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Home My WebLink About15 CONSIDER OF CLAIM 02-21-06 AGENDA REPORT MEETING DATE: FEBRUARY 21 , 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF MATTHEW & SYLVIA DANIELIAN, CLAIM NO. 05-47 SUMMARY: The Claimants reported that roots of a City tree caused damage to their sewer line and front walkway. They requested to be reimbursed for emergency plumbing repairs which were needed due to blockage of the sewer drains and overflow inside their residence. The Claimants have also requested removal of the tree. RECOMMENDATION: That the City Council deny Claim Number 05-47, Matthew & Sylvia Danielian, and direct Staff to send notice thereof to the Claimants. FISCAL IMPACT: None. DISCUSSION: Following investigation by the City's Claims Administrator, it was determined that the City of Tustin is not liable for the reported damage. The responsibility to maintain a sewer lateral line belongs to the homeowner, and no requests were made to the City for removal of the tree or for any repairs prior to this claim being filed. Also, it is believed that roots do not enter and grow inside a sewer line unless there is a break in the line which causes leaking and attracts roots to the water. Based on is, Staff is recommending denial of the claim at this time. ATTACHMENT: Copy of Claim No. 05-47 0 .....J.'O!>I G. !. ,,\~ ... Ii-'."" . Úi .:..:.¡ ;.\. .. .,t' ':~,,"\., ;¡, 1ïi\\';/ '.-,- fi~ ~ .....J J'~ '1\'\ CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received Via: D U.S. Mail [J-Inter-Office Mail Over the Counter Time Sta{ÞÞT Y OF'T U S'T I N '4 , j- 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 (Government Code § 911.2). D. Claims for damages to real property must be filed no later than one year after the occurrence (Government 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 (Government 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: ffi euJ OJ\ I'e.. \ I'cc., H orne Add ress: @ 2> ~;l ~ 'E:.:tJ' P(? .D f't 'v' ' TvS~l c4. qJ.'IfCJ $"; (\J ,\~ DCAJ\(eJ I 'Q-1ÎI Home Telephone: ( J t L).lJ .~ 0 ~, lo \ a \tJ Work Telephone: ~ $ 4'{ -\ '1\ "\ 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: Post Office Address: N-¥r Telephone: 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: No"e.mb~ Î'. ù Ü ~ Location: ~~ \~ ~~-t~ ", ~~'\ïV\ ( LA.. c~ 0- Circumstances giving rise to this claim: ~J{J4 Mo"':r,t b1\O~. ~£~c~ ~\\ k~ ~~\ ~ ~{) ¡r."~ ~ Time of Occurrence: ~ {() Ò p\ rv\, s k..e -uJ e.< þ. bCt~fù~ . :t= 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as y~u now know. ( ç- Page 1 of 4 , . 5. The name or names of the public employe or e ployees c using the injury, damage, or loss, if k own. . ,. 12 ~ '\ '. .. . -"'. . '. "if ,.. 5:" J'rk (J)~ c~d - b~ f'tUljpd ~ by Cfú < ro.tLt£ If ~i~e~le~s 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.) 6. Amount Claimed and basis for computation: ' \ (:)0-- . 'i;c-~ '2.... .~ t 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.) D Limited Civil Case D Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Ac:tditionally, in order to conduct a timely investigation and possible resolution of your claim, the Cit 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: --R€.s c. IJe RIO oj f11. ~. . .- -.. / n '" - (~OO) "'is Ioq-'A ~ l¿¡ (t7fY 1 ~:>~-( <0 a d j Go. í\ T (Q (;.. +-c .. Lr \ û ....... "u<u- So £'..C"' ~ ~ S -Q. {' V \ 'c -e.. Th € eA'Y\. eA' er ~ (¡ t- 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 \) Y\ '€.. 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.lns. Co.: Address: \ N A... Telephone: Insurance Policy No.: Insurance Broker/Agent: Address: Telephone: Claimant's Veh. Lic. No.: Claimant's Drivers Lic. No.: Vehicle Make/Y ear: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. . Page 2 of 4 READ CAREFU LL Y 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 corners. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "6" 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. CURB ~ tnaqn<> \\'Q (//--_.... ". '-TteJL \ ) ¡ .l' ./ /" Loc ~ \;) 1'\ .~ ( c! (t M a-~ ~ 'ú «.) ~. . CURB \ ~ flf'~ (~~~ 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 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 Tüstin. 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 (Government Code § 911.6). The reason for delay in presenting the claim is: / ~ + " tV~ ClA.-. <;; eeÞJ J.. It. () ~ 1 oJ rC-ljý) ~ (() ~ ~~ J)P;\ 9-€ Q CCß;> ( c- d. c i'\ . 7 ~ =P2L, ~ NQ~~ ~~ ~ \?;.~- CS-ait{~-~^á~ ~~'+o ~40ùr ~!U' $~~tffi~ bro!<-.~ô -tf ~(;Qd- ~i ~...roù~ 0{ ~. . ~l~ ~.p C --ÙJ b So ,"d-~ ~~~.(Cw~.. . f\s cs;ee.-t'\ i f\~ P\\Ct-cJN . 42J0'£\'t\~ ~. ðaJ ~~ \~ l\õ'i 0(\. ðVcrfÇ)f~~1 ~~-'fo~~ c..t~ cL.~ OÙ( . ) .J\Q...$ ~. " t lte.û- CÐs' ;) i 0 J S' e 'e ~. ::;"/rI£ w o..Qjc A {/J (' I 's-'--Q./\ CVL < . ." ck ð-i ¡fç ~. ~\ Date Signature of Claimant Revised 12/2004 Page 4 of 4 ~'.