HomeMy WebLinkAboutC.C. 07 CLAIM 91-50 01-06-92`.a
CONSENT CALENDAR NO. 7
4 1-6-92
0 r,
DATE: DECEMBER 11, 1991
-� { �` - 1. J C) i t i . �'-
10: HONORABLE MAYOR AND CITY COUNCIL
FR0110: CITY ATTORNEY
SUBJECT: CLAIMANT: LEIGHTON GARELL; D/L: 10-01-91; DATE FILED W/CITY:
11-19-91; CLAIM NO: 91-50; CARL WARREN FILE NO: S 66792 PRL
After investigation and review it is recommended that the
above -referenced claim be rejected and the City Clerk directed to
give proper notice of the rejection to the claimant and to the
claimant's attorney.
JAMV.. ROURKE, City Attorney
JGR: jab:121191(CL-9150.jab)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
City Manager
CLAIM AGAINST THE CIT_ .JF TUSTIN
(For Damages to Persons or Personal Property)
Received by
U.S. Mail
Inter -office Mail
Over the Counter
via
The law Provides genera y that a claim must be filed with the City er oz -
the City of Tustin within 100 days after which the incident or event occurred.
Be sure your claim i as gainst the City of Tustin, not another public entity.
Where•space is insufficient, please use additional paper and identify informa-
tion by paragraph number. Completed claims must be mailed or delivered to the
City Clerk, The City of Tustin, 3011 Centennial Way, Tustin, California 92680
'TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California:
The undersigned respectfully submits the following claim and information rela-
tive to damage to persons and/or na- oerty:
L G Garell
'�
b: PHONE NO: )
SOCIAL
d. SECURITY NO:
C. DATE OF BIRT
DRIVERS
e. LICENSE NO:'
2. Name, telephorie and pMn�=Vv.t.ddfe*ss to which•claimant desires notices
to be sent, if other J A
3. This claim is submitted against:
_
a. The City of Tustin only/
.
b. The following employee(L) of the City of Tustin only:
4.
C. The City of Tustin and the following employees) of the
City of Tustin only:
Occurrence or event from which the claim arises:
a. DATE: b. •TIME:
and specific ocation):
C. PLACE (Exact
d. How and under what circumstances did damage or injury occur? Specify
the particular occurrence, event, act or omission you claim caused
the i jury or damage (Use additional paper if necessary).
n
e. Wha paA4/Avla i n the i ty, r i is employees , caused the
alleged damage or 'njury?
5. Give a description of the injury, property damage or loss so far as is
known at the tame of this claim. If there were no inlu ries, state "no
6.
Give the name
.(s) of the City employee (s) causing the am e jYyl, U1rY�tL�
7.
Name and address of any other person
injured:
8.
Name and address of the owner of any
damaged property:
9.
Damages claimed:
/ GG
a. Amount claimed as of this date:
b. Es tir►Lated aro:::t of fu to re costs:
�—
c. Total amount claimed:
d. Basis for computation of amounts
claimed (include co es o 1 i s,
invoices, estimates, etc.:
10.
Names and addresses of all witnesses,
hospitals, doctors, etc.:
a.
C.
d.
-'.
Any additional information that might
be helpful in considering this claim:
WARNING: IT IS A CRIPSINAL OFFENSE T.0 FILE A FALSE CLAIM! ( Penal Code
Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I know the
same to be true of my own knowledge, except as to•those matters stated to be
upon information or belief and as to such matters I believe the same to be true.
I certify under penalty of perjury that the foregoing is TRUE AND CORRECT.
Executed this V� day of 19 �1, at Tustin, California.
Office of the City Clerk,
Tustin, California
AIDS NO:
Revised 8/05/81
JGR:se:R:8/5/81 (A)
CLAIMANT ' S -SIGNATURE
DATE FILED:
Y O
CUs Tl Public Works i Water Service Division
November 4, 1991
Mr. Leighton Garell
Dear. Mr. Garel:
City Of Tustin
235 E. Main Street
Tustin. CA 92680
(71 c) 573-3375
FAX (7141 838-0039
This letter is in response to your request that the City repair a portion of your driveway near the
location at which a leak in the City water main was repaired on October 9, 1991. After
inspecting the site, I do not believe that the City can be responsible for the replacement of any
concrete other than the drive apron which was damaged during the repair.
You have stated that you believe that the cracking further upyour driveway was caused by the
leak. In viewing all of the driveways on Country Lane, I observed that several of the driveways
are cracked in a pattern similar to yours. I believe that this is due to the soil conditions in the
area and the type and thickness of concrete used during construction and not due to the leaking
water main. I also observed that several of the driveways have been replaced with new
concrete, and they are in good condition.
A City of Tustin claim form is enclosed for your use if you should disagree with my
observations and conclusions. I believe however, based on past experiences with similar
situations, that a claim for additional repair of your driveway would not be allowed.
Very truly yours,
Gary R. V�eh
Water Service Manager
GRV:cc
Enclosure
cc: Talbot Hazard,
Maintenance Supervisor