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Home My WebLink About03 CLAIM 09-27 - COMBS 12-01-09Agenda Item 3 • Reviewed: AGENDA REPORT City Manager je Finance Director Nin MEETING DATE: DECEMBER 1, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES SUBJECT: CONSIDERATION OF CLAIM OF H. REX COMBS, CLAIM NO. 09-27 SUMMARY: The claimant alleges that a pine cone from a City pine tree fell on his car, causing a dent in the hood. RECOMMENDATION: That the City Council deny Claim Number 09-27, H. Rex Combs, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator, NovaPro, has completed their investigation and concludes that there is no liability on the part of the City. There have been no other complaints regarding this pine tree, and the tree has been maintained on a regular trimming schedule. Additionally, pine cones fall from a pine tree as a natural occurrence, and therefore are not controlled by nor caused by the City. Staff is recommending denial of the claim. kt�M,Lo,— Kristi Recchia Director of Human Resources ATTACHMENT: Copy of Claim No. 09-27 sAgeneral liability\claims\combs, h. rex 09-27\combs, rex - agenda report - gl claim denial 11.13.09.doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) CITY OF T US T I N Received Via: Time Stamp: ❑ U.S. Mail 1009 AUG 21 P 2: 14 Inter -Office Mail Over the Counter Claim No: Z 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: 0/ + leex 10 Home Address: Home Telephone: Work Telephone: 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) 3. 4. Name of Addressee: �� A&,IJ5 Telephone: Post Office Address: The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: �f—�—� Time of Occurrence: Location: 10p.,Q d ee, Circumstances giving rise to this claim: General description of the ind btedness, bligatio n damage or loss incurred �fs you now kno -��1 —.tom c Page 1 of 4 7 The name of names of the public employee or employees causing the injury, damage, or loss, if known. 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: f�17?h*4 1�r �A `�S�i''✓�%�i �i 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, the City of Tustin requests that you answer the following questions Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: I r, . . _ AW ' p, v c� i /nc. i.eG. If the claim involves medical treatment for a claimed injury, please provide the name, address and elephone 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 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 "13-1" and the point of impact by "X." street corners. 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. J/ CURB SIDEWALK x it PARKWAY %IDEWALK 77j'� M►y� CURB 0 N 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: X 08/13/2009 at 04:00 PM 92277 Job Number: TUSTIN RANCH COLLISION CENTER License #:AB 232179 Federal ID #:330899425 5 Auto Center Drive Tustin, CA 92782 (714)540-9330 Fax: (714)734-8199 PRELIMINARY ESTIMATE Written By: DALE JANSSON Adjuster: Insured: REX COMBS Claim # Owner: REX COMBS Policy # Address: Deductible: Date of Loss: Other: Type of Loss: Point of Impact: 12. Front Inspect TUSTIN RANCH COLLISION CENTER Business: (714)540-9330 Location: 5 Auto Center Drive Tustin, CA 92782 Insurance Company: Days to Repair 2009 LEXU RX350 4X2 PEBBLE BEACH ED 6 -3.5L -FI 4D UTV GREY Int:IVORY VIN: M Lic: CA Prod Date: 03/2008 Odometer: 18884 Air Conditioning Rear Defogger Tilt Wheel Cruise Control Telescopic Wheel Intermittent Wipers Climate Control Keyless Entry Rear Window Wiper Steering Wheel Controls Message Center Dual Mirrors Privacy Glass Console/Storage Overhead Console Wood Interior Trim Luggage/Roof Rack Electric Glass Sunroof Fog Lamps Rear Spoiler Xenon Headlamps Clear Coat Paint Metallic Paint Power Steering Power Brakes Power Windows Power Locks Power Driver Seat Power Passenger Seat Power Mirrors Heated Mirrors Memory Package AM Radio FM Radio Stereo Search/Seek CD Changer/Stacker Anti -Lock Brakes (4) Driver Air Bag Passenger Air Bag Head/Curtain Air Bags Front Side Impact Air Bag 4 Wheel Disc Brakes Traction Control Stability Control Leather Seats Bucket Seats Power Trunk/Tailgate Automatic Transmission ------------------------------------------------------------------------------- Aluminum/Alloy Wheels NO. OP. ------------------------------------------------------------------------------- DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 HOOD & GRILLE 2* Rpr Hood 2.5 2.8 3 Add for Clear Coat 1.1 4 R&I R&I grille assy 0.3 5# Rpr Fether edge, prime and block 0.5 6 WINDSHIELD 1 08/13/2009 at 04:00 PM 92277 Job Number: PRELIMINARY ESTIMATE 2009 LEXU RX350 4X2 PEBBLE BEACH ED 6 -3.5L -FI 4D UTV GREY Int:IVORY ------------------------------------------------------------------------------- NO. ------------------------------------------------------------------------------- OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 7 R&I RT Nozzle US built 0.2 8 R&I LT Nozzle US built 0.2 9# Rpr COLOR MATCH 0.5 10# Rpr COLORSAND & BUFF 0.5 11# COVER CAR 1 10.00 T 0.5 12# ------------------------------------------------------------------------------- Subl HAZARDOUS WASTE REMOVAL 1 3.00 X Subtotals =_> 13.00 4.7 4.4 Parts 0.00 Body Labor 4.7 hrs @ $ 44.00/hr 206.80 Paint Labor 4.4 hrs @ $ 44.00/hr 193.60 Paint Supplies 4.4 hrs @ $ 34.00/hr 149.60 Sublet/Misc. ---------------------------------------------------- 13.00 SUBTOTAL $ 563.00 Sales Tax ---------------------------------------------------- $ 159.60 @ 8.75000 13.97 GRAND TOTAL $ 576.97 ADJUSTMENTS: Deductible ---------------------------------------------------- 0.00 CUSTOMER PAY $ 0.00 INSURANCE PAY $ 576.97 K 08/13/2009 at 04:00 PM 92277 Job Number: PRELIMINARY ESTIMATE 2009 LEXU RX350 4X2 PEBBLE BEACH ED 6 -3.5L -FI 4D UTV GREY Int:IVORY FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/_=WITH/_ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. NWCPP=NATIONWIDE CRASH PARTS PROGRAM. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ARB8913, CCC Data Date 08/01/2009, and the parts selected are OEM -parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount. OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not -Included Labor operations. Non -Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries. Some 2010 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The Pathways estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. 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