HomeMy WebLinkAbout19 CLAIM #95-14 06-19-95Inter-Com
NO. 19
6-19-95
DATE'
JUNE 14, 1995
TO:
FROM:
SUBJECT:
WILLIAMS. HUSTON, CITY MANAGER
RONAL~~~.~JLT, FINgaNCE DIRECTOR
CLAIM NO. 95-14, MARY KAY CHVATAL
RECOMMENDATION:
Direct staff to authorize Carl Warren and Co. to. offer settlement
of Claim No. 95-14 in the amount of $623, to reimburse the claimant
for expenses incurred to clear out the sewer lateral.
BACKGROUND:
The City Council continued this item from their June 5 meeting and
asked staff to review the circumstances relating to this claim.
DISCUSSION:
Public Works Department staff inspected the damage and determined
that the tree had invaded the lateral at the joint and not through
a crack or other damage to the lateral which would typically be the
case. A City contractor effected a repair to the joint.
The unique nature of this claim warrants the staff recommendation.
RAN:ab
a:agenda.chv
DATE:
IUNE 8, 1995
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
TIM D. SERLET, DIRECTOR OF PUBLIC WORKS/CITY 'ENGINEER
RF. JF_,CTION OF CLAIM NO. 95-14: CLAIMANT - MARY CHVATAL
!
At the June 5th City Council Meeting, Agenda Item No. 9 on the noted topic was continued
pending receipt of clarifying information from staff pertaining to the tree in question.
Our investigation has indicated that the tree in question is a City-owned tree and that it was
located within the zone of the sewer lateral to Ms. Chvatal's property. In addition, the City
previously retained a contractor to make repairs to the sewer lateral based upon our judgement
that the problem was caused by a City-owned tree and not by something that Ms. Chvatal had
or had not done.
· I hope this clarifies the matter. If you have any questions, please let me know.
Tim D. Serlet
Director of Public Works/City Engineer
TDS:ccg:clIOS-14
?
Ilia
CARL WARREN & CO.
Insur.mcc Adjusters
Claims ,~lanagcmcnt and Admini~:ration
750 Thc City Drive
Suite 400
Orange, CA 92668
Mail: P.O. Box 25180
Santa Aha, CA 92799-5180
(714) 740-7999
(800) 572-6900
F,-LK: (714) 740-7992 ~
_FIRST REPORT~ .
Rourke, Woo/cti-uff '& Spradlin
At torney.s/~t Law
.70i Sout~ Parker St., Suite 7000
Orange/CA 92668 .
Att?,~ition: Lois Jeffrey
L City Attorney
May 17, 1995
RE: City File :
Principal :
D/Incident :
Claimant :
Our File :
95-14
City of Tustin
3/14/95
Mary Kay Chvatal
S 84148 PRB
REVIEW: Claimant alleges roots from City's tree damaged
sewer lateral.
STATUS: The claim was timely filed on May 9, '1995. We are
recommending the City deny this claim. Statute of
Limitations will expire six months from the date the City's
denial letter is sent.
This appears to be a case of no liability on the part of the
City. Generally, roots will not break a lateral line. They
enter a lateral line due to pre-existing cracks or breaks in
the lateral line. Maintenance and repair of the lateral
lines is the responsibility of the property owner.
RESERVE: LPD - Mary Chvatal - $600.
COMMENTS: We await a copy of the City's denial and will
diary our file accordingly.
Very truly yours,
C~3.~ARREN & ~MPANY
Pa~_ y Ramos
PR: iw
cc: City of Tus~in, Attn: Ron
!lll'WIll/IlZ.;~llllllllllillll~l,~llllllll,'b'llllll ll llllllllllllllllllb
Im, uran¢c Ad ju.,a ct:,
730 Thc City l)r~vc
Suite 400
()ran~c, (:A 9266S
Mail: l'.(). Ib,x 231S0
Santa Aha. CA 92799-SIS0
(714) ~40-7999
{800) S72-6900
F~X: (714> 7~~.
~ary ~y_ Chvatal
14~~ulverbrook Drive
T~n, C~ 92680
May 17, 1995
RE: City File
Principal
D/Incident
Claimant
Our File
: 95-14
: City of Tustin
: 3/14/95
: Mary Chvatal
: S 84148 PRB
Dear Ms. Chvatal:
As Claims Administrators for the City of Tustin, we have
investigated a claim you filed against the City.
Our investigation indicates that lateral lines are the
responsibility of the homeowner. As a rule, most tree roots
will not damage a sewer lateral line. They will seek the
path of least resistance and grow over.or under the lateral.
If the pipe or joint is defective or has deteriorated due to
age (we understand your is approximately 25 years old), or
has cracked due to earthqfuake or land settling, tiny hair
roots will enter. Once inside the line they grow rapidly due
to the natural fertilization provided by the sewer contents.
Since the City is not responsible for your damages, we have
recommended the City deny your claim. Should the City agree
with our recommendation, it will'send a formal denial letter
in the mail in the near future.
Very truly yours~
CARL WARREN & COMPANY
Patty R/~mos
PR:iw
~. cc: City of Tustin, Attn: Ron Nault
\
cc: Lois Jeffrey, Esq., City Attorney