HomeMy WebLinkAbout07 CLAIM DIFILIPPO 04-18-05
Agenda Item
7
A G END A REPORT
Reviewed: .t:
City Manager
Finance Director. .
MEETING DATE:
April 18,2005
TO:
FROM:
WilLIAM A. HUSTON, CITY MANAGER
RONALD A. NAULT, FINANCE DIRECTOR
SUBJECT:
CONSIDERATION OF CLAIM OF Silvana Difilippo, CLAIM NO. 05-11
SUMMARY:
The Claimant alleges that a City owned tree was uprooted by high winds and fell into her yard
severely damaging a block wall fence, some landscape planters, landscaping and a trampoline.
The City's adjuster and staff have reviewed the facts of the claim and recommend denial based on
the facts that the tree was properly maintained and that severe winds were the cause of the tree
being uprooted.
RECOMMENDATION:
That the City Council deny Claim Number 05-11 and direct Staff to send a denial letter to
Mrs. Silvana Difilippo.
FISCAL IMPACT:
None.
DISCUSSION:
The City maintains our trees according to guidelines established for each type based on the
recommendation of our Arborist. Meticulous records are keep as to the details of all trimming and
other maintenance of each City tree. The tree in question was well maintained with the proper trim
schedule and was in good health at the time it was up rooted during high winds. Staff's position is
that the facts and the circumstances indicate that the damage was caused by severe winds
second rily caused a healthy tree to be uprooted. Staff recommends that the City Council deny the
claim.
ATTACHMENT: Copy of Claim
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
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Received Via:
D U.S. Mail
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0 Over the Counter
A claim must be presented, as prescribed by the Government Code of the State of Caiifornia, by the claimant or a person
acting on his/her behalf and shall provide the information shown below. Be sure your claim is against the Citv of Tustin,
not another public entity. Completed claims must be presented to the City of Tustin, City Clerk's Office, 300
Centennial Way, Tustin, California 92780.
If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being
answered.
1.
Name and Post Office address of the Claimant:
Name of Claimant: 5tlùCt'V)"'-. :})i+iLI'{)fir\)
Post Office Address: ~ IJ
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2.
Post Office address to which the person presenting the claim desires notices to be sent:
Name of Addressee:
Post Office Address:
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Teiephone:
3.
The date, place and other circumstances of the occurrence or transaction from which the claim arises.
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4.
5.
The name or names of the public employee or empioyees causing the injury, damage, or loss, if known.
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READ CAREFULLY
For all accident ciaims, piace 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 corners. if City/Agency Vehicle was invoived, designate by
letter "A" location of City/Agency Vehicie when you first saw it,
and by "8" location of yourseif or your vehicle when you first saw
City/Agency Vehicle; iocation of City/Agency vehicie at time of
accident by "A-1" and iocation of yourself or your vehicie 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 ciaimant.
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SIDEWALK
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SIDEWALK
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: 2/ \'Þ
Dc:.
Revised 11-18-03
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