HomeMy WebLinkAbout12 CLAIM 08-51 - TUSTIN GARDEN APTMNTS 01-06-09AGENDA REPORT
MEETING DATE: JANUARY 6, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
Agenda Item
Reviewed:
City Manager
Finance Director
12
SUBJECT: CONSIDERATION OF CLAIM OF TUSTIN GARDEN APARTMENTS, CLAIM NO.
08-51
SUMMARY:
The Claimant alleges property damage in the form of a broken door frame as a result of police
forcing entry into an apartment unit.
RECOMMENDATION:
That the City Council deny Claim Number 08-51, Tustin Garden Apartments, and direct Staff to
send notice thereof to the Claimants.
FISCAL IMPACT:
None.
DISCUSSION:
The City's Claims Administrator has found no fault attributable to the City of Tustin in this incident.
The Tustin Police Department Gang Unit forced entry into the apartment in response to a call of
gang members fighting. The officers knocked and noticed the occupants of the apartment, who
were seen and heard inside. When the subjects refused to open the door, officers were required
to force entry.
,, .~
Kristi Recchia
Director of Human Resources
ATTACHMENT: Copy of Claim No. 08-51
~li4IM AGAINST THE CITY OF TUSTII~`
(For Damages to Person or Personal Property)
Received va: C I T ~"'0~5 T I N
^ u.s. Mail
^ Inter-Office Mail
^ Over the Counter 200 ~~~o^~ ~~ ~ 08-S1
PLEASE NOTE:
A. Read entire daim before filing.
B. Be sure your claim is against the Citv 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
(Govemment 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, identNying the paragraph(s) being answered.
F. A daim must be presented, as prescribed by the Govemment Code of the State of California, by the daimant or a person
acting on his/her behalf and shall provide the information shown bebw and must be signed by the daimant 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 dty. Claimant is advised to consuk a private
attorney ff legal advice is desired. No empbyee of the City may give legal advice to any daimant 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 82780.
1. Name and Post Office address of the Claimant:
Name of Claimant: /~/,~ j~n ~G~I'dc1~ C~ah ~U~f3
Home Address: /6~ //
n
Home Telephone: Work Telephone: / - 6' ac~S`
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 Oocurnence: ~ f f • ~ Time of O ence: o{ • ~~
Location: f7/'1 ~ ~/
Circumstances giving rise to this claim:
4. General description of th indebtedness, obligation, injury, damage loss incurred so far as you now know.
Page 1 of 4
r ~ ~.,, ~
' 5. The name or names of the ~ is em to ee or em to ees cousin the in u dame
_ ~ Pu p Y , p Y ~ 9 „ 1 ~ ge, or loss, if known.
6. If amount claimed totals less than 510,000: 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 Dills, invoices, estimat/es, etc.)
Amount Claimed and basis for computation: ~ /'~~. °'~'~ .
If amount claimed exceeds 110,000: 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 evil case.
A limited evil 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 sough is more than $25,000. (See CCP §
86.)
^ Limited Civil Case ^ Unlimited Civil Case
You are required to provide the Mformatlon requested above in order to comply with Government Code
§910. AdditlonaNy, in order to conduct a timely Investigation and possible resohition of your claim, the
City of Tustin requests that you answer the following questloru<.
7. Name, address and telephone number of any witnesses to the ocxurrence or transaction from which the claim
arises: VQZq~JGZ
DI>`da, T~~,~o -- ,~~ ~er~cfa,, ~ ~~Id~-a y G~'. ~a.~-d~.,~, _ ~/~aa. ~a~~ ei~
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: ^/ ~q-
Insurance Policy No.:
Insun3nce Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Yeae
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any r~spair bills, estimates or similar documents supporting your claim.
PAge 2 of 4
-a. ,
READ CAREFULLY
For all accldent claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
aoadent 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
accldent by "A 1" and location of yourself or your vehicle at the
time of the aottident 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.
rv
. SIDEWALK ~- ~,/~
CURB //7G~Gt ~~ ~ ~ ~~®~~~+=-~'[ ~I^J O / Gam- ~~Y17~ ~-c/`,
CURB ~
PARKWAY
SIDEWALK
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the CitylAgency 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 C~IM: 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 ar+cumstarx~s,
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
Hunt Enterprises
4416 W. 154th St.
Lawndale, CA 90260
Phone: 31075-3555 FAX: 310-349-8378
www. HuntEnterDrises. net
Vendor: Seers Lumber
3856 W. EI Segundo
Hawthorne Ca 90250
Phone: 310-676-6005
PURCHASE ORDER
158- 0~8 , y
PLEASE ATTACH ANY/ALL
PAPERWORK.ASSOCIATED
WITH THIS PURCHASE ORDER
check one
DATE PROPERTY # UNIT # # BED / # BAT OCCUPIED x
11/13/2008 #158 23 2X2 VACANT
Uo To Pro
'unt Enterprises
ustin Gardens Apartments
5811 Pasadena Ave Tustin, CA 92780
hone:(714)544-9254 Fax: (714)734-6002
DATE ITEMS PURCHASED DATE VE OR RK,COMP DATE REVISEDlINIT1AL3 TERMS
VENDOR
STOCK OR t Net 30
ITEM NUMBER QTY DATES D SC IPTION/EXPLANATION UNIT PRICE TOTAL
1 Door Seal $13.77 13.77
1 Door Jam $17.64 17.64
1 Case Moldin $3.29 3.29
1 3 1/2 inch Finish Nails $2.69 2.69
5 5 Hour Labor $20.00 100.00
Reason: Gan unit broke into unit #23 Force
En tenants where home and wouldn't o n
the door so the an unit force a .Gan
unit said that the of a hone call from statin
that the tenants had a fi ht outside.
Sub-total 137.39
CHARGI NG TENANT: YES NO IRCLE ONE) If Yes, AMOUNT $ Tax 3.08
IF NO GIVE EXPLANATION.
/'~/~1~. ~ ~ . `--, Total: 140.47
Signature for completion
Print Name
Ralph Moore, *Project Manager
•For struMual repairs and improwrnents.
(roofs, palrrtlnp~ paving, etc.)
~- Jennifer Dula
RegionaUNlaintenanoe Supervisor
Senior Managemenrt (over;1,000.00)
Senior Management (over 51,000.00)
Green: fill in before faxed to Corp.
Red: fill in after work is done or
items purchased
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