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01-16-2001 - Debra Robinson VS. City of West Covina�i • City of West Covina MEMORANDUM A GENDA TO: Daniel G. Hobbs, City Manager and City Council ITEM NO. C-2c FROM: SUBJECT: Carol Fox, Director of Personnel and Risk Management DATE January 16, 2001 DEBRA ROBINSON VS. CITY OF WEST COVINA SUMMARY: On October 16, 2000, the City Clerk's Office received a claim for property damage. The amount of claim had not been determined at time of presentation. BACKGROUND: Claimant alleges that extensive root growth from a City owned tree has undermined the integrity of a block wall at her residence located at 2445 Arline Street. Investigation by the Public Services Department found that there was a small Coral tree growing in the paseo area approximately 20 feet from the side wall of claimant's residence. The tree was part of a three -tree triangular planting at the entrance to the paseo. During a site inspection, there were no surface roots visible from the tree in the turf area or near the wall. The block wall has no visible signs of damage caused by this tree. The wall appears to be substandard with many problems, none of which are related to tree roots. DISCUSSION: A search of the Maintenance Department's records found that claimant had complained about the tree because Ms. Robinson did not like the debris from the flower and leaf drop. Per the claimant's request, the tree was removed on October 17, 2000. After a review of the investigation in this matter, staff and the City's claims administrator, Colen and Lee, determined the City was not negligent in its maintenance of the subject tree and recommend denial. As you are aware, since all claims should be considered potential lawsuits, it is requested that all Councilmembers refrain from making specific public comments so as not to prejudice any claim. Specific questions should be referred to the City Attorney. RECOMMENDATION: It is recommended that the claim of Debra Robinson, filed on October 16, 2000, be denied and the claimant be so notified. Carol Fox, Director Personnel and Risk/