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HomeMy WebLinkAbout09 CLAIM 07-31, BERNARDO LARIOS 02-05-08 AGENDA REPORT MEETING DATE: February 5, 2008 TO: William A. Huston, City Manager FROM: Ronald A. Nault, Finance Director SUBJECT: CONSIDERATION OF CLAIM OF BERNARDO G. LARIOS, CLAIM NO. 07-31 SUMMARY: The Claimant has reported that while his truck was parked on the street in Tustin, a tree fell and scratched his vehicle and another car that was in front of it. The Claimant's cost for the painting needed due to the scratches and dents on his vehicle was $1,367.44. RECOMMENDATION: That the City Council deny Claim ,Number 07-31, Bernardo G. Larios, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Staff and the City's Claims Administrator have determined that there had been no prior complaints regarding the City tree involved in the above incident -the tree was healthy and had been trimmed in a timely fashion. It may have been that excessive winds at the time caused the tree to fall. Staff recommends this claim be denied because the conditions which caused the Claimant's damage were outside the control of the City. Ronald Nault Finance Director ATTACHMENT: Copy of Claim No. 07-31 ConsiderationOfClaimOfl3ernardoLarios. doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received Via: CITY OF TUSTIN Time Stamp: ^ U.S. Mail ^ Inter-Office Mail Over the Counter 2007 SEP 14 P 12:45 Claim No: 07-31 PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the Citv of Tustin, not another public entity. t~. °~ C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence (Government Code § 911.2). D. Claims for damages to real property must be filed no later than one year after the occurrence (Govemment Code § 911.2). E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. F. A claim must be presented, as prescribed by the Govemment Code of the State of California, by the claimant or a person acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on his behalf (Govemment Code § 910.2). G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims. H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780. 1. Name and Post Office address of the Claimant: Name of Claimant Bernardo G. Larios Home Address 342 Pasadena Ave #A Tustin, Home Telephone 714 734-8618 Work Telephone: 714 743 4703 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: Telephone: Post Office Address: 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence 9/7/07 Time of Occurrence: 8:00 p m Location: 342 Pasadena Ave sidewalk Circumsktances giving rise to this claim: 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. Page 1 of 4 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. 6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury, damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Claimed and basis for computation:.Paint to the truck 1367.44 If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) ^ Limited Civil Case ^ Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code. §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, they City of Tustin requests that you answer the following questions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises. Officer Neston badge #1147 City of Tustin/Police report 07-6592 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: If applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim READ CAREFULLY For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street comers. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City/Agency Vehicle; location of City/Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1"and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK PARKWAY CURB Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: Page 3 of 4 IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION. SIGN BOTH FORMS. APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM TO THE CITY OF TUSTIN The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances, leave to present a late claim will be granted (Government Code § 911.6). The reason for delay in presenting the claim is: Date Signature of Claimant Revised 12/2004 Page 4 of 4 .ESTIMATE AND REPAIR ORDER 2831 East La Cresta Avenue ~~~~ ~~ Anaheim, California; 9280E 17141 630.3a~e / U NO SUSPECT INFO TUSTIN POLICE DEPARTMENT 2 A ^ ACTTVE 1 cRt L NO PROSEClrT1oN DESIRED ,, I: gp SUSPENDED ^ INSURANCE REPORT 300 CENTENNIAL WAY ^ COURTESY REPORT R^ RECORDS ^ DOMESTIC VIOLENCE TUSTIN, CA 92780 K^ couRTesY "~ - (~ Cj qa- ^ BW MOTNATED ^ OANORELATED CRIME/INCIDENT REP~~'1~ ' °~` ° REFERarHERREPaR» I N 00 (REV 4/081 D• 6 CODE SECTION 7 CRIMEANCIDENT TYPE t PRMAAi1K000NTB 0SECONDARY-COUNTS 10 OTHER-COUNTS 11 OTH61-COUHI9 O ':-.T"~ >'-G ~ T AIMAG~ ~~ Sap W 1Z SPECIFIC LOCATION OF CRIME 13 OCCURRED 14 DATE 15 DAY /S TNIE V "3 5 Q ~~N ~ ~ L DN ORBEIV1~i / . 17 FIRM NAME IAt botdonl B DATE RPTD 1011ME RPT ?a AND 2t DATE TY DA V 2S TWE / ~l ~Q~ ~' `~ ~7 ~' ~'~ / } ~ (~ I ft~ U T4 NAME (LAST, FIRST, MIODLq ffi OCCUPATION ZS D.O.B. 27 8Nx ?e RACE ^ / 1VIIT O Z HIBP ^ 3 BLK 0 1 M ^ IIND O SCHI O BJAPN O 7 RL 0 1 F O t P.03L O t VET 0100TH F ?9 RESIDENCE ADORE99 30 Cm STATE ZIP COD! 31 RES. PHONE 3T ITT: 1 1 33 BUSINESS ADDRESS 9r Cm STATE ZIP CODE JS BUS. PHONE 3t VV1: 37 E-MAIL 30 CELL PHONE l 1 M CODE 40 NAME Iu187 RRBi, MIOOlE) 41 OCCUPATx)tl 47 D.O.& I8 BEX M RACE C~YVIIT ^ 2 HIBP ^ 3 BlK O/ M 0 4 IND O S CHI O N JAPN O 7 FlL 1 ~ F~ L ~ ~ - ~I F ^ B-NIL OOVNR 0100TH 46 RESIDENCE AODRE98 48 Cm BTAT[ Zp CODE 47 RES. PHONE N Irr: ~' . ' ~, -~' ~ ~ / 40 BU81NE88 ADDRESS SO Cm ~ 9TATE LP CODE 61 BIIS. PHONE 67 VA`. Q~ r / I 1 ~ W '~ E-MI11L SI CELL PHONE ~ /t.IAtiIF I 1 rJ~F_ ` ~ cooE ~ ~ a FIRSr, MIDDLq AS r s7 occuPAnoN ss D.o.e. w NEx w RACE o 1 wHr ~I a NIeP ^ T ax ~ ~ ~ y~ ~ ~ { ~ J r7 7 ~ 1'7 F-1 d ~ ~ ~ ~Ir ~ 1~-~ 0 Cr~ ~r ~ . ~ 1 M ' O 41ND ^ S CHI O 8 JAPN O 7 RL ^ 1 F ~ p 8 P.IBL. ^ i VIET ^ 10 OTN 81 RESIDENCE ADDRE88 ~! ~ ZIP COpE ~ ^ ~ 4 ~ / tt BUBPIE88 ADORE$8 B8 Cm STATE ZIP COOE 87 BUS. PHONE St MR: H I 1 .v~r-~ zaa A E-MAIL 70 CELL PHONE ~ Y-1- ' ' /~/~ S 71 CODE 7T NAME (LAST, RRBT, MIDDLE) 73 OCCUPA710N 74 D.O.B. 76 EFx 70MC[ ^ 1 YMT ^ 21NSP ^ ] BLX O 1 M 0 4 piD ^ 6 CNI O 8 JAPN O 7 RL O l F O t P.KL O t VNT ^ 100TH 77 RESDENCE ADORE88 >e Cm 8TA7E ZN'CODE 70 RES. PHONE ( ) BO HT. tt BIMINE88 AODi1E88 M Cm STATE ZIP CODE 67 SUB. PHONE 1 1 M Nrt: t6 E-MAIL M CELL PHONE I 1 67 UC t et STATE M TEAR to MANE 91 MODEL ~ 0 ^ UNK 2 ^ 4-DR 4 O PA! t O VAN t ^ RY 10 ^ OrHER ~, W ' g7YLE 1 0 2-DR T O CONV S O TRUCI( 7O 6IW S O M/C r~ S a+ coLOwcoLOR a orNER DNARADTEwsncB oa DIBPOSIna+oF VEHIDLE D at ^ 1 THERE IS A WITNESS TO THE CRIME ^ 2 A SUSPECT WAS ARRESTED /~ ~ ~ 97 ^ 1 FlNGERPRINTS ^ 2 TOOLS / V = ~ 1. ORDER SERVED AT SCENE BY: /( ~/~ ~ ~/~L O 3 A SUSPECT WAS NAMED / • /~ ^ 9 TOOL MARKINGS ~ ^ 4 A SUSPECT CAN BE LOCATED O 4 OL.ASS +/ ~ 2. ENTRY MADE BV: PN ^ 5 A SUSPECT CAN BE DESCRIBED ^ 5 PAINT V 9. NAME OF PERSON SERVED: ^ 8 A SUSPECT CAN 8E IDENTIFIED ^ 8 BULLET CASING ^ BU ET In ~ ^ 7 A SUSPECT VEHICLE CAN BE IDENTIFlED V 7 LL ^ 8 RAPE KIT ~ 4. RESPONDENT SIGNATURE H ^ 8 THERE IS IDENTIFIABLE STOLEN PROPERTY W ^ !> SEMEN 0 0 V ^ 9 THERE IS A SKiNIFICANi M.O. O ^ 10 BLOOD LL p 10 SIGNIFICANT PHYSICAL EVIDENCE IS PRESENT ~jj ^ 11 URINE /DO CSI PERFORMED Y: ^ 12 HAIR ~ ~ ^ 11 THERE IS A MAJOR INJURY/SD( CRIME INVOLVED ^ 13 FlREARMS NAME 8 PN L~W ~y ~~4 ^ 12 THERE IS A 600D POSSIBILITY OF A SOLUTION ~ 14 PHOTOGRAPHS ^ 13 FURTHER INVESTIGATION NEEDED ^ 15 OTHER (DESCRIBE) y U NOTES: ACCIt~I A I r ~{" i ^ 14 CRIME IS GANG RELATED D O 16 HATE CRIME RELATED ~ TOTAL LOSS DOLLAR AMOUNT ^ 18 REPRODUCTNE HEALTH CRIME SOn Or 101 SUPERVISOR AT SCENE: (RANK,NA ME 81DNOd agency excep a ~ / C ~ ~ p ~ /~ ~ without the express permission of the 107 RTING OFFICER / Kl N0. 103 DA-T-E1 -~1~ 101 APPROVED BV / ID NO. ~' ~tOrl+~d W the De 11HQ ~l I ~ ~ ~ I ' ~ 'f 0 r PREML9ES 7 ~ POINT OF ENTRY PROPERTY/ATTACKED 11 PAGE .- ~ ~ l TRADEMARKS SUSP . PRET. TO BE O 1 CONDUCTING SURVEY ^ 2 CUSTJCUEN ^ 3 DELNERY PERSON ^ 4 dBABLED MOTORIST ^ S DRUNK ^ 8 EMPLOYEE/EMPLOYER ^ 7 FRIEND/RELATIVE O S ILL/INJURED O B NEED PHONE ^ IoPOLICFnAw ^ 11 RENTER O 12 REPAIRMAN ^ , 3 SAtE OF ILLJCR GOODS O 14 BALES PERSON ^ 16 SEEK ASSISTANCE ^ 18 SEEK pSiECT10NS O 17 SEEKING SOMEONE 01a SOLICIT FuNDs O 19 OTHER i BUSINESS - ~- ^ 1 BANK/SAV LOAN FINANCE/CREDIT UN ^ 2 BAR ^ 9ClEANERSAAUNDRY ^ 4 CONSTRUCTION SITE ^ 5 THEATER ^ 8 FAST FOODS ^ 7 GAS 8TATK)N O S HOTEL/MOTEL ^ 9 DEPTJDISCOUNT STORE ^ 10 GUN/SPORT GOODS O 11 JEWELRY STORE 0 12 u0uoa STORE ^ 13 PHOTO STAND ^ 11 CONVENIENCE STORE ^ 16 RESTAURANT 0 1esuPERMARKEr ^ 17 TVAiAD10 ^ 18 AUTO PARTS O 1 B BICYCLE SALES ^ 20 CARAYIOTORCYCLE SALES O 21 CLOTHNG STORE O 22 HARDWARE ^ 23 MEDICAL ^ 24 OFFICE BUILDING ^ 26 SHOE STORE ^ 2s WAREHOUSE 0 27 oTH~ ^ ZO APARTMEM L. D 2Y CONDOMINIUM ^ 90 DUPLEX/FOURPLEX O 31 GARAGE ATTACHED O 32 GARAGE DETACHED O 33 HOUSE O 34 MOBILE HOME ^ 36 OTHER ^ 1 FROM ^ 2 REAR O 9 SIDE ^ 4DOOR ^ 5 WINDOW ^ 6 SLIDING GLASS DOOR 0.7 BASEMEN O 8 ROOF ^ 9 FLOOR ^ 10 WALL ^ 11 DUCT/VENT D 12 GARAGE O 13 ADJ. BUILDING ^ 14 GROUND LEVEL ^ 18 UPPER LEVEL ^ 1e uNKNOwN O 17 OTMEA ^ 1 NO FORCE USED ^ 2 WINDOW SMASHED ^ 3 ATTEMPT ONLY ^ 4 8ODK.Y FORCE O 6 BOLT CUT /PLIERS D S CHANNEL LOCKIPIPE WRENCHAIICE GRIP8 ^ 7 SAW/ORIUJBURN ~ o e scRElnrDRwER ^ 9 nRE IrION ^ 10 LINK PRY BAR O 11 COAT MANGER WIRE ^ 12 KEY 8UP SHIM ^ 19 PIAYf~1 O 14 REMOVE LOUVERS ^ 16 BAICK/ROdC ^ 1 S HID IN BUILDMKi ^ 17 WALKED IN ^ 1SUNKN0WN ^ 19 OTHEF~ ^ 1 DOORILOCK FORCED ^ 2 TALOVK FORCED ^ 9 WINDOW B(IDKEN ^ 4 WINDOW FORCED ^ 5 WINDOW OPEN ^ S UNLOCKED ^ 7 UNKNOWN a e oTI1EI1 ^ 3o CHURCH ^ 37 HOSPRAL ^ 3gpARWPLAYGROUND ^ 39 PARKNG LOT O 40 PUBLIC BUS.DING ^ 41 SCHOOL O 42 SHOPPING MALL ^ 43STREETMWY/ALLEY ^ 44 oTHER ^ 45 CAMPER L. O 48 MOTOR NOME O 47 PASSENGER CAR ^ OB PK~C-UP ^ 49 TRAILER O 60 TRUCK ^ 51 VAN ^ s2 OTHER PHYSICAL CONDITION 17 O i UNDER INFL ALCOMOV C DRUfi8 D 2 SICKANJURED ^ 3 8ENKMi CRI2EN D 4 BOND D S WWDICAPPED O 8 DEAF ^ 7 MUTE ^ B MEMALLY/EMOTIONALLY IMPAIRED ^ 9 OTHER ^ 1 CASH NOTES ^ 2 CLOTHES/FUR O 3 CONSUMABLE GOODS ^ 4 FIREARMS ^ SHOUSEH0LD 60003 O 6JEWELRYMETALS ^ 7 LTiIESTOCK ^ S OFFK:E EOUIPMEN ^ 9 NA7ADI0/CAMERA ^ 10 MISCELLANEOUS D 11 UNKNOWN ^ 12 DTIIEA ^ 1 suSP~E11C~~r~~~c~LIMAXEo ^ 2 UNKryOwn IF CUMI)i 7 VIC.OFiALLY CAPUtJrIED SUSP 4 RAPE BY I~TRUM~NT (FOREKIIN 10 SODOMY 118U(iOEBTEO VK: COMMR LEWD PERVERTED ACT 12 INSERTED FINGER INTO VAGINA 13 FORCED VIC TO FONDLE SUSP 14 BUSP FONDLED VICTIM 16 MASTURBATED SELF 16 OTI}EII IS MEMBER OF NEKiM WATCH7 L 01 D YES 02 ^ NO 18 MEMBER OF OPERATION IDENT7 09 ^ YES 04 O NO INTERESTED IN NEIGH WATCH7 06 ^ YES as O NO NAD HOME BUSINESS MISPECTI0N7 07 ^ YES 08 ^ NO RELATIONSHIP TO SUSPECT ^ 1HUSBAND ^ 2 WIFE O 9 MOTHER O 4 FATHER ^ 6 DAUGMrEA /V ^ 6 BON ^ 7 BROTHER ^ B SISTER SUSPECTIS) ACTIONS ^ t DEMANDED MONEY ^ 21NFLK;TEDINJURIES O 3 SELECTAIE IN LOOT ^ 4 STRUCK VICTIM ^ b ALARM dSABLED ^ e ARSON ^ 7 ATE/DRANK ON PREMISES ^ 8 BLINDFOLDED VICTIM BOUNDAiA(iGED ^ 9 GT BURGLAR ^ 10 DEFEGTED/URNATED O 11 dSROBED VICTIM FULLY O 12 dBROBED VICTIM PARTULLlY ^ 19 FlRED WEAPON ^ 14 FORCED VIC TO MOVE O 16 FORCED NC INTO VEMK:LE ^ 16 HAD BEEN DRINKING ^ 17 N/DICATION MULTI BUSPECT9 O 1S KNEW LOC. OF HIDDEN TIEMS ^ 19 MADE THREATS ^ 20 PU1CJ~ PROPEITIY N SACKIPOCIO:T ^ 21 PREPARED E%R ^ 22 RANSACKED ^ 23 RIPPED/CUT CLOTHING ^ 24 SHUT OFF POWER ^ 25 SMOKED ON PREMISES ^ 28 SEARCHED VICTIM ^ 27 SUSPECT ARMED O 28 THREATENED RETALMTKNI ^ Zo TOOK ONLY CONSUMIIBLES ^ 30 TOOK VICTIM'S VEHICLE ^ 31T0RTURED D 92 LINGER INFLUENCE DRUOB O 39 USED DEMAND NOTE ^ 94 USED LOOKOUT ^ 36 USED DRIVER O 30 USED MATCW(:ANOLE O 37 USED VICTIM'S NAME ^ 98 USED VICTIM'S SUtTCABE/PILL0ViICASE O ~ USED VICTIM'S TOOLS ^ 40 VEH NEEDED TO REMOVE PROPERLY ^ 41 CUi/OISCONNECTED PHONE D <Z CASED LOGTKIN BEFORE CRIhE ^ 43 FOLLOWED/STALKED VICTIM ^ 44 OTHER ^ 1 AUdBLE ALARM ^ 2 81LEM AU1RM ^ S PRNATE SECURITY PATROL ^ 4 DOO ^ 6 STANDARD LOCKS ^ e AUXILIARY LOCKS (DF.AOBOLT, WINDOWS. ETC) ^ 7 WINDOW BARB/GRILLS ^ 8 OUTSIDE LM311TB1O ON O 9 MSIDE IKiHTMifi ON ^ 10 GIIRIIOE DOOR LOCKED ^ 11 OBSCUFED NITEIIIOR VIEW (COMMERCWJBUSINESB) ^ 12 8ECURRY SKiNIN0 (N.W. ALARM ETC.) ^ 13UNKN0WN ^ 14 OTHER O 9 OTHER FAMLY L~ ^ 10 ACOUAMITANCE ^ 1/ FRIEND D 12 BOYFRIEND ^ 13 GIRLFRIEND ^ 14 NEIGHBOR ^ 15 BUSINESS ASSOCIATE ®1 ^ 1S STRANGER t ^ 17 UNKNOWN NOT TO or FUfiNiSN agency Bxc without the MAAITAL STATUS ^ 1 SINGLE ^ 2 MARRIED ^ 3 DNORCED ^ 1 SEPARATED O 6 ANNUL I Ff1 ^ s coMMON LAw D, COPIED Tess perrtliSSiO(1 Of the TE'tUrred tO tTl@ U8~18iTITi811i U~V11 ua- m 21t ~. Tustin Police Department Information Report CR# 07-6592 On 09-07-07 at approximately 2018 hours, I was dispatched to the area of 350 Pasadena Ave. reference a fallen tree which had damaged two vehicles. I arrived on scene and located the tree which was determined to be City of Tustin property. The tree (identified as a Pittosporum Undulatum) had fallen towards the street and landed on two parked vehicles. The trunk of the tree landed on the back of a 2003 silver Honda Civic (SCUA047). The limbs of the tree landed on the hood of a 2001 black Chevy Silverado (7Y18193). Both vehicles received scratches and minor dents. I spoke with the owner of the Honda (Jamie Stoffel) and she said she had parked her vehicle approximately one hour prior. She said she came out to her vehicle at 2015 hours and saw the tree on her vehicle. I spoke with the owner of the Chevy (Bernardo Larios) and he told me he parked his vehicle at unknown time earlier in the evening and he at approximately 2015 he came out to his vehicle to find the tree on top of it. Tustin City Yard and West Coast Arborist responded to the scene and removed the tree from the roadway. Multiple photographs were taken and downloaded into property at TPD. Newton #1147 OFFICIAL COPY NOT T BE DUPLlCATED, COPIED or FURNISHED to any other person of agency except as provided by law without the express permission of the Tustin Police Departrnent and is to be returned to the Department upon de- mand.