02-06-2001 - Frank R. Restivo VS. City of West Covina• City of West Covina
MEMORANDUM
TO:
131 WO-05
SUBJECT:
SUMMARY:
Daniel G. Hobbs, City Manager and City Council
Carol Fox, Director of
Personnel and Risk Management
AGENDA
ITEM NO. C-3a
DATE February 6, 2001
FRANK R. RESTIVO VS. CITY OF WEST COVINA
On October 23; 2000, the City Clerk's Office received a claim for property
damage in the amount of $1,252.
BACKGROUND:
This claim arises from a sewer backup that occurred on September 26, 2000, at 1311 Hidden
Valley. The claimant alleges that roots from a City owned tree invaded the sewer lateral at his
residence. Claimant alleges that the root intrusion created pressure in the line causing the pipe to
break under his house. Claimant is seeking reimbursement for costs he incurred for replacement of
the sewer. lateral.
An investigation by the Public Services Department does not substantiate liability on the part of the
City. Pursuant to City Ordinance 2055, the homeowner is responsible for the maintenance of their
sewer lateral. The City is only responsible for costs when it can be verified that the blockage or
damage occurred due to roots from a City authorized and owned tree, and the blockage or damage
is located between the public mainline and the street right-of-way (within a public street and/or
parkway).
DISCUSSION:
A search of the Maintenance Department's records found that a City crew responded to claimant's
residence on September 26, 2000, regarding a broken sewer lateral. A video camera inspection
revealed evidence of a poorly constructed sewer lateral throughout the length of the line. There was
root intrusion located within the public street and the street right-of-way. Pursuant to City
Ordinance 2055, City crews completed all repairs to the sewer lateral that were within the street and
parkway. Pursuant to the Ordinance, the owner of the property is responsible for costs to repair the
portion of the sewer lateral from the right-of-way- to the house.
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 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:
That the claim of Frank R. Restivo, filed on October 23, 2000, be denied and the claimant be so
notified.
i
Carol Fox, Director Lagement
Personnel and Risk