HomeMy WebLinkAbout05 DENY CLAIM 05-06 03-07-2005
City Manager
Finance Director
i
AGENDA REPORT
Agenda Item
Reviewed:
MEETING DATE:
MARCH 7, 2005
TO:
WilLIAM A. HUSTON, CITY MANAGER
FROM:
RONALD A. NAULT, FINANCE DIRECTOR
SUBJECT:
CONSIDERATION OF CLAIM OF STEPHEN S. WEBSTER, CLAIM NO. 05-06
SUMMARY:
The Claimant alleges that City owned trees damaged the sewer lateral line on his property. Tree
roots do not normally damage sewer lines, damaged sewer lines attract tree roots. Staff is
recommending denial of Mr. Webster's claim
RECOMMENDATION:
That the City Council deny Claim Number 05-06 and direct Staff to send a denial letter to
Mr. Stephen S. Webster.
FISCAL IMPACT:
None.
DISCUSSION:
Tree roots are attracted to water and food sources. A sewer lateral line in good repair will not
otherwise attract tree roots. The most common sequence of events is that a sewer lateral will be
damaged by improper installation, earthquakes, expansive soil, material deterioration, etc. Once
the lateral has been breached, the nutrient rich environment will quickly attract the roots of any
trees and plants in the general vicinity. Staff and the City's Adjuster are recommending denial of
Mr. Webster's claim.
Rt&1.~ ~
Finance Director
ATTACHMENT: Copy of Claim No. 05-06
U :ICLAI M SIConsiderationOfClaimOfStephenWebster.doc
CLAIM AGAINST THE CITY OF TUSTIN
(For DamageSaO erson or Personal Property)
~ 'ý OF TUSTIN
Received Via: "G Cltïfne Stamp:
0 U.S. Mail II .
0, )nter-OfficeMaii . ~I\.',rll., L IGGJ W~ 21 P \.\. 3~
,EJ Over the Counter "'" Cralm No:
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 flied 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 hisiher 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: síFEPHe¡.J :5 weBS1eA
Social Security No.: 5"5'21- 2-"1- 929'5
Post Office Address: 135;32 Lt;lZeITI1 Dr
7v51í N CF¡ q 2- 7'10
Date of Birth: ~ - 1t.>,1:, f
2.
Post Office address to which the person presenting the claim desires notices to be sent:
Name of Addressee:
Post Office Address:
<;OrYH! 05 O'Jr¡tl12.
Telephone: 7J~ 136 7Z8 7
3.
The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Time of Occurrence:
if; 3ð ""^
of
4.
G~.' "!' "" '"d'W"'",ess, obligation, injury. damage or ioss incurred so far as you now know. '-
'£,;7;- - ð ~i !'!:~¿E fï7::.t¡;~ ¡: ~~¡~
Page 1 014
5.
The name or names of the public employee or employees causing the injury, damage, or loss, if known.
, NtJr I'JPpLJe~ . .
6.
If amount clalmed'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.)
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 attomey 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.)
D Limited Civil Case
0 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
Clt of Tustin re uests that ou answer the followin uestlons.
7.
Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises:
)~10
8.
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
9.
If the claim relates to an automobile accident:
N/II
Glãimant(s) Auto Ins. Co.:
Address:
Telephone:
Insurance Policy No.:
Insurance Broker/Agent:
Address:
Telephone:
Claimant's Veh. Lic. No.:
Claimant's Drivers Lic. No.:
Vehicle MakelYear:
Expiration:
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If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
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 CityiAgency Vehicle when you first saw it,
and by "B" iocation of yourself or your vehicle when you first saw
CityiAgency Vehicle; iocation of CltylAgency 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 beiow do not fit the situation. attach hereto a
proper diagram signed by ciaimant.
-!III I~ L
SIDEWALK
CURB --4'
CURB -..
W $1 PARKWAY - in r
SiDEWALK
Warning: Presentation of a false claim is a feiony (Penai Code §72). Pursuant to CCP §1038, the CityiAgency 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:
4IMÛ
Date:
Yz /R~
Page30f4
IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION.
SIGN BOTH FORMS.
APPLICATION FOR LEAVE TO PRESENT A
LATE CLAIM TO THE CITY OF TUSTIN
The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made
within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances,
leave to present a late claim will be granted (Govemment Code § 911.6). The reason for delay in presenting the claim is:
Signature of Ciaimant
Date
Revised 1212004
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