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Home My WebLink About07 CLAIM LAURA CURRAN 05-15-00 LAW OFFICES OF WOODRUFF~ SPRADLIN' & ..,MART A PROFESSIONAL CORPORATION AGENDA MEMORANDUM NO. 7 5-15-00 DIRECT DIAL: (714) 564-2607 DIRECT FAX: (714) 565-2507 E-MAIL: LEJ@WSS-LAW.COM TO: FROM- DATE:' RE: Honorable Mayor and Members of the City Council City of Tustin City Attorney May 10, 2000 Claim of Laura C. Curran; Claim No. 00-13 Recommendeti0n After investigation and review by the City's Claims Administrator and this office, it is recommended that the City Council deny the claim and send notice thereof to the claimant and to the claimant's attorneys. Discussion The claimant alleges $1,425.00 in damage to a fresh water pipe. The claimant alleges .that the damage was caused by a City tree. By way of history, this claimant submitted a claim in 1997 regarding damage to the same water line. At that time, it appeared that tree roots from a City pine tree had displaced a fresh water line which required repairs. The City tree was removed. In City staff's opinion, the 1997 repair to the claimant's water line was faulty as the offending tree had been removed and that any dead or decaying tree roots could not have been the cause of the water line break. Enclosure cc: William A. Huston, City Manager LOIS E. JEFFRF..,Y ¢ ~/ i 120818\1 CITY OF TUSTIN ~LA,,vl AGAINST THE CITY OF '1 uoTIN I~~,~~~? (¢d~mages"-- to Persons or Personal Property) The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within six (6) months after the incident or event occurred. Be sure your claim is against the City of Tustin, not another public entity. Where space is insufficieht, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, City of Tustin, 300 Centennial Way, Tustin, California 92780. · _ WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK To the Honorable Mayor and City CoUncil, City of Tustin, CalifOrnia: The undersigned respectfully submits the following claim and information relative to damage to person and/or property: a. Name of Claimant: b. Address of Claima_nt~ c. Ci~/ZipCode: d. Telephone Number: e. Date of Bi~h: f. g. Social Security Number: Driver License Number: . Name, telephone, and post office address to which claimant desires notices to be sent (if other than above): . This c. lRim is submitted against: a. ~J The City of Tustin only. b. The following employee(s) of the City 'of Tustin only: C. The City of Tustin and the following employee(s) of the City of Tustin only: · . Occurrence or ev. cgt f~m which the claim arises: a. Date: ~~ "-2_-- b. Time: -K_J c. Place (Exact and Specific Location): ~~._ d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary:. e. What particular action by the City, or its employees, caused the' alleged damage or injury? . Give a description of the injury, property damage .or loss so far known at the time of this claim. If there were no injuries, state "no injuries". Give the name(s) of the City eml~loyee(s) causing the damage or injury: o Name and address of any other person injured: o Name and address of the owner of any damaged property: . 10. Damages Claimed: date:~ ~fl 5 a. Amount claimed as of this b. Estimated amount of future co. sts: ~..¢O c. Total amount'claimed: '~] ~ ~ d. Attach basis for computation of amounts claimed (include copies of ali bills, invoices, estimates, etc.) NameS a~oadd~fallwitn~sses'h°spitaLs'dpct°rs'etc'. ~,¢-- [. ~._,~ , .~. / /~~ ~~/ ~~~ WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM (Penal Code Section 72; Insurance Code Section 556.0) ! have read the matters and statements' made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated to be upon information or belief and as to such matters I believe the same to be ~ and c°rrect-. ~ Claimant's Signature: 2:CLAIM (1/00). Executed this ' ' / / dayof ~--~---/'~-/~' ,~.~ ,20 (~(~ Date filed this t ~ .day of ~-¢---~~~ , 20 March 13, 2000 Per claim for Laura C. Curran Item 4.Occurrence or event from wt~ich the claim arises Date/Time: February 2000 Location: at main water meter How and under what circumstances did the injury occur? A tree root from a city tree next to the water main broke through the main and caused the pipe to be breached. Upon digging at the meter, water pooled in the area of the meter and the water pipe (see photos). History: The City removed a pine tree at the water main in 1996 as it was causing a major leak. The major portion of the root remained on top of the pipe, which most likely made it difficult to repair properly at the time, as they would not have had full access to the pipe. As a result, the leak occurred either due to the inadequate repair and/or the decomposition of the massive tree root directly on top of the water main. 5. Give a description of the injury, property damage or loss so far known at the time of this claim. Item Cost Replacement of water line to house by Empire Plumbing (See $900 work order) Payment to have dirt removed by worker prior to repair $150 (Resulted in savings of $450 on actual repair by Empire Plumbing) Leak detection test (to veri~ leak location as outside leak) $250 Water bills in excess of average bill $145 Bills for last 3 statements totaled $265 (July 1999 - .January 2000). Average bill = $40 X 3 = $120 Excess over average billing = $145 Estimated additional overage for February 2000 $ 30 Total $1425 Additionally, 10 hours of the hOmeowner's time was required to have the problem diagnosed and corrected. Comment The Water Department, Talbot Hazard & Pat Madsen were very helpful in ev of the process, and cutting the ditch through the root so the repair could be completed. CITY OF TUSTIN WATER SERVICE 300 Centennial Way · Tustin, CA 92780 RO.. Box 466 · Tustin, CA 92781 LAURA CURRAN RETAIN THIS SECTION FOR YOUR RECORDS TELEPHONE: (714) 573-3075 After Hours: (714) 549-6913 ACCOUNT NAME I ACCOUNT NO. I SERVICE ADDRESS LAURA CURRANI METER NO. I BIll-lNG FROM BILUNG TO BILL DATE { NO. OF DAYS IN CYCLE I AVG'WATER USAGE FOR THIS PERIOD 25217401 06-02-99 07-30-99 07- 30-".)9 58 0.40 PREVIOUS READ CURRENT READ USAGE IN CCF USAGE IN GALLONS (748 GAL. = lCCF) .... 3672 3695 23 17204 CHARGES PREVIOUS AMOI/NT 41.62 ~m~-~ 41.62 0 - 6 CCF 2.10 7 & over CCF 19.04 FLAT CHARGE 16.00 TOTAL NOW DUE: 37.14 COMPARE YOUR AVERAGE DAILY USAGE IN CCF WITH LAST YEAR I FROM I TO I NO'OFDAYS I USAGE BILLED I DALLY AVERAGE 05-28-98 07-28-9~ 61 22 0.36 CITY OF TUSTIN RESIDENTS PLANNING A GARAGE SALE, PLEASE CONTAC~ THE CITY AT 714-573-3140 FOR INFORMATION REGARDING REGULATIONS AND SIGN R~STRICTIONS TO AVOID. '!~ATE .CHARGE, PL.EASE PA.Y BEFORE: 0 8 ? 3 0 - 9 9 TOTAL AMOUNT DUE: . 3 '7 ~ !4 This is due & payable upon presentation. Bills are past due if unpaid within 20 days of original billing. Payment should be made to City of Tustin or authorized agent. Customer must assume responsibility for payment made to an unauthorized agent. Should service be interrupted, payment of all past due charges for water, services, penalty & reconnection fee will be required to re-establish service. Reconnection after 4:00 p.m. and all day on holidays and alternating Fridays is an additional charge. CITY OFTUSTIN OFFICES ARE CLOSED ON HOLIDAYS AND ALTERNATING FRIDAYS. PLEASE CALL 573-3075 BEFORE COMING TO CITY HALL ON A FRIDAY . CITY OF TUSTIN WATER SERVICE 300 Centennial Way · Tustin, CA 92780 RO. Box 466 · Tustin, CA 92781 LAURA CURRAN RETAIN THIS SECTION FOR YOUR RECORDS TELEPHONE: (714) 573-3075 After Hours: (714) 549-6913 ACCOUNT NAME J ACCOUNT NO. I SERVICE ADDRESS LAURA CURRA~J METER NO. I BILLING FROM BILUNGTO BILL DATE NO. OF DAYS IN CYCLE I AVG. WATER USAGE FOR THIS PERIOD 25217401 09-28-99 11-22-99 11-22-99 53 1.18 PREVIOUS READ CURRENT READ USAGE IN CCF USAGE IN GALLONS (748 GAL. = lCCF) 3725 3790 65 48'620 PREVIOUS AMOUNT PAYMENTS 0 - 6 CCF 7 - 40 CCF 41 - 60 CCF 61 & over CCF FLAT CHARGE TOTAL NOW DUE: 44.98 44.98 2.10 38.08 24.00 6.60 16.00 86.78 COMPARE YOUR AVERAGE DAILY USAGE IN CCF WITH LAST YEAR FROM , TO NO. OF DAYS USAGE BILLED DALLY AVERAGE 09-22-98 11-20-98 59 14 '0.24 DID YOU KNOW .... THE CITY OF TUSTIN NOW HAS A WEB SITE ! PLEASE VISIT US AT Www. TusTINCA.ORG This is due & payable upon Presentation. Bills are past due if unpaid within 20 days of original billing. Paymem should be made to City of Tustin or authorized agent. Customer must assume responsibility for payment'made to an unauthorized agent. Should service be interrupted, payment of all past due c wate & reconneclion fee will be required to re-establish service. Reco~nection after 4:00 p.m. and all day on holidays and aitemating Fridays is an additional charge. CITY OFTUSTIN OFFICES ARE CLOSED ON HOLIDAYS AND ALTERNATING FRIDAYS. PLEASE CALL 5733075 BEFORE COMING TO CITY HALL ON A FRIDAY CITY OFTUSTIN RETAINTHIS SECTION WATER SERVICE FOR YOUR RECORDS 300 Centennial Way · Tustin, TEL ,F_.~,.HONE: (714) 573-3075 CA 92780 RD. Box 466 · Tustin, CA 9278~1., / Afler~ours~ (714) 549£6913 ~ ACCOUNT NAME LAURA CURRAN METER NO. I BILLING FROM BILLING TO ~.I_U.S R_EAD_ . CURRENT READ - SERVICE ADDRES'~----'*~ ~ NO. O~ ~AYS I~~ AVG. WATE~ USAG~ FOR THI~ PERIOD 70 52360 ' PREVIOUS AMOI/NT 94.78 PAYMENTS 70.00 0 - 6 CCF 2.10 7 - 40 CCF 38.08 41 - 60 CCF 24.00 61 & over CCF 13.20 FLAT CHARGE 16.00 REF PENALTY C-50 8.00- LEAK CREDIT C-42 7.07- TOTAL NOW DUE: 103.09 COMPARE YOUR AVERAGE DAI~ USAGE IN CCF wrrH ~ST YEAR CHARGES · . ........ "-------. I_ FROM I TO NO. OF DAYS USAGE BILLED DALLY AVERAGE l 11-20-19 801-29-19~9 70 18 0 START YOUR NEW YEAR' S RESOLUTION TODAY BY SIGNING UP FOR ONE OF TUSTIN'S MANY CLASSES. SEE THE TUSTIN RECREATION BOOK! SIGN UP FOR CLASSES BY CALLING 573-3326. ' :~,~..~.i--~.:-,-I'~~' cH~RqE, ':"~LEAS~PA¥"iI~EFORE: O2~21,2000 - TOTAL '~OLINT DalE:' This is due & payable upon presentation. Bills are past due if unpaid within 20 days of original billing. Payment should be made to City of Tustin or .... authorized agent. Customer must aSSume responsibility for payment made to an unauthorized agent.' Should service be interrupted, payment of all past due charges for water, services, penaJty & reconnect~on fee will be required to re-establish service. Reconnection after 4:00 p.m. and all day on holidays and alternating Fridays is an additional charge. crrY OFTUSTIN OFFICES ARE CLOSED ON HOLIDAYS AND ALTERNATING FRIDAYS. PLEASE CAU. 573-3075 BEFORE COMING TO CRY HALL ON A FRIDAY ADO::) I::I:::I~O.I. SN3 8 ~o 8