01-20-2004 - Ronald M. Negrete vs. City of West CovinaCity of West Covina
MEMORANDUM
TO: Andrew G. Pasmant, City Manager A GENDA
and City Council
ITEM NO. B-2d
FROM: Erin Patricia Hoppe
Risk Manager DATE January 20, 2004
SUBJECT: RONALD M. NEGRETE VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the property damage claim of Ronald M.
Negrete be denied and the claimant be so notified.
DISCUSSION:
This claim arises from a sewer blockage that occurred on July 4, 2003. The claimant alleges that
roots from a City owned tree invaded the sewer lateral at his residence located at 1523 E. Herring
Avenue. Claimant is seeking to recover costs he incurred in the amount of $1,300 to repair the
sewer lateral.
An investigation by the Public Works 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).
A search of the Maintenance Department's records found that the City had no prior notice or
complaints regarding sewer problems at this location. Claimant called the City on July 8, 2003,
after the sewer lateral had already been cleared, to request that a City tree be removed because it
was causing sewer problems. Claimant's plumbing invoices make no reference to a root blockage
located between the public mainline and the street right-of-way. In addition, the claimant has not
provided the City with any evidence, such as photos, to support a blockage or damage to the sewer
lateral. The City tree was removed on July 15, 2003.
After a review of the investigation in this matter, staff and the City's claims administrator,
VeriClaim, 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.
FISCAL IMPACT:
Unknown at this time.
Prepared by:
Debbie Dominguez
Safety & Claims Manager
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Reviewed & Approved by:
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Erin Patricia Hoppe
Risk Manager
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