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Home My WebLink About04 CLAIM 07-28 JOE W TURNER 10-02-07Agenda Item • Reviewed: ,_~,_ _ ., r1V ~l r ~r1 ~1 O~ 1 City Manager t; ;~ ~~~' Finance Director MEETING DATE: October 2, 2007 TO: William A. Huston, City Manager FROM: Ronald A. Nault, Finance Director 4 SUBJECT: CONSIDERATION OF CLAIM OF JOE W. TURNER, JR., CLAIM NUMBER 07-28 SUMMARY: The Claimant reported that drains and toilets in his home were backing up and running over - he stated the roots of a City tree had taken out the sewer main drain. Rooter system service was needed to locate, video and clean out the blockage. The Claimant is requesting reimbursement of approximately $10,000 in charges to clear his sewer pipe and to reline to the sewer main line. RECOMMENDATION: That the City Council deny Claim Number 07-28, Joe W. Turner, Jr., and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Staff and the City's Claims Administrator have found no fault attributable to the City of Tustin for the Claimant's damages. The sewer lateral line from the house to the main line is the homeowner's responsibility, and the City is not responsible for any blockage caused by tree root intrusion. Tree roots are attracted to the moisture and nutrients from cracks in the sewer line that are generally caused by the natural settling of the earth around the lines. Staff is recommending the Claim be denied at thi time. i Rona A. Nault Finance Director ATTACHMENT: Copy of Claim No. 07-28 ConsiderationOfC/aimOfJoe TurnerJr. doc D. Claims for damages to real property must be filed no later than one year after the occurrence (Govemment Code § 911.2). E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. F. A claim must be presented, as prescribed by the Govemment Code of the State of California, by the claimant or a person acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on his behalf (Govemment Code § 910.2). G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims. H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780. 1. Name and Post Office address of the Claimant: Name of Claimant: ~b~, U1, i~~~~ Home Address: Home Telephone: Work Telephone: ~CL~7~y `~~ ~~ - 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: N~ ~ Telephone: Post Office Address: 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: ~- / `j C~`~ Time of Occurrence: `~ : ~~, Location: I j ~-r„~ fit/( ~",tj ~q ~,L1 ~ ~ /~ d ~ TvS'i~ ~~ Circumstances giving rise to this claim: p (,..~„ `~ ~~ i N S / ~ S! 17 ~ ~ Z} ~ ~ A (~ ~ ~C K (!~~ u? a LL 7'oi ~.~ ~?r~" ;e~uNNr~s~ o~~r~ ~u~~ ovT ~~i `T~r~~ r~.~' ~~~~ ~i cc ~_.~ n >J ~ ~ y % c ~~ e.. t~ 7rj K~-~ our 5~.~ ~~'t P ~+~ j~ r_~ 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. r l~ `~~ ;~ ~ ~~ C~eA ~ cif . 7 rU~~ t~ ~!~ rb 1~ u~ ; -- v1 `Kzxj~''r S'r/. ~ t ~~ E~'-V I ~ T ~ Ly~'. ~•~C' Page 1 of 4 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. N~~ 6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury, damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Claimed and basis for computation: ~ Q`?j,jC~, for ~L,1 ~„ ~' l `75a ~ r `~Zxrk^r' S t'c- +~/i ~ ~ i ~ G~.P~- ff amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86. ) ^ Limited Civil Case ^ Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the Cit of Tustin re nests that ou answer the followin uestions. 7. Narne, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: ~,'~c~ `~z~" Icy ~ Nt ~~-~ sr~~ ~G O~anrte. l'~. 9$6'7 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: If applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: ~ ~ ~ Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 READ CAREFULLY For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street comers. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw SIDEWALK ~/ CURB '// City/Agency Vehicle; location of City/Agency vehicle at time ~ accident by "A-1" and location of yourself or your vehicle at th time of the accident by "B-1"and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto proper diagram signed by claimant. PARKWAY CURB Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may see to recover all costs of defense in the event an action is filed which is later determined not to have been brought in goo faith and with reasonable cause. Sig oa.< ~ a~ o Page 3 of 4 !~- r.,. W W ~ O ~ M dG M W ~ 0o a = u 00 I f',I 1'-7 ~a r~ o ~ ~ ~ J I ~ I W W I N Is L7 ~ ~ ~. z I 0 i _ I ~ I N r,: _~ V , r _ S~ .,.... t'" . ~ ._. ~ ~ ti ~~ W ~ ^ ^ V ^~~~ ^^~. ~^ ^ e~ ! 4 a ~~J ~ _J :.J ~ m m r ~ ~ , d ~~ ~ ~ W ~~ ~... V ~~ FW- ~- ~~ ~~ ~ ~ ~ W a - d ~ ~ Z N ~ ~ ~ W ~ W Q ~ a N a ~~ ~ o ~ ~ I~l i~ ~ ~ O ~y 4 iii f "~ .. ~+ ~ # ~.~ ~ w r ....t :~ ... ~ s (~ ~ ~,l v ~ a /.'' j t... : ~ ~''. ; ;~ _.~ ~:.~ .°C~p c`^ ~o ~ O ~. RS ~p ~ ~o ~ ~ x O *,c-+ c ~ N C +`r ~ ~ ~ `~ v ~ .~ t ~ c ~ vt+C ~ ~ g ... ~++ ~` - O ~ ~ C p ~ aN ~ !-W ~j ~~ ~ ~~ ~ O~j C1~ . . ~ L .~u_/" ~"~ ~~ ~ 0 ~~ ~~ m m ~ a ~~ c ro ~~ ~~ . 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