HomeMy WebLinkAbout05 CLAIM #95-5 04-17-95NO. 5
4-17-95
MEMORANDUM
TO' .
FROM:
DATE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
April 5, 1995
'Claimant: Dwight Avery; Claim No.' 95-5; D/L: 1/27/95;
Date Filed w/City: 2/21/95; Carl Warren File No.: S 83538 PRL
Recommendation:
After investigation and review it is recommended that the above-referenced claim be
rejected and the City Clerk be directed to give proper notice of the rejection to the claimant and
to the claimant's attorney.
Background:
The claimant trimmed a City's carrottwood tree on his own and demands that the City
pay him for his efforts at the rate the City would pay a tree-trimmer ($39.00). There is no .
evidence of City negligence, and no damages to the claimant's property are claimed. If the City
Council believes tree trimming should be increased for aesthetic reasons, that's a policy decision
the Council 'can make. As a practical matter, paying a resident to trim a City tree could create
an expensive precedent.
Lois E. Seffre~ ~J ~/ D
Enclosure: Copy of Claim
CC'
Carl Warren & Co.
Finance Director
City Manager
City of Tustin _
CL3%IM 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 ok
the City of'Tustin within 6 months after the incident or event occurred. 'Be
sure your claim is against the City of Tustin, not another public entity.
Wqaere 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 92680
WI{EN 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:
1. a. NAME OF CLAIMANT: Dwight D. Avery
b. ADDRESS OF CLAIMA/~T:
d. TELEPHONE NO: ('
e. DATE OF BIRTH:
f. SOCIAL SECURITY NO:
g. DRIVERS LICENSE NO:
2. Name, telephone and post office address to which claimant desires notice
to be sent (if other than above):
3. This claim is submitted against:
a. XX The City of Tustin Only.
b. The following employee(s) of the City of Tustin only:
Ce
The City of Tustin and the following employee(s) of the City
of Tustin only:
4. Occurrence or event from which the claim arises-
a. DATE: 3anuary 27, 1995
b. TIME: 8'00 a.m. to 2:00 p.m.
C. PLACE (Exact and specific location)- 2322 Sable Tree Circle
Tustin, Ca. 92680 City tree in front parkway
d. HOW and under what circumstances did damage or injury occur? Specify
the Particular occurrence, event, act or omission you claim cause~
the injury or damage (Use additional paper if necessary):
No permanent injury.
3ust good exercise from spending six hours ot my time trimming your
city tree. Please see my attached letter for further explanation.
e. 'WHAT particul, rtion by the City, or _ employees, caused the
alleged damage o~ inju~~
See tSe attacSed letter 6r fUrther explanation. Slow or no .response
tor 1Tustln citizens request £or help.
5. 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".
NO injuries
6. Give the name(s) of the City employee(s) causing the damage or injury:
7. Name and address of any other person injured:
8. Name and address of the owner or any damaged property:
9. Damages claimed:
a. Amount claimed as of the date: $39.00 Tree Trimming (City rate).
b. Estimated amount of future costs: None nope~u±ly in .the future.
c. Total amount claimed:
d. Attach basis for computation of amounts claimed (include copies of
all 'bills, invoices, estimates, etc.
10. Names and addresses of all' witnesses, hosPitals, doctors, etc.
IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM!!
(Penal Code Section 72; Insurance Code Section 556.0)
' nave read the matters and statements made in ~he above claim and I know the
· ~me to be true-of my own knowledge, except as to those matters stated to be
~pon information or belief and as to such matters I believe the same to be
%rue. I certify under penalty or perjury that the foregoing is TRUE AND
Executed this /~ ~'-~day of ~~~Y, 19~__, at Tustin, California.
DATE FILED:
CLAIMAN~ S SIGNATURE
A tax paye~ I.D. can be furnished on request if needed.
ol'CLFORM
Revised 4/29/91
TO THE HONORABLE MAYOR AND CITY COUNCIL
City Clerk
City of Tustin
300 Centennial Way
Tustin, Ca. 92680
February 16, 1995
Dear Honorable Mayor and City Council,
I am Dwight Dennis Avery, residing at 2322 Sable Tree Circle, in
the City of Tustin. I have been a Tustin resident since February 1975.
In the twenty years our family has lived here I have had a high regard
for city services, the school system, police department, and the fisca1
responsibility of the city executives for the most part. I am writing
this letter for two reasons. First, please do not let the city services
slip to much in current Orange County Crisas. Second, to bring to your
attention an unpleasant experience with the city landscape department
and supervisor Mr. Ken Schultz, part of which is to request payment of
$39.00 for city services I had to perform myself, which was to trim
the 'City Carrotwood tree which is planted in the parkway in'frontof my
home. This tree is very messy six months out of the yearat the least
and also stains the sidewalk and my driveway unless trimmed. The city
used to trim tree once a year and now it is once every ~two..years at the
soonest. I have in the past trimmed this tree many times myself or
called Mr. Bob Ledendecker, who would have it trimmed almost the next
day after I called (which was only a couple of times).
The current situation that happened is I called the city on Thursday
January 19, 1995 and asked ~for Bob Ledendecker. I was informed he was
no longer with the city and was given Mr. Ken Schultz phone number to
call. I spoke with Mr. Schultz, who is a supervisor of tree trimming
and was informed that the city would not be trimming my tree for at
least four months. This of course is the messiest time of the year.
I had two choices, either pick up the mess daily or trim myself. I
trimmed it January 27,1995 and'spent six hours doing it. It looks
great and there is no mess. I called Mr. Schultz and asked what the
city contracted cost was to trim this tree and he told my their best
price was $39.00 for trees all in a row or more if they make a special
trip. I am therefore requesting payment of $39.00 for trimming the
city tree.
I would appreciate your assistance in this matter.
Sincerely ,/'A ~
Dwight D. Avery
2322 Sable Tree Circle
Tustin, Ca. 92680
(714) 838-2304