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HomeMy WebLinkAbout09 CLAIM HINES 00-41 02-05-01AGENDA RE DRT · I I I I II II1[ I I I I I I I I I I I II NO. 09 02-05-01 MEETING DATE' TO: FROM' SUBJECT: FEBRUARY 5, 2001 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY CLAIM OF MARALEE J. HINES; CLAIM NO. 00-41 II I II II I I I I I I I II I I I I I I III SUMMARY: The City Attorney is recommending that the City Council reject Claim No. 00-41, Maralee J. Hines. RECOMMENDATION' After review and investigation by the City's Claims Administrators and by this office, 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: The claimant indicates that the front bumper of his 1996 Honda Civic was slit on the passenger side by an orange and black pole that had been placed in the middle of the inside lane of Newport Boulevard. The responsible party to address this claim is whatever contractor was working in the area and placed the pole in the roadway. At the present time, the City does not have any record of any permits having been issued for work in this area. The City had no notice of the placement of this pole in the roadway. In this situation, the City would not be liable for the damage. The amount claimed is $537.27. ATTACHMENTS' Claim 31785\1 CITY OF TUSTIN ' "-- AGAINST THE CiTY O, .. uSTIN (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 th.e incident or event occurred. Be sure your claim is against the City of Tustin, not another public entity.' Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, 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 Tustin, California' Tl~e undersigned respectfully submits the following 'claim and information relative to damage to person and/or property: 1. a. Name of Claimant: ¢v%P,~ "~ ~,1~ ~ ~. .~_.-~, ~ '1, ~ ~,.~' b. Address of Claimant:_ ~ ~ '.-7' /R'~)/tI~ A3 '~-,...I". ~.~ .... c. CitylZipCode: ..%. iR. \.1' ~ ./'0 ~ '.(~./'4- ~ 9, 6'A 0 d. Telephone Number:_. e. Date of Birth' ~ ~" ~ ~ - -'~ 0 ,.. :', .. ' f. Social SecuritY NU'mber: __~-r../.-7- .~ %.- ,..~"~ ;~ ~ " g. Driver License Number: /t-- O_..~.. ~'--,'- ! c~ o ~ . · . 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: C. . . The city of Tustin and tl~e foll~,in~ emP'loy;ee(s)o{ th'e"City of Tustin o'n'lY: . Occurrence or event from which the claim arises: a. Date: .... 1, t -- 3_~~- O0 b. Time: .10.'. ~o t2'f~. C. Place (Exact and Specific Location)' . _ How and under what circumstances did damage or injury oCcur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional . 0 . e. What particular action by the CitY, or its employees, caused the' alleged damage or injury? _ f'.'l-.~e_,¢~ ~to.-r.. o ?.A.N oRor. tO Or;,. ~- ¢,.~-_~e,~.. ~ L,~ .!/,) T'tq¢ Give a description of the injury, property da?age or loss so far known at the time of this claim. If there were no injuries,' state "no injuries''. ' ?,d o ~'.cd ~ ~ ~..t. ~ % ,t Give the name(s) of the City employee(s) causing the damage or injury: _ ~.'e> '-F/ .~."..~ ~ to .~J . _ , Name and address of any other person injured' rdof~ ~ et , Name and address of the Owner of anY damaged property: __ 0/% x/ ' !--:t-~/:V .r') A o M L.,~/. /o o 0 ~. ,~, ~ .~, V L-'T ?, /-c. .z. ~ I/u !/o Z~, u._~ ~ r.-,.,o. ., ,, ~ .. 5 t ~'. ~ ~. . Damages Claimed' ~ a.' Amount claimed as of this date: .5' %-'1., ..'~.~ b~ Estimated amount of future costs' , , · · c. Total amount claimed d. Attach basis for comTp'Utation of amounts claimed (inclUde cOpies'of all billS, invOices, estimates, etc.) ~ ~ T~ ~ f~ T ~- ~'/,00 ~ O .~ ~'O. . 10. Names.and addresses of all witnesses, hospitals, d°ctors, etc. CA-¢~ ~ fo 6-~' Rs --- ..], n/¢/~¢._ t-.//NE. $.. '~ ~ / / _ (~ ~/- aL,,-_ ..-TR '/'~ O-_ o_..,~ 'y' ,,-.//,,u ~.~. ~ =,_-- ,=; .... . , .... .... WARNING' IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM (Penal Code Section 72'; Insurance Code Section 556.0) I have read the matters and statements made in the above claim and ! know the same to be true of my own knowledge, except as to those matters stated to be upon information or belief and as to such matters I · believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct. Claimant's Signature: .. ~ ¢_.,_ _- ,-¢~ -- (_/ Executed this .. I ~ day of ~~_o ~ I'~ L~ ~ r~ Date fi'led this.,z ct ,4 day of 2:CLAIM (1/00) · SHOP CONTACT' IRVINE AUTO COLLISION 16101 CONSTRUCTION CIRCLE W. UNIT A IRVINE, CA 92606 949-552-2885 FAX: 949-552-2887 BAR: AG168050 CD LOG NO 0007176 DATE 11/29/00 VANN, ROBIN INSP DATE 11/29/00 Page OWNER ADDRESS CITY STATE ZIP MARALA HINES POINT OF IMPACT 2 LIC% BODY COLOR WHITE CONDITION GOOD HOME PHONE WORK PHONE TYPE OF LOSS VIN MILEAGE ACCT' NG CTL# ( E=NEW PART EP=SEE PX REPORT L=REFINISH ET=LABOR/PARTIAL REPLACE RP=RELATED PRIOR DAMAGE EC=ECONOMY PART. P=CHECK N=ADDN'L LABOR OPERATION IT=LABOR/PARTIAL REPAIR UP=UNREnTED pRIOR DAMAGE EU=SALVAGE PART I =REPAIR/ALIGN/SUBLET TE=PART/PARTIAL REPLACE AA=APPEARANCE ALLOWANCE *=USER ENTERED VALUE 1996 HONDA CIVIC DX 2 OPTIONS- TWO-STAGE DOOR COUPE - EXTERIOR H0254B/A OPTNS SURFACES TWO- STAGE A/34 - INTERIOR SURFACES OP GDE MC DESCRIPTION MFG. PART NO. PRICE' AJ% HOURS R N E L L L L L 012 006 006 09 FRT BUMPER CVR OVERHAUL COVER, FRONT BUMPER COVER, FRONT BUMPER COLOR MATCH COLOR SAND & BUFF HAZ~ WASTE · FLEX ADDITIVE CLIPS ADDNL LABOR 04711S01A00ZZ REFINISH REFINISH REFINISH' SUBLET REFINISH REFINISH 1 153.02 1.8 1 3.64 * 1.0'4' * 1.0'1' 5.00* '1' 10.00' *4* 10.00' * * 8 ITEMS MC MESSAGE 09 INCLUDES 0.6 Hours PANEL TWO- STAGE ALLOWANCE FINAL CALCULATIONS & GROSS PARTS OTHER PARTS PAI1F~ MATERIAL PARTS TOTAL ENTRIES 153.02 20.00 ' ZO'l .20 274.22 HONDA CIVIC DX 2 DOOR COUPE CD LOG NO 0007176 TAX 'ON PARTS & MATERIAL LABOR 1.- SHEET METAL 2 -MECH/ELEC 3 - FRAME 4-REFINISH 5- PAINT MATERIAL LABOR TOTAL TAX ON LABOR SUBLET REPAIRS TOWING STORAGE GRoss TOTAL P~ATE REPLACE HRS 32.00 2.8 55.00 45.00 32.00 4.6 22.00 @ 7.750% 21.25 REPAIR HRS @ .000% Pa~e 2 Date 11/29/00 89.60 147.20 236.80 5.00 537.27 NET TOTAL . S 37 . 27 ADP SHOPLINK U4367 ES LOG 0007176 DATE 11/29/00 14'08-38 R4.2 CD 11/00 PXN'NN/O0/O0/O0/O0 CUM'00/00/00/00 Copyright, 2000 Automat-lc Data Processin~ 1.1 HOURS WERE ADDED TO THIS'ESTIMATE BASED ON ADP' S Two-STAGE REFINISH FORMULA- 20% OF REFINISH HOURS, AFTER OVERLAP, PLUS 0.6 HOURS FOR THE FIRST MAJOR PANEL, WHERE NOTED. ' THE ABOVE IS AN ESTIMATE BASED IN OUR INSPECTION AND DOES NOT COVER ANY ADDITIONAL PARTS AND LABOR WHICH MAY BE REQUIRED AFTER THE ~WORK HAS BEEN STARTED. OCCASIONALY, WORN. OR DAMAGED PARTS ARE DISCOVERED WHICH MAY NOT BE EVIDENT ON THE FIRST INSPECTION. BECAUSE OF THIS, THE ABOVE PRICES ARE NOT GUARANTEED. QUOTATIONS ON PARTS AND LABOR ARE' CURRENT 'AND SUBJECT TO CEANGE. I AUTHORIZE IRVINE AUTO coLLISION TO PERFORM REPAIRS ON'MY VE~ICLE AS ESTIMATED, INCLUDING AN~ SUBLET WORK. I .GIVE IRVINE AUTO COLLISION POWER' OF ATTORNEY TO SIGN PAYMENT CHECKS FROM THE INSURANCE COMPANY. DATE: INSURED: ..........