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01-06-1998 - Anthony R. Baltierra VS City of West CovinaCity of West Covina i Memorandum TO: City Council and City Manager FROM: Debbie Dominguez Risk Management SUBJECT: ANTHONY R. BALTIERRA I VS. CITY OF WEST COVINA AGENDA ITEM NO. B-3d DATE January 6. 1998 ® PRINTED ON RECYCLED PAPER SUMMARY: On August 18, 1997, the City Clerk's Office received a claim for property damages amounting to $3,950.50. The claimant alleges that roots from a City owned tree were the proximate cause of damage to his residenti4 sewer line and the City owned sewer line from the curb forward into the street. City Ordinance No. 1953 requires the City pay all but the first $500.00 of reasonable costs incurred by a property owner for repairs made from the curb forward into the street. The claim is based upon an estimate received by the claimant from Rescue Rooter to complete all repairs. However, upon notification, City crews.responded and completed all necessary repairs from the curb forward into the street. Therefore, this claim does not fall within City Ord'' i ance No. 1953, as the City, not the claimant, completed those repairs. After a thorough) investigation and review of this matter, our staff and the City's claims administrator recommend denial. . As 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. That the claim of Anthony R. Baltierra filed on August 18, 1997, be denied and the claimant be so notified. Debbie Dominguez Administrative Aide cc: Christopher Agenda3