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Home My WebLink About10 CLAIM 07-23, KEVIN J. LAMP 11-06-07Agenda Item 10 ------r! Reviewed: ,~u. - A~JENDA ~1 O~~ City Manager .~~'' Finance Director' MEETING DATE: November 6, 2007 TO: William A. Huston, City Manager FROM: Ronald A. Nault, Finance Director SUBJECT: CONSIDERATION OF CLAIM OF KEVIN JOHN LAMP, CLAIM NUMBER 07-23 SUMMARY: The Claimant reported that City trees have caused problems with a number of residences on his street, penetrating the sewer pipes in front of the houses. He had the lines rooted out twice -then subsequent plumbing service work was needed on the sewer lateral line, at a cost of $8,250.00. RECOMMENDATION: That the City Council deny Claim Number 07-23, Kevin John Lamp, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The investigation conducted by Staff and the City's Claims Administrator has found no fault attributable to the City of Tustin in this case. It is believed that tree roots do not enter a sewer or water line unless there is a break or joint separation which attracts the roots. The City is not responsible for any sewer blockage caused by tree root intrusion. As it is the homeowner's responsibility to maintain the sewer lateral line, Staff is recommending the Claim be denied. ATTACHMENT: Copy of Claim No. 07-23 ConsiderationOfC/aimOfKevinJohnLamp. doc rmance uirec~~r • CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received Via: ^ U.S. Mail Inter-Office Mail - Overthe Counter `~ ~~ PLEASE NOTE: A. Read entire claim before filing. B. Be sure-your claim is against the City of Tustin, not another public entity. C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence (Govemment Code § 911.2). 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 Government 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 ~{~~ ~ t ~ ~O~ ~ ~,.,,, ~" M Home Address: .. 2. - •Home Telephone: `" ~ Work Telephone: ~ °~ ~ ..Post Office address to which the person presenting the claim desires notices to be sent: . (If different from above) Name of Addressee: ~ ~ ~ s ~ Telephone: Post Office. Address: - ~ ~~ .3. ~ , The :date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: ~ ~ ~ 1 Time of Occurrence: Location;:.. { . 5 'Z. ~ ~ Z ~ Circumstances aivina rise to this claim: ~- _ _ • ~, ~ 4. Gen ral descripti n of the indebtedn , o ligation, injury, da ge or ioss incurred so tar as you now rcnow. Ju .~ a~ ,~t.cn Time ~rfi~~ ~ F 'T U S T I t~ ~, 23 Clairr~Q~Td: ~UL 12 P 2' ~~ • • 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. 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: ~, ~ ~ , ~v If 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 Civit Case ^ Unlimited Civil Case 7. 8. 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 City of Tustin requests that you answer the following questions. 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 Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim ~ri~n~• • • 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 City/Agency Vehicle; location of City/Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the 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 a proper diagram signed by claimant. SIDEWALK CURB ~ PARKWAY SIDEWALK CURB -~, Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: Page 3 of 4 _ 505b73 1 14b4bb ' CQD Y ~ - WORK ORDER /INVOICE • =i No. 14 6 4 6 6 A S BIARD & CaOC~UMBING SERVICE INC. h 320 E. KATELLA°AVE: SUITE P • ORANGE, CALIFORNIA 92867 • (714) 639-4400 • FAX (714) 639-5132 JOB NAME t -~-Laura ADDRESS ~,.,', BILL TO Lamo. Laura ADDRESS PHONE I :..PHONE )ATE ORDERED BY CALL TAKEN BY SERVICEMAN ~ ~" ~Q`~ - ~.-.r: iS if ~, i '~.-n~~b,-u~...., i R E REQUESTED DER ~~ ~Y _ _ "_ _ _ ~ _ ~ _ DATE a_: START STOP HOURS I1 , -- iDo~ ~//C , ~~' rz~G- Tb L-1-J~~ ~ 3 3 ' ,40 ~,, l~ hJ~ Z i t1 P S ?'YLG-~ k'l ~~-~ v~'~'9, s~ ,I/`-~ ~~~C ~_ ( ~ ~ ~ ~~ Y~ L~D f MATERIAL v~v• r ~ ILA ~'o ~ S r T ca.a PATCHING CH 0 - ~~~~r,~~/c~ G ~ o Z- ~zo j o 7 - DRAIN CH WORK AUTHORIZATION-AUTHORIZATION TO PROCEED WITH-REPAIRS - I, the undersigned, am owner/authorized representativenenant of the premises at which the work mentioned above is to be done. I hereby authorize you to perform said work. and to use such labor and materi as yo deem , EQUIP,.CHARG advisable. Minimum charge equals'/, hour of Plumber's. time on the premises. Additional time required will be charged at per quarter hour. f hereby authorize you to proceed with theabove work I hereby authorize you to proceed with the above work at a co act price of on a time and materials basis. ~ ~ ~ >'S~ ~. servicemen are required to have this. invoice signed. This is done to protect. you, the serviceman, and ourselves, and toe o, give you satisfactory, service. You are requested to xamine the labor and materials as stated, before the serviceman leaves the premises and ifyou find everything satisfactory, n-this invoice: If anything is unsatisfactory,, please_contact the ~ffice immediately. By,signmg,this agreement,,you are agreeing notao,.hold Biard Crockett Plumbing Service, Inc. responsible for any breakage or damage which may:have occurred in the erformance of this work. You are acre tiri the time and material above as satisfacto A finance char a will be added to, alf ast dtie accounts over"thi ~" p 9 ry• g p rty l30)-days. Should"suit be instituted iii-ect any debts of the undersigned, the undersigned agrees 'to pay- all actual costs of collection and attorneys's fees and interest on the past due amount at the highest rate legally vailable-and Venue shall be Orange,. California. Title~fo rrraterials does not pass to customer until paid for in full. This is in addition to any rights:we~may-have under the California mechanics ~ien Law. _~_ , . . , pntractors are required by law to belicensed and regulated by the Contractors'. ate License Board:'Any questions concerning a contlract may be :refelrred to . - 'e registrar of the board who address: CONTRACTORS' STATE LICENSE BOARD,° ~` ~ - -~~y- ~ '-" " 32 .Bradshaw Rd., Sacramento, CA 95827. sIGNED `~ CONTRACTORS' STATE LICENSE #313514 QUALITY PLUMBING EXPERIENCED CRAFTSMEN FAST EFFICIENT SERVICE