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Home My WebLink About13 CLAIM 08-39 - GALLAGHER 01-06-09AGENDA REPORT MEETING DATE: JANUARY 6, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR Agenda Item 13 Reviewed: City Manager Finance Directo SUBJECT: CONSIDERATION OF CLAIM OF JOHN AND DANIELLE GALLAGHER, CLAIM NO. 08-39 SUMMARY: The Claimants reported that due to high winds on October 13, 2008, a City tree fell into their backyard fence, causing damage. They submitted a copy of a Contractor's invoice for $206.00 to complete the necessary repairs to the fence. RECOMMENDATION: That the City Council deny Claim Number 08-39, John and Danielle Gallagher, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator has found no fault attributable to the City of Tustin in this incident. Staff has confirmed that there were not any prior complaints regarding the tree involved -the tree is City owned and maintained and it was last trimmed on August 21, 2008. Heavy winds in the area were determined to be the cause of the limb breaking and falling, and this is not something the City has control over. It is recommended that this claim be denied. Ronalci~A. Nault Finance Director ATTACHMENT: Copy of Claim No. 08-39 ConsiderationOfClaimOfJohnAndDanielleGallagher08-39. doc Home Address: CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received Via: B'~r~ieYS~np~ ~ S T ~ ~'~ ^ U.S. Mail nter-Office Mail Over the Counter ~ ^~I~,TNb:b P 12~ 2 9 Q 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 ocxurrence (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 daim must be presented, as prescribed by the Govemment Code of the State of California, by the daimant or a person ailing on his/her behalf and shall provide the information shown below 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~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 daimant relating to private daims. H. Completed daims 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: 2. 3 Home Telephone: "? ~ Work Telephone: ~ Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: `TO h n Qn(A lJ~ P _ l~ ~~Q h~,Telephone: -] ( Post Office Address: The date, place and other circumstances of the occurrence or transaction from which the daim arises. Date of Occurrence: r: Time of Occurrence: Location: ~,~ ~~~ Circumstances aivm4 nse to this daim: ~i -.P ~-.~ 1n ~ n.tn ~ -~ -.n~ L (m i .~, i -~-<~ P 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: 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 7. 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, the (City of Tustin requests that you answer the following questions. 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: !f 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 affach any repair bills, estimates or similar documents supporfing your claim. Page 2 of 4 Name, address and telephone number of any witnesses to the occurrence or transaction from which the Gaim arises: • READ CAREFULLY For all accident Gaims, 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 VehiGe 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 accdent by "A-1" and location of yourself or your vehiGe at the time of the acadent by "B-1" and the point of impact by "X.' NOTE: If diagrams below do not fd the situation, attach hereto a proper diagram signed by Gaimant. SIDEWALK CURB ~ CURB -~, PARKWAY 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 reasonabte~~,use. ~ Sig Date: ~ ~ ~ j ~ ~ ~ Page 3 of 4 ~LgC' Paul L. Barry Construction Your One-Stop Contractor 14381 Clovertxook Dr. Tustin, Ca. 92780 {714) 501-8497 ~ LIC.# 904216 Name Danielle Gallagher Date: 10/13/2008 Address City,State,Zip Quantit Description Labor Material Cost Total Material Total 13 wood slats with d ear to $65.00 $4.00 $52.00 $117.00 3 2x4x8 ressure treated $65.00 $8.00 $24.00 $89.00 $0.00 ;0.00 $0.00 $0.00 $0.00 $0.00 $0.00 x0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 x0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 __.__ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ;0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ;130.00 ;76.00 ;206.00 - - All material is guaranteed to be as specified and the above work to be performed in accordance with the drawing specifications submitted for above work and completion in substantial workmanlike for the sum of $206.00 I With payments to be made as follows: Respedifully submitted Any alterations or deviations from above specifications involving extra costs will be ,executed only upon written order,and will become an extra charge over and above !,the estimate. All agrements contingent upon strikes,accidents,orctelays beyond our control. The above price specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as speafied. Payment will be made as outlined above. Signature Signature Date: