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HomeMy WebLinkAbout09 CLAIM 09-21, MAC DONALD 08-04-09Agenda Item _ ~ __ • Reviewed: AGENDA REPORT City Manager .~`~: Finance Director N/A MEETING DATE: AUGUST 4, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES SUBJECT: CONSIDERATION OF CLAIM OF BRIAN MACDONALD, CLAIM NO. 09-21 SUMMARY: The Claimant alleges loss of personal property, business and personal records, emotional trauma, damage to his reputation and lost wages as a result of his arrest for the unlawful taking of a vehicle. While patrolling the area, a Tustin Police Officer was approached by the owner of the stolen vehicle, stating that he had spotted his vehicle in a nearby parking lot. As the Officer approached the vehicle, he observed the claimant enter the vehicle. Subsequently, the claimant was arrested, and at his request his possessions from inside the stolen vehicle were released to his ex-wife. The claimant has apparently been unable to secure those possessions back from his ex-wife, and is claiming them as damages against the City. RECOMMENDATION: That the City Council deny Claim Number 09-21, Brian MacDonald, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Following investigation by the City's Claims Administrator, there does not appear to be liability on the part of the City of Tustin. The Claimant was in possession of a vehicle that had been reported as stolen, and as such the Officers involved had an appropriate legal reason to arrest him. At the claimant's request, his possessions were released to his ex-wife. Staff is recommending denial of the claim. Kristi Recchia Director of Human Resources ATTACHMENTS: Copy of Claim No. 09-21 CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property} Received via: CITY OF TU.`'iTIN Time stamp: ® U. S. Mail ^ Inter-Office Mail ^ over the Counter Zppq JUt 14 A 8~ ~ ~ C-aim No: ©9 - / 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 (Government Code § 911.2). D. Claims for damages to real praperty 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 daimant 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 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 92780. Name and Post Office address of the Claimant: Name of Claimant: ~~ )~,J ~t--t~ . Home Address: ~ ~ ~~f~Frt/S j ~ ~ v~ Home Telephone: Work Telephone 2. Post Office address to which the person presenting the daim desires notices to be sent (Ir drfFerent from above) 3. 4. Name of Addressee: The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: Logtion: ~ ,- . , ~ , ~. Circumstances giving rise to this claim: ~4' ~vSS~.Ssrd~S ~-~oT/~i~clG~ P N ff 7^ ~'f ~il.1T ~o ~`~ ~ >n~L icy i o ~~ ~-/it%~S ~ E~CWI FF CAN/ General description of the indebtedness, obligation, o}- /YL Y CLC77~IV~ 7Z' E ,~jrc~G~U AL~ Time of Occurrence: i/'GiFiE ~/Ofc' ~ 'T~f~1,2 ckkl'TZ 'M~=` ~ Nr~t ~t-Z3Lt- To 7ZE ;r~i~~~ rLt ~' ~-~ damage or loss incurred so far as you now know. )~~5~ lob..'-~f~~~ S~l/~S. l~.ffV/~ N n'1 e ~Nrls N / / v r4'K~N''1 ~ ~ /h~L UE/~f/ CG. ~ a~ l.(,t.~ ill c7' G ~ ~~ rU ~-fE ~ ~Pv~ ~ ~~7o j',~F.s-~,~7- 7~C,~,~ . ~~~F Svc ~t s-F-~-rn~S 5 ~ r~~ E~ ~t ~s r ~ ~~ ~~_ ~~ z .4-M ~ ~,ZvL Fss,©,~zg~ ~~~`l± 3vs; ~vF"SS,n?,~1.q-,vv /-/.~/~" S v~f~R ED I ~ ~~ y~~~~~ ~~rvr.~e~ ro ~z ~'~;~s~av,9z... ~`~ ~~F~jrc~u•4>!- ~T~~T~T/vK~ ,~' ,,~.~~.vL7"~ ~ Th~» /`3l`l't 12Cd1/"F ;. .._:_, 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. ~7~~/~U VDU ~~ ~~~P~~ ~ ~yt c`al` 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 bills, invoices, estimates, etc.} Amount Claimed and basis for computation~~.~,v ~-1itx1,~E55 Syt3S /~~~E,~ J~ l.U Clf ~iT3. ~~~s f/~/y~re~}i2 51~ftTL~, T1~S SNaEs -'~S`6 [9-rrD ~'a,51N~S~ ?E~2s c,c~jfir ~t~C75, 3~iukf2~'~,2175, E/rtyiiv-yA--~ `TRu~/-lam r~it~i,~-~ %Z~ ~yA-~!E GDST Ttrl~ ~-Tc..C>i -- .~3 ~r~-v E , If arr(ount claimed exceeds 510,000: 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 clvil case is one in which the recovery sought is more than $25,000. (See CCP § 86. ) ^ Limited Civil Case ^ Unlimi#ed Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Additionalty, in order to conduct a timely investigation and possible resolution of your claim, the City of Tustin requests that you answer the foltowina aupstinnc Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: 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 bil/s or reports or similar documents supporting your claim. 9 If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Address: Telephone: Insurance Policy No.: Insurance BrokerlAgent: Address: Telephone: Claimant's Veh. Lic. No.: Claimant's Drivers Lic. No.: Vehicle Make/Year: Expiration: /f 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 streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street comers. If CitylAgency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you fast 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 bcation 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 sitriation, attach hereto a proper diagram signed by claimant SIDEWALK CURB ~` PARKWAY SIDEWALK 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 flied which is later determined not to have been brought in good faith and with reasonable cause. Signature: `~ Date: ~t'f~-l 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 Revised 1212004 Signature of Claimant Page 4 of 4