HomeMy WebLinkAbout06 CLAIM SANDY WOOD 02-03-03AGENDA REPORT
NO. 6
02-03-03
MEETING DATE: FEBRUARY 3, 2002
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
CLAIM OF SANDY WOOD; CLAIM NO. 03-03
SUMMARY:
The City Attorney is recommending that the City Council deny the claim and direct the
City Clerk to send notice thereof to the claimant and the claimant's attorneys.
RECOMMENDATION:
Deny the claim and direct the City Clerk to send notice thereof to the claimant and the
claimant's attorneys.
DISCUSSION:
The property owner claims damages of $7,400 due to a clogged sewer line. The
claimant alleges that a City tree caused the problems with the sewer line. Tree roots
are not capable of cracking or breaking sewer lines. However, if the sewer line is
already cracked or broken, roots will seek water through the broken line. After
investigation and review by the City's claims adjuster, it is recommended that the City
Council deny the claim and direct the City Clerk to send a notice thereof to the claimant
and the claimant's attorneys.
ATTACHMENT:
Copy of Claim
163880.1
CITY OF TUSTIN
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages 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 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
Centennial Way, Tustin, California 92780.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLAC'K 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:
Address of Claiman..q~.t'
City/ZipCode: '
Telephone Number:
Date of Bi,h:
Social Security Number:
Driver License Number:
.
Name, teleph~.~,e, and post office address to which claimant desires notices to be sent (if other than
above): ~
o
This claim is submitted against:
a. "~. The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
Co
The City of Tustin and the following employee(s) of the City of Tustin only:.
.
Occurrence or event from which the claim arises:
a. Date:
b. Time: h..)
c. Place (Exactand 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
eo
paper if necessary: ' ' -- . '.. - .q. '-,- - - ' -,
W~t pa6icular a¢ion b.y the citY, or its ~m?oyees, caused tne ~eged damCge or ~njuw.
.
,
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 employee(s) causing the damage or injury:
,
Name and address of any other person injured':
.
.
10.
Name and ad,~ress ~ the of an.v damaged property:
/~...~ ~{-,~)
Damages Claimed:
a.
b.
C.
d.
Amount claimed as of this date: 4 ~/fro 0,, 0 0
Estimated amount of future costs: ¢, ~
Total amount claimed' "~ ¥1 ~.-0 0', 0 0
Attach basis for computation of amounts claimed
estimates, etc.)
(include copies of all
bills, invoices,
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)
I 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 ~~~. ! certi~ under p airy of p jury that the foregoing is true and correct.
Claimant's Signature:
Executed this ~:~O J~L- )~-'~ '
day of ' ., 20 ~2'~ .
Date filed this day of , 20~
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.-- CO
October 14, 2002
To Whom It May Concern:
,~,
My husband and I live at 155 Pacific St. in Tustin and are both concerned about
the damage done to our property by a huge camphor tree which the city planted
several years ago in our parkway. This tree towers over the entire street like a
giant mushroom cloud. It is tearing up the sidewalk, our driveway, and is so big
that it's actually lifting our house off of its foundation! Our front porch.has a huge
crack and the foundation around the house also has several cracks. We live in a
1925 historic home in old town and are concerned that our house is losing value
because of what this tree is doing to it. Last Thanksgiving, we had to have a
plumber make an emergency house call because the tree's roots had clogged
our sewer line and we couldn't use our toilets (with a house full of guests). The
plumber told us that the tree roots were the cause and that it would probably
happen every year. The Orange County Sewer District later confirmed that the
tree roots were indeed the cause of the damage.
We are asking that because of these problems, the city remove the tree. Feel
free to come by and look at the gigantic tree and the damage its causing on the
outside of our house.
We look forward to hearing from you soon.-
_
Karen and Sandy Wood
(714) 832-8752 (home)
(714) 347-8775 (work)