' Fem. „~.,:. ~•sP ( ADDENDUM TO CLAIM SUBMITTED BY MR. & MRS. ALAN' FEDEROFF CLAIM #09-30 September 4, 2009 City of Tustin To Whom it May Concern: Our names are Mr. Alan and Mrs. Denise Federoff. We have been residents of the City of Tustin for over 30 years. On June 8, 2009 we were leaving on vacation. Upon exiting our front door, we noticed that the sewer pipe clean-out located on our front yard, had burst open. Sewage debris and water covered a substantial portion of our front lawn. Needless to say, we were appalled to see this as we were leaving for the airport that morning. We called our plumber and had our daughter come over to our house to meet with our plumber and have the sewer pipe clean-out looked at and cleared and the sewage cleaned up. Our plumber, Tom Moore of Coast View Plumbing, arrived and examined the sewer line pipe. He found and had to snake out a great amount of tree roots from the pipe to clear it. Tom ascertained that the cause of the sewer pipe/clean-out bursting was due to the very large tree's roots spreading directly into our clean-out sewer line pipe. This City tree is located directly in front of our house, on common area and directly over the sewer line pipe and opening. The tree is the maintenance responsibility of the City of Tustin. Tom Moore stated that the tree's roots was the cause of our backflow problem and suggested we contact the City to remove the tree and address the root problem. He felt that having the tree remain would cause further costly damage to the pipe. In addition, he recommended that we contact Rescue Rooter to perform a camera inspection of the sewer line to assess the extent of the problem caused by the large tree's roots. When we returned from vacation on June 19, I contacted Mr. Pat Madson, City of Tustin Field Services Supervisor, and explained what had happened. I requested that he come out and see where the tree is located and its impact on our property/plumbing. He did so and stated that there were three (3) trees located within the area and it would be hard to ascertain which tree was the cause of the problem, as roots spread. However, our plumber indicated that the tree directly in front of our house was the primary cause, as it was planted, by the City, directly over our sewer line pipe. Mr. Madson stated that perhaps the City could remove one (1) tree, but the City would not remove all three (3) trees. Mr. Madson stated that we should have another plumbing company come out to assess the situation. He indicated that the tree was City responsibility; however, the sewer line pipe was a homeowner's responsibility. Itold him that we would go ahead and have a plumbing company, equipped to handle such assessments and repairs, come out, and then get back to him. I also stated that I felt that the City should bear responsibility if it were ascertained that a tree that was City responsibility, impacted and damaged our sewer line pipe, as we did not plant the tree directly over a sewer line -the City did -and that, in fact, there are three (3) trees in front of our home, that were planted by the City and are maintained by the City. i. ~. On August 18, we had Rescue Rooter come to our home and perform a camera inspection of the line. They did so and ascertained that the opening in the sewer line/pipe was cracked due to very heavy tree root infestation. The sewer line is located directly beneath the City maintained tree. Rescue Rooter performed_the repairs. We incurred an expense of $7,300. I placed three calls to Pat Madson the week of August 24, to tell him of the findings and our course of action with Rescue Rooter. Mr. Madson did not return my calls. I then placed a call to his boss, Jason Churchill, that same week. I received no response. In extreme frustration, I called the City of Tustin on August 27 and spoke with the City Clerk. I stated my frustrations at not receiving responses back from Mr. Madson and Mr. Churchill. She was kind and helpful, instructing me to go onto the City of Tustin website and download a Claim Form, which would require completion and submittal to the City Clerk . On August 27, I received a call back from Mr. Madson, late afternoon. We spoke at length. I advised him of Rescue Rooter's assessment and the repairs performed. In addition, I told him that we would be filing a claim with the City of Tustin to recoup our expenses for damages incurred due to the tree that is the responsibility of the City of Tustin. The tree roots were the cause of the damage to the sewer line pipe. Mr. Madson seemed quite concerned. Mr. Madson stated that the tree would be removed within 2-4 weeks. The forms were downloaded, completed and submitted, along with back-up documents and billing from Coastview Plumbing, Rescue Rooter Plumbing, as well as two (2) DVDs -Rescue Rooter camera findings and approximately thirty (30) photos of the work being performed and the City tree/proximity of the tree, which caused damage to our sewer line pipe, on Monday, August 31, 2009. Approximately 2 weeks ago, the tree was marked by the City for removal. Respectfully Submitted, Mr. and Mrs. Alan Federoff