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Home My WebLink About11 CLAIM 08-40 IBRAHIM 11-18-08Agenda Item Reviewed. * AGENDA r DA RE1 ORT City Manager q Finance Director MEETING DATE: NOVEMBER 18, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR 11 SUBJECT: CONSIDERATION OF CLAIM OF SAMIA EL HAJ IBRAHIM, CLAIM NO. 08-40 SUMMARY: The Claimant reported that while traveling on Jamboree Road, her vehicle passed over an area of the roadway that was covered in wet paint and it was not possible for the driver to avoid the paint safely. Removal of the paint through the car wash was unsuccessful and the vehicle had to have detail service, at a cost of $119.99. This claim is related to Claim No. 08-42. RECOMMENDATION: That the City Council deny Claim Number 08-40, Sarnia EI Haj Ibrahim, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator has found this to be a case of no liability as to the City of Tustin. Staffs investigation has determined that the wet paint in the roadway came from an unknown source - the City's Contractor does not carry buckets of paint and the equipment they use will not allow such a spill, by the nature of its design. The City did not have any notice or prior complaints remedy the condition. As the City cannot be held parties, Staff is recommending denial of this claim. 2?4 — Ron Id A.14ault Finance Director ATTACHMENT: Copy of Claim No. 08-40 Consideration OfClaimOfSamialbrahim08-40. doc regarding the paint in the road in order to responsible for the negligent acts of third VIM AGAINST THE CITY OF TUSTO (For Damages to Person or Personal Property) Received Via: ❑ U.S. Mail ❑ Inter -Office Mail ❑ Over the Counter 2Q08 (&OP441. F"129 3 1— D S—Y& CI f Te&,a * STIN PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the City of Tustin, not another public entity. 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 (Government 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 Government 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 (Government 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. Name and Post Office address of the Claimant: Name of Claimant: Home Address: Home Telephone: Work Telephone: Nl n 2. Post Office address to which the person presenting the claim desires notices to be sent: (ff different from above) 3. Name of Addressee: Post Office Address: Telephone: The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: f Time of Occurrence: ' Location: i , Tu5Pw Circumstances giving rise to this claim: 4. General description of the indebtedness, obligation, injury, i / .i i Page 1 of 4 or loss incurred so far as you now know. 5. The name or names of the pi]61ic employee or employees causing the injuryRamage, 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 bilis, invoices, estimates, etc.) Amount Claimed d basis for computation: • t 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 infonnation requested above in order to comply with Government Code §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the 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: kevin ima � 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 treatrnent: 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. Uc. 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 READ CAREFULLY For all accident claims, place on following diagram name of City/Agency Vehicle; location of City/Agency vehicle at time of streets, including North, East, South, and West; indicate place of accident by "A-1" and location of yourself or your vehicle at the accident by 'X' and by showing house numbers or distances to time of the accident by 'B-1" and the point of impact by "X.' street comers. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, NOTE: If diagrams below do not fit the situation, attach hereto a and by 'B' location of yourself or your vehicle when you first saw proper diagram signed by claimant ZILZ SIDEWALK CURB CURB Z PARKWAY 77 SIDEWALK 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: Page 3 of 4 Date: `olp a IF LATE MIM: COMPLETE ITEMS 1- 9 AND THIS AP*ATION. 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: 161'p &L Date Revised 12/2004 gnsture of Claimant Page 4 of 4 • 0 _98 -_ p {? 0 3 a►r» a Wash NAME _crn/strAP ..PHWN - - �. Y�- EMPLOYEE NO. DATE TIM YEAR MAKE MODEL PLATE NUMBER COLOR SPORTuTtLi VEHICLES; MINIVANS, FULL SIZE VANS, INCLUDES "NVOIRKS" WASH WITH; ANY 'DETAIL SERVICE LIMO, HUAMER -AQQ 51Q,00. PR�CES ARE_CAR SPECIE AND iiliAY VtY DUE TQ SIZE QR C��Q+IIQITIOMQF VEHICLE EXTERIOR SERVICES fNMAL Premium Wax Restores gloss and provides durable wax protection ............................................... ... .$39.99 Paint Sealant Long Lasting, ultimate high gross paint protection . ...................... Polish and Wax Removes light imperfections, enhances gloss and. adds dar* protaodoa, F ....,, .. .... , .. ;95.99 Polish and Sealant Removes ugnt impeneciions and provides deepest gloss Detail Gay ogr►tamir►ant /ernova4 deans paint and adder po0sh alu Complete Exterior Detail clay, removes mod imperf"ft"; iioW6 Inc/odes $25 Gift Card Ultimate Detall"complete Exteriar`and in one rte " b -CAIncludes $50-61h Card p Engine Top ❑ A/C Sanilizer & Odor Engine Cleaned/Conditioned top only only..{. t topand ................ ...... . Hand Wash! The works) Cars 270oor i)", ng e a oversized and:d�doar yrd�a; sant u premium protwWn ...... ....................... $119.99 rabli& pratgcEbn . ..... $149.99:. . radoeptstgi�Cjfsand` ...... $249.99'".; Y.. $349.99 sadiiaht Restoration Suburban Dually, SW XL, full �W va sk Iknos anou, Wheel Polish (Set of 4) ..................... _............................ . T- - most vehicles) ....... X9.99. } •.%` ;19.99 _ 1.1 ;.99 � t. f .................... $29.99+ . Seat, Cleanln&. _ - J . ��:. l.. .. .99 Carpet & Mats ........................................ . .. .. .. ... . .. 4 99 Doort>lash,& Console.Clealning....... :........... _ _,?...... .,......... Carpet, Mats & Seats...................................................................:...: .99 ....................... .. . .. $79.99 Complele Interior Detail . _ : _ . , _. - Odor Removal Many fragrance choices available .................... , ............ ... , .. W J Motorcycle Hand Wash $69.99 Boat / RV / Trailer Hand Wash......................,....................................................... 55.00/foot Boat / RV / Trailer Hand Wash & Wax................................................................... $10.00/foot Boat / RV / Trailer Handwash, Buff & Wax Wash included...............................................$15.00/foot Boat / RV / Trailer Carpet & Seats- / Front Cab Cleaning (RV) Wash included ..................... $20.00ft It SUB TOTAL $ / / 9'�� (REV. 06-07) TOTAL $