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HomeMy WebLinkAbout04 CLAIM H.A. BEALL 07-05-05 Finance Director it AGENDA REPORT Agenda Item Reviewed: City Manager MEETING DATE: JULY 5, 2005 TO: WilLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF H. A. BEAll, CLAIM NO. 05-19 SUMMARY: The Claimant alleges that while their irrigation contractor was replacing water shut-off valves on their property, the City's valve in the street failed - causing their basement to flood. RECOMMENDATION: That the City Council deny Claim Number 05-19, H. A. Beall, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: City Water Department staff responded to the call from the Claimant on the day of the occurrence and found the City's angle valve broken in the open position, allowing water to flow onto the Claimant's property and consequently flood their basement. Staffs conclusion is that the Claimant's irrigation contractor broke the angle valve, causing the claimed damage, which supports the recommendation to deny the claim. ATTACHMENT: Copy of Claim No. 05-19 U :\CLAI MS\ConsiderationOfClai mOfHABeall.doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received Via: 0 U.S. Mail .,6;1 Inter-Office Mail ~ Over the Counter O~/~~ r./TYta°F TUSTIN ÎIme::; mp: PLEASE NOTE: A. Read entire claim before filing. B. Be sure your cleim 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 (Government 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 presentad, 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 (Government Code § 910.2). G. This form is for the convenience of those desiring to present claims agalnstthe cIIy. 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 releting 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. ZOO\ APR - 2 A q; 5 W Claim No: - 1. Name and Post Office address of the Claimant: Name of Claimant: Social Security No.: Post Office Address: HA ßE ALL :: 2. Post Office address to which the person presenting the claim desires notices to be sent: H. A.fbE4LL Name of Addressee: 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: t)'r" ì I /<;:. d 00<;; Time of Occurrence: tírç0X. '0 a 'M - Location: 1l74~ {Dr! lîNr,Ý J){l/ut:3', Ç.1i ' Circumstances giving rise to this claim: 5çç c¡ +fCt (' ~.01 4. General description of the indebtedness, obligation, injury, damage or ioss incurred so far as you now know. ~ " e O-rfr¡ (, II. pd Page 1 014 5. The name or names of the public employee or employees causing the injury, damage, or loss, If known. UI'\ lCA\oU,) n 6. If amount cleimed totals less thanc$10,OOO: Provide the amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury, damage, or loss, Insofar as it rnay be known as of the date of your claim, together with the basis of computation of the amount claimed (include copie$ of all bills, invoices, estimates, etc.) Amount Clairned and basis for computation: it -, ODe - ,£a¡¿ 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'limltad 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 § B6.) 0 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 ordar to conduct a timely Investigation and posslbla resolution of your claim, the C of Tustin re uests that ou answer the followin uestions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: ~f\ c:+ ~~1ñ~ ;:~r~a~bd ~ ro. ra.r\ ~ 11", ,..,' ~ r-t' ,Tn. ( 10 C¡lc,CV-7C¡on ~ 1-. J7 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: N.A. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: 9. Glaimant(s) Auto Ins. Co.: Address: Telephone: Insurance Policy No.: Insurance BrokerlAgent: Address: Telephone: Claimant's Veh. Lic. No.: Claimanfs Drivers Lic. No.: Vehicle MakelYear: Expiration: Page2of4 If applicable, please attach any repair bills, estimates or similar documents supporting your claim. READ CAREFULLY For all accident claims, piece on following diagram name of streets, including North, East, South, and West; Indicate piece 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 Vehiclé when you first saw It, and by "B" location of yourself or your vehicle when you first saw CltylAgency 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 dlagrems below do not fit the sltuetion, attach hereto a proper diagram signed by claimant. ~(L I~ L SIDEWALK CURB CURB .... wJ¡L PARKWAY In nF- SIDEWALK Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the CitylAgency 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: m Új :J ::k-J (') ~ G ' 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 applicatioo 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 ciaim will be granted (Government Code § 911.6). The reason for delay in presenting the claim is: Date Signature of Claimant Revised 1212004 Page4of4 6/(12/ if ç City of Tustin Water Service, This is to report what happened on Friday, April 15th, 2005 that caused damage to walls, carpets and other contents of our house. We had hired Cushman Irrigation to replace the water shut-offvalves to the house and to the yard irrigation system. The plumbers shut off the water supply with the water company valve in the parking strip. They successfully replaced the valve to the house and then removed the old irrigation valve and started replacing it. The yard irrigation is on separate line and does not go through the house valve. This is necessary because ofthe low pressure in our area. While they were working to replace the irrigation shut-off valve the water company valve at the street failed and sent water rushing into the valve area in a planter next to the house. Our plumber tried to shut off the water at the street but could not. We immediately called Tustin Water Service and they sent a technician who arrived in a few minutes. He could not shut it off either. Sometime later another Tustin Water Service truck arrived. Finally they decided to shut off a main line across the street and then the plumber was able to pump out enough standing water to get a cap on our irrigation line. During all this time the water had flooded the planter and started soaking through the foundation and seeping into the basement. When we thought to check the basement there was an inch of water in some places, the carpets were soaked, and some of our belongings had water damage. The plumbers pumped and vacuumed to get out the standing water while we frantically carried out furniture and other things that were on the floor. The plumbers carried out 42 buckets of water and then brought in two fans to blow under the carpets. Our insurance agent informed us that the damage was not covered because it was below ground level. The agent recommended Bartwood Construction to repair the damage. We called Bartwood and they removed the ruined carpet, mopped up and installed fans, dehumidifier, etc. Three days later they returned and removed wall panels and baseboards to check for damage and cleaned up some remaining mud. Fortunately there was no major damage. The cost of this emergency service was $1,208.42. Their quote for repairing the damage is $1,758.64. This does not include the plumbers extra effort or our own labor. ¡<!