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Home My WebLink About10 CLAIM SCAGLIONE 08-20-01AGENDA REPORT NO. 10 08-20-01 MEETING DATE: AUGUST 20, 2001 180-10 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY CLAIM OF TOM SCAGLIONE; CLAIM NO. 01-27 I I I SUMMARY: The City Attorney is recommending that the City Council reject Claim No. 01-27, Tom $caglione. RECOMMENDATION: After investigation and review by this office and by the City's Claims Administrators, it is recommended that the City Council reject the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. FISCAL IMPACT: There is no fiscal impact with this action. BACKGROUND: Claimant alleges that a sewage line was blocked causing a backup of all the lines in his home. The claimant's plumber identified the problem as a crushed pipe below the sidewalk. The claimant alleges that the crushing was due to severe compression on or above the segment of the pipe which occurred during a recent City construction project to replace the sidewalk. This is a claim of doubtful liability for the City. The City did not directly damage the claimant's pipe. There is no conclusive evidence to show that the contractor actually damaged the pipe. However, if they did, then they would be liable for the damage and to defend and indemnify the City. The City's representative will follow up with the contractor regarding the claim. In any event, there is no liability to the City from this claim. ATTACHMENTS' Claim AUG-15-2flOI( /ED) 11:24 P. 0 4/008 "-'" CITY OF TUSTIN "-~1 · CLAIM AGAINST THE CiTY OF TbSTIN (For Damages to Persons or Personal Property) The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within six (6) months after the incident or event occurred. Be sure your claim is against the Cit~ of Tustin, not another public entity. Where space is insufficient, please use additional paper and i,~entify information by paragraph number. Completed claims must ,be mailed or delivered to the City Clirk, City of Tustin, 300 Centennial Way, Tustin, California 92780. ' · WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK_INK · To the Honorable Mayor and City Council, City of Tus. tin, California' The undersigned respectfully submits the foItowJng claim and information reladve and/or property: 1 . to damage to person a, Name of Claimant:__ -'~'O_~ . c-~.~:~~~.~,~_ ._; _. b, Address of Claima~:i- ~ ~ '[)~,.. .......... f. Social Security ~i-~rn'ber: _._ ~.~- ~. ..... I Name, telephone, and post office address to which claimant desires notices to be sent (if other than above):__ - .................. This. claim is submitted against: a._ __ The City of Tustin only. b. The following employee(s) of the City of Tustin only: The Cit~-of':r'ustin and the f'01iowing employe~($) of the city ~)~Tustin 'only: .... i-, .. . ,o Occurrence or event from which the claim arises: a. Date: .-'~_~.r_,'?-..OOO' __ __. _ ' ..... b. Time'____ c. Place ~Exact and Specific Location):_5_'¢.Lu.:&\% ~.~ '?--'L,_~_ -~O ~-~~~--&b~._ _ cl. ~ow and un'~ler what ~circur:nSt~-nces did damage or injury occur? I Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional RUG-:l. 5-200:2 :1.3' 1 Et AUG-15-2OOI( ED) I1'25 P, 005/008 . . . . e. What particula, r action by t,he city, or its employees, cau. sed the' alleged amiga injury?. ___cr~sk0~._Se,~oec. 01!,~...' .... .,,. ...] .... _ t~,,oO_,.,_ t,_ _ - I ,__ .... ,_ ___ ' Give a description of the injury, property damage or loss so far known at t e time of thls claim, if there were no injuries, state "no injuries". Give the name(s) of the City employee[s) causing the damage or injury: _ _ Name and address of any other person injured' '' -- - ---- ..... I ........ I--- ' I Name and address of the owner of any damaged pro'pc _rLty: ' ' Damages Claimed: a, Amount claimed as of this date: 7~ ~ ~O O'. oo .......... b. Estimated amount of future costs: --- I c. Total amount claimed: ~:~I~-~~): O~o ' d. Attach basis for computation of amounts claimed (include copies of ali bilisi" invoices, estimates,' etc.) ~..~~~ .~O..4~,~,.¢~ . Names and addresses of all witnesses, hospitals, doctors, etc. · .- , ... _,_.u. L WARNING, IT IS A CRIMINAL OFFENSE TO FILE A FALSE dLAIM (Penal Code Section 72; Insurance Code Section 556.0) I have read the matters and statements made in the above claim and I knov~ the same to be true of my own k,nowledge, except ~ to those mat{ers stated to be upon inform'at[on or belief ahd as to such matters believe the same to be true. I certify under penalty of perjury that the foregoing is t~e and correct. Cl~aimant's Signature: 2:CI. AIM {1/00) AUG-15-2001 13' 19 95Y. P. 05 AlJG-15-2flOl ( ED) Claim Against the City of Tustin (For Damages to Persons or Personal Property) ITEMS 4d and 4e OF CLAIM FORM 4d The City of Tt~stin completed thc Pasadena Avenue Reconstruction from First · , · I Street to Main Street Cul-de-Sac (CIP no 7157) m Sune 2000. Th~$ included work done ~ound o~ home at 265 P=~ma Argue wNch w~ yacht from before ~e work begs. We sold ~e ho~se M Febm~ 2001. D~ng the aeeomp~ying st=dard inspections, w~ id~tified ~e sewage line w~ blocked ~d causing b~~p m ~1 lines of the ho~e. R~r work wa~ p~fomed by Co~t Plmb~g ~d Heat~g (~e lowest quote we were able to obt~, at ~ot-to-~xeeed [NTE] $1,500, which w~ the amount paid, ~ on ~e escrow clos~g statement copy attached). ~is w~ a.a~ plumb~ ~ia~sed from inside the home ~at ~e w~' no blockage ~ f~ as their lines were able to ext~d. - Co~t ~ly fo~d ~e probl~~it w~ a broken (em. shed) pipe below the ~d w~ ~ont of o~ house. We took flxe inclosed photos at fl~e ~e ~e plumb~s excavated the pipe. We al~o have ~, actual crashed pipe that w~ rmoved ~om benea~ the ~idewalk, it i, available for your hspecfion. O~ th~ fl~is ~,~ent, ~e pipe w~ h fine con~tion. '~e ~~g w~ due to compre~on on or above ~s se~~t of pipe, which evidmtly occa~ed dudn~ ~ide~ r~lacemmt. Therefore t~s problm w~ ~rectly caused by ~e cons~ction, ~d it is o~y b~a~e ~e house w~ yacht fl~at it w~n't idmfified sooner a~ com~chon. The next door neighbors, Walter and Margaret Graves, seem to have thc same problem. They too experienced a crushed sewage pipe under the sidewalk, with identicali damage. 1 If you wish to see the damaged pipe, or to discuss this with us, please call (714.) 731- 5570. We look forward to he,xring from you. Tha~ you. ~u$-l$-2iao~. 13' 19 95X P.06 Burrow Escrow .~rvlc~, Inc. 1~, O,ftc~ 117d8, Sasta ~ ~ ~ ~ ~ ~27~ SEI.~.ER ~;$T~'~D CLO~ING ~I'ATRMI~NT Pr~ DILc; P:.op~r~7., : I ~RO~TION5 AND County 7a~es Basec o~ t~e Semi - Annual amount of $1,155.~ PAYOFFS: Peycff t= FIRST NATIONWIDE MORTGAGE S8$,~S~.4.1 Principal SLO.~?.38 Inte~ ~.0O Sla~mo~ Fee ~.~ RECORD[NO FEE 1o THE REA[. Eb'TATE CORNER COMMISSIONS: Commis~sion tADDITIONAL CHARGES: Hnme P~eoio~ Po[i~ Zone Di~losum REPAIR 8ILL ~o CURT FETZL~ REPAIR BILL ~o GOLD PAI~I~G CO. T[~ CMARG~: SuhEscm~ Fee t3 S~fl T~e Co. R~n Tm~ng Fe~ lo ~tewsa Title ~o. ~m Fei lo at.aA TiUe Co. Eteamnlc T~es to ~aa T~fle Co ~ECORDINO FEES: Red,lng Fees to St~t~ Title Co. De~: pages ~ S10.0o Mangle: pages ~ 31o0,00 Release: ~ges ~ S30.00 ~unly iESCROW CHARGES: Escrow Fee t= Burrow F..~cmw Servi~s. Inc. PROCESSING/DEMAND/GRANT DEED t~ Elun-jw Escrvw,.~emlc REPEAT CUS"I'OMER DISCOUNT lo 9u~mw Escrow S~wl~a~, In REFUNDABLE ESCROW PAD to Bun'ow Escrow Services, In~. ar.~o7..~ e,82o, oo I ee8.oo, 1,1SD.OD 1~0~0 1,600.00 ~.oo! 2s.;o S. OD. 1,166.~ 312~1 TS&DO 1~.00 3SO.~ ze~,78s.MJ cc)~e.-'do~j or' addlrJome a~ I~ tim. AUG-15-2001 13: 20 _ P,007/008 P. 0? AUG-I5-200I ()ED) AUG- 15-2001 13: 21 95~, P. 08