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Home My WebLink About06 CONSIDERATION OF CLAIM NO. 10-07Agenda Item 6 ~" Reviewed: ~~-=--~-=~ ~ AGENDA REPORT City Manager Finance Director N/A MEETING DATE: JUNE 1, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES SUBJECT: CONSIDERATION OF CLAIM OF EMELIDA MCLEAN, CLAIM NO. 10-07 SUMMARY: The Claimant alleges that she backed into equipment that was left in her driveway by a City water crew, resulting in damage to her vehicle. A City water crew was working near the claimant's home to relocate a fire hydrant. Equipment and parts were located on Bergen Circle while the work was being done. No equipment or parts were in the claimant's driveway. The claimant was aware that the City crew was working on the hydrant. There was a 30-inch hydrant spool on white bricks located adjacent to claimant's driveway, which claimant backed into. Claimant is also alleging damage to the front of her vehicle, which several witnesses state did not occur as a result of this incident. RECOMMENDATION: That the City Council deny Claim Number 10-07, Emelida McLean, 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. The City was working in the area to relocate a fire hydrant, however, the City equipment and parts were located on Bergen Circle, not on claimant's street. Additionally, the hydrant spool that claimant hit was not left in the driveway, but was adjacent to the driveway. A driver has the duty to make sure the area is clear before backing. Therefore, there does not appear to be any negligence on the part of the City. Staff is recommending denial of the claim. ~;' ':'~~~: F a~-~ ~v it f: ;;'~R~ Kristi Recchia Director of Human Resources ATTACHMENT: Copy of Claim No. 09-30 CiLAIM AGAINST THE CITY OF TUS~~rw (For Damages to Person or Personal Property} Received Via: Tim~~S~ar~nta: - ,- ~ r T • ~ ^ U.S. Mail l ~ 1~ ._; I ~ r~ ^ Inter-Office Mail ^ Over the Counter Cl~i~l~~~ ~ ~?~. i'"1 °_ r 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: .,.,,. 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: 3 4. Telephone: Post Office Address: The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: (~ f j 7 /~ ~} Location: ~ener description of the i -- ~~v l ~ y' /, Hess, obligation, Time of Occurrence: Q ~ 5 , or loss incurred so far as you now know. Page 1 of 4 Circumstances giving use to this claim: 5: The name or names of the pubnc employee or employees causing the inju~r)`r, damage, or loss, if known. C~1 ~ ~~- 7 v f f"7 ~ ~ ~-~l o y c. t ~' 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: '] ~ /_ L/_3 v_~ /~ /fr.~.d ' ! _~ r ~ itn ti . /`f~' /~i s -e dv•-,i-~, _ v-r~~-.i- J If amount claimed exceeds $10,000: I t~e amoun`f Maimed exceeds ten thdGsand 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. 7. Name, address and telephone number of any witnPSSes to the occurrence or transaction from which the claim arises~,:/~ j 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: 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 streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. 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 accident by "A-1" and location 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 situation, attach hereto a proper diagram signed by claimant. // CURB %/ SIDEWALK PARKWAY 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 filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: G Date: ~~ Page 3 of 4 ~~ .. ~. 04/8/2010 at 12:07 PM Job Number: 16199 HI TECH COLLISION & PAINTING #4 Federal ID #:951986798 FROM ACCIDENT TO EXCELLENCE SINCE 1957 CAD9816893 1620 E. MCFADDEN AVE. SANTA ANA, CA 92705 (71.4)547-5128 Fax: (714)597-3481 PRELIMINARY ESTIMATE Written By: JOHN MITTSKUS Adjuster: Insured: Emelida McLean Owner: Emelida McLean Address: Day: (714)669-0170 Inspect Location: Insurance Company: Claim #0 Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Days to Repair 2007 HOND PILOT 4X2 EX 6-3.5L-FI 4D UTV Int: VIN: - Lic: Prod Date: Odometer: Air Conditioning Rear Defogger Tilt Wheel Cruise Control Intermittent Wipers Keyless Entry Alarm Dual Air Condition Rear Window Wiper Steering Wheel C ontrols Body Side Moldings Dual. Mirrors Privacy Glass Console/Storage Luggage/Roof Rack Fog Lamps Rear Spoiler Clear Coat Paint Power Steering Power Brakes Power Windows Power Locks Power Driver Seat Power Mirrors 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 Impac t Air Bag 4 Wheel Disc Brakes Traction Control Stability Control Cloth Seats Bucket Seats 3rd Row Seat Power Trunk/Gate Rele ase Automatic 'Transmission Overdrive Aluminum/Alloy Wheels NO. OP. ---------------- DESCRIPTION --------------------- QTY EXT. PRICE LABOR PAINT 1 ----------- FRONT BUMPER ---- --------------------------- 2** Repl RECOND Bumper cover 1 274.00 1.8 2_.6 3 Add for Clear Coat 1.0 4# Color tint / color match 1 1.0 5# Rpr Color sand and buff 0.5 6# Repl Flex additive 1 10.00 7 Repl Lower cover 1 60.07 1 04/28/2010 at 12:07 PM ~ Job Number: 16199 PRELIMINARY ESTIMATE 2007 HOND PILOT 4X2 EX 6-3.5L-FI 4D UTV Int: ----------------------------------------------- NO. OP. DESCRIPTION ------------------------------------------------ ------------------------ QTY EXT. PRICE LABOR ------------------------ -------- PAINT -------- Subtotals =_> 344.07 3.3 3.6 Parts 344.0`7 Body Labor 3.3 hrs @ $ 42.00/hr 138.60 Paint Labor 3.6 hrs @ $ 92.00/hr 151.20 Paint Supplies -------------------- 3.6 hrs @ ---- $ 30.00/hr 108.00 SUBTOTAL --------- ----------- $ -------- 741.8'1 Sales Tax -------------------- $ 452.07 ------ @ 8.75000 39.56 GRAND TOTAL ------- ----------- $ -------- 781.43 ADJUSTMENTS: Deductible -------------------- --- 0.00 CUSTOMER PAY ---------- ----------- $ -------- 0,00 INSURANCE PAY $ 781..43 THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDI'PIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER INITIAL TEARDOWN. WORN OR DAMAGED PARTS WHICH WERE NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED. NATURALLY , THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES. THIS ESTIMATE IS GOOD FOR 30 DAYS. Under Califorina Code of Regulation, Title 10, Chapter 5, Subchapter 8, Section 2695 .8.d.2.c, You are advised, that you have the right to have any repairs facility of your choice to do the repairs to your vehicle. However, your insurance company can reasonably adjust any written estimates prepared by the repair shop of your choice. If you choose to use a repair facility suggested by your insurance company, they will guarantee the damage vehicle to be restored to its pre-loss condition at no cost to you other than as stated in the policy (i.e. policy limits or deductible) or allowable depreciation. THTS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PAR`I'S ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTORS OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE. 2