HomeMy WebLinkAbout15 CLAIM FRANK HUNTER 07-07-98 o
WOODRUFF, SPRADLIN & SMAR'I
~ PRO~:~IONAL ~ORPORATION
AGENDA
MEMORANDUM
NO. 15
7-7-98
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
July 1, 1998
Claim of Frank K. Hunter; Claim No. 97-48
RECOMMENDATION:
After investigation and review by this office and the City's Claims Administrators it
is recommended that the City Council deny the claim and direct the City Clerk to send
notice thereof to the claimant and to the claimant's attorneys.
DISCUSSION ·
The claimant alleges $350.00 worth of damages on various dates in December of
1997. He states that roots from a City tree invaded a sewer' connection between the
property sewer line and the main City line. The City does not own, maintain or control the
claimant's sewer lateral. The claimant has not presented any evidence that City owned
trees caused damage to the claimant's line. A sound and well maintained pipe will not be
cracked by roots. However, roots may invade a pipe that is weakened due to age. In this
case, evidence from the Sanitation Districts who clean out the local sewer manhole is that
damage may have been caused by a weakened lateral and roots from trees or plants on
the claimant's property. .~.'- ~~.~
JEFFREY'vli ~"
Enclosure
cc: William A. Huston, City Manager
1102-9748
65029_1
Office of the City Clerk
December 22, 1997
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re: Transmittal of Document(s)
Claimant: Francis Hunter
Claim No.: 97-48
Filed With City: 12-22-97
City of TuStin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
FAX (714) 832-0825
Receipt of Claim/Summons and Complaint by the City Clerk~'~Bffice on-
Date- 12-22-97
Time- 11- 10 a.m.
By- X
Personal Service upon the undersigned
Regular Mail
Certified/Registered Mail
Interdepartment Del ivery
The enclosed Claim (or Application to File Late Claim) was presented to
this office as indicated above and has been referred to the appropriate
City department for its investigation and also to the offices of Woodruff,
Spradlin and Smart, Attn: Lois E. Jeffrey, City Attorney. By this letter,
you are authorized to commence the necessary investigation of this claim
on behalf of the City.
We request that you give such notices as may be appropriate to the City's
insurance carrier(s) and further request that you submit your preliminary
and all subsequent reports to the City, with a copy to the City Attorney
and to the insurance carrier(s) if they so request. Upon receipt of
advice from the City Attorney, we will plan to present this matter to the
City Council and/or take such other steps as are directed by the City
Attorney.
Other-
A copy of this letter and enclosures were sent on 12-23-97 to the City Attorney
.and Department Head, and the original was forwarded to the Finance Department.
S?n]:,erely, ,- / ~
,~,"~,~, .(j~ ~,; ,, ' ~1. ' -
Beverley Whi~e ...!
Deputy City C,-le~k
Eric [ osures
CITY OF TUSTIN
CL/-~_ ~GAINST THE CiTY OF 3TIN'
(For Damages to Persons or Personal Property)
·
·
The Jaw provides generally that a claim must b~ 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 insufficient, 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 Cehtenniai 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: .. /c-~/~ /v 4.!.
b.. Address of Claimant:
c. City~ip Code:
d. Telephone Number:
e. Date of Birth' ~-/~-~
f. Social Security Number:
g. Driver License Number:
e
Name; telephone, and post office address to which claimant desires notices to be sent (if other
than'above)-
.
This claim is submitted against:
a. ./~ _ The City of Tustin only.
b. The following employee(s) of the City of Tustin only'
-.
The City of Tustin and the foliowin~ employee(s) of the City of'Tustin only:
Occurrence or event from which the claim arises:
a. Date:
b. Time-
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 injurie, s, state "no injuries".
1
Give the name(s) of the City employee(S) causing the damage or injury'
e
Name and address of any other person injured:
8,
Name and address ofthe owner of any damaged property: .
9
10.
Damages Claimed:
a. Amount claimed as of this date'
b. Estimated amount of future costs:
c. Total amount claimed'
·
d. Attach basis for computation of amounts claimed (include copies o'f all bills, invoices,
estimates, etc.)
Names and addresses of ali witnesses, hospitals, doctors, 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 true. I certify under penalty of perjury that the foregoing is true
and correct.
Executed this .... .-~..~, ~ day of ~~~7~~ 19 ~ 7
Date Filed' /...~--- ~ ;;L --~ ~
2:CLAIM (7196)
CLAIM AGAINST THE CITI ~TUSTIN (continuation of I~ ~L 4)
Claimant: Francis K. Hunter
Address:
4. Occurrence or event from which the claim arises:
a. Date: 12/09/07; 12/12/97; 12/17/97
b. Time: N/A
c. Place: 13682 Marshall Lane, Tustin, CA
d. How and under what circumstances did damage or injury occur?
Item 4.d. Circumstances and discussion.
Problem: Roots from city tree(s) have invaded the sewer connection between
property sewer line at the above address and the main city sewer line.
Location of problem: 13682 Marshall Lane, Tustin, CA 92780-1824
Location of Tree(s): Against the sound wall along the 55 freeway and directly
across the street from the above property.
Type of Tree: Ficus
Personnel Contacted: Ray O'Brien, Field Supervisor, RoboOne Plumbing Company
~Jim" City of Tustin "Tree man"
"Martin" City of Tustin Field Services Maintenance
Supervisor 714-573-3350
Written Statements Submitted: Ray O'Brien
Discussion with City Employees:
"JIM": I contacted Jim while he was working near my home on 12/17/97 and
asked him to take a look at my problem and offer his opinions/solutions to the
problem. He observed the cracking and lifting of the curb by the offending
tree and damage to the street surface as well. He followed cracks in the
street surface from the base of the tree to the general location of the city
sewer line/homeowner line connection. In addition, he observed the
approximate 1" drop and cracking of the curb and gutter in the area of the
homeowner line connection in the street. He stated that this is a City of
Tustin problem and must be addressed. He indicated that Ficus trees have a
massive root system and are not suitable for use in their present location.
His suggested replacement was, I believe, an Italian Cypress. Jim gave me a
telephone number for "Martin" and asked me to contact him to get the ball
rolling on the problem solution.
"MARTIN": I contacted Martin on 12/18/97 and discussed what Jim and I had
talked about. He stated that Jim had spoken to him about the problem. He
also asked if I had contacted the Orange County Sanitation Department as they
are contracted to take care of Tustin's sewer problems. I told'him that I had
not because I was unaware of this contractural arrangement. We discussed the
problems the plumbing .company had in getting through the root system and
getting a moderate flow of water to the city sewer line. Martin indicated
that he would take action to inspect the problem with the tree personally (I
think most folks have difficulty in understanding how a tree from across the
street could cause such damage. Note: Marshall Lane is not a full width
street). He also stated that he would contact the Sanitation Department to
get them to check out the sewer line. He was unsure at this time if he would
cut the tree down and/or replace it. He is to call me back with a report of
what action will be taken.
My Recommendation: Remove the tree and prevent future homeowner
inconvenience, sewage backup and possible health hazards which may require
action by the County Health Department. It is felt that this would eliminate
future claims for this problem and perhaps a much more expensive repair of the
main sewer line.
Follow-up Action: I feel certain that Martin will call back but if I am not
contacted by 01/17/98 I will be checking with him again. I would not be
comfortable with a long delay as these roots are quite aggressive and will
probably return in short order.
Additional Note: My neighbor at 13652 Marshall Lane recently went through a
similar problem with tree roots from the trees across the street from his
house. I believe he may also file a claim. Plumbing trucks are a frequent
sight on this street. I say. this to perhaps bring to your attention the
distinct possibility of further and perhaps more costly problems lying ahead
for the city.
4.e. What particular action by the City, or its employees, caused the alleged
damage or injury?
I can only list the following general observations:
(1) Failure to maintain the trees and grounds for approximately
the past 3 years (extenuating circumstances may be the
installation of the sound wall by CALTRANS).
(2) The trees have no method of gathering water or nutrients on
the freeway side of the sound wall and only about 3 feet .of
unpaved dirt exists between the wall and the street on the
Marshall Lane side.
(3) No working sprinkler system for trees presently exists.
(4) Trees selected for this area were impr6per type (see
discussion with "JIM" in 4.d. above.)
Finally: Both City of Tustin employees were polite and acknowledged that
something needed to be done. I appreciate the general attitude of all city
employees and their concern in helping residents. I believe that the City of
Tustin does have great concern for its residents, I just hope we can get this
problem resolved soon.
. [] aoo~ s~
DEAIN & SEWER CLEANIN~ [. ~t6IT'-v'""
1-800-649-7626 '7
OBA~ E:]BA~m~ 1::3SHOW~. OTO~L~' E:)Lm~-.-"°...;.-.~
[--'i FLO0~I~" r"lGREA~ElI1AP E:] POOLDRAIN . r-] OTHER
·
,.
)
FAMILY ~ CC~IDO --
ACCOU~ PHONE
ACCESS USED ..... · . .
~ ,.C~.~.,:~.~; .',.I-IIHRUFIX11JRE . .
0 REMO~ IRAP '" r~ OTHER "-~" ": .......
ti/oH-
· . · . .............. - ... ' TOTAL ESTIMATE:
';i boY6 ~Vlewea faa al:~ve estimate of the cost of the prol:)Osed wo~ to be c°r~pletecl On my prol:~rty/i'ogree to i~ forall w°rk completed onmy propedy by
~obo'O .ne plumbing Corporation at my request. I am aware of the terms and conditions .of this agreement on reverse slcle of this Invoice and expre.~ agree to
'hereon. I understand the above Is an estimate and not a guarantee figure for the completion of the work on my property. I understand
~ work outlined above unless It obtains a further agreement from me. : ~ -.
· ·
ADDmONAL WORK. . $ · · . ,:..' .
. ,.. :. REVISED ESTIMATE:: · · ' ". -'' - : ..... :' - · :': INITIAL' . '. '." "
Note Made by:
- Ray O'Brien
Field.Supervisor
RoboOne 1-800-649-7626
.
·
-.
,.
·
~ ·
CAUSE OF BLOCKAGE:
RECOMMENDATIONS:
· METHOD OF PAYMENT: I::], CASH [::} CHECK #
· · ',~__ I.L,
I HAVE NAD ,~1 oPPO~r/Y TO REVIEW ALL OF TNE WO~&~"PEI~r-o~MED ON MY PI~OPEI"~Y BY ROlO ONE H. UM~ING
· ~ AND AM SATISFIED W~N THE SAME, NO DAMAGES WERE II~L~RED 1'O MY PROPEr~Y AS A RESULT OF
1HE W~K PERr-C~MED BY ROBO ONE P~UMBING CORPOIlA11ON. I HAVE RECEIVED AND UNDEI"GTOOD
.' - ..... / · ~:~N~IUR~
TOTAL:
SALES TAX~
SE;lVlCE LABOR
JOB TOTAL:
AMOUNT PAID/ADJUSTMENTS:
BALANCE DUE:
· ~ WHITE: Office Copy CANARY: Office Copy PINK: Customer Copy GOLDRD: ~lling .
· .
12/15/97
TO WHOM IT MAY CONCEPJ{:
I am the Field Supervisor for RoboOne, a large Plumbing, Drain and Sewer
Cleaning Service company, serving most southern California .areas. I
personally Hydro Jetted and snaked the main sewer line at 13682 Marshall Lane,
Tustin, CA 92780 on 12/12/97 and removed large quantities of roots from the
connective area.of the main city sewer line and the homeowners line. I again
snaked the homeowner line on 12/15/97 resulting in additional root removal.
I have had considerable experience with sewer line cleaning and repair
including homeowner main lines, city sewer lines and city storm drains. My
analysis of the problem is that the large trees across the street from the
homeowner at 136~ Marshall Lane present the most likely cause of the
significant stoppage. In viewing the street surface in front of this home, a
large tree directly opposite to the home has destroyed the street surface on
more than one occasion and has highly visible cracks in the street surface
leading from the tree across the street towards the city sewer line in the
area of the homeowners connection.
it would be my recommendation that the city take appropriate action to remove
the source of the problem. Since there are many large trees on this street I
would also recommend a complete sewer 'line check by the city to preclude
similar situations and homeowner inconvenience a~j~d expense,~in the future.
Field/Supervisor, RoboOne
1-800-649-7626