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Home My WebLink About13 CLAIM JORGE GARCIA 03-17-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 13 MEETING DATE: MARCH 17, 2003 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY CLAIM OF JORGE GARCIA; CLAIM NO. 03-01 SUMMARY: The City Attorney is recommending denial of the claim. RECOMMENDATION: Deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. FISCAL IMPACT: None. DISCUSSION: The claimant alleges $3,559.93 property damage to his vehicle when a City-owned tree fell on his 1995 Chevy Tahoe SUV. On January 5 and 6, 2003, 50-75 mph winds blew through Orange County. Damage was reported from Yorba Linda to San Clemente. The alleged damage occurred on January 5, approximately 11:30 p.m. There is no evidence that the City had failed to maintain the tree on a timely trim schedule. Based on the investigation of the City's claims administrator and review by this office, we recommended denial of the claim. ATTACHMENT: Copy of the Claim 165754.1 Office of the City Clerk I I I January 7, 2003 Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re: Transmittal of Document(s) Claimant : _]orge Garcia City Claim No: 03-01 Filed With City: 01-07-03 X Receipt of Claim/Summons/Complaint By: Personal Service I City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 The enclosed records were presented to this office as indicated above and have been referred to the appropriate City department for investigation and also to the offices of Woodruff, Spradlin and Smart, Attn: Lois E. Jeffrey, City Attorney. By this letter, you are authorized to commence the necessary investigation of this claim on behalf of the City. We request that you give such notices as may be appropriate to the City's insurance carrier(s) and further request that you submit your preliminary and all subsequent reports to the City, with a copy to the City Attorney and to the insurance carrier(s) if they so request. Upon receipt of advice from the City Attorney, we will plan to present this matter to the City Council and/or take such other steps as are directed by the City Attorney. A copy of this letter and enclosures were sent on .lanuary 7, 2003 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. sincerely, Linda Davider City Clerk's Office Enclosures: (as above) C: City Attorney , Department Finance Department (orig copies) CITY OF TUSTIN CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Persons or Personal Property) The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within six (6) months after the incident or event occurred. Be sure your claim is against the City of Tustin, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, City of Tustin, 300 Centennial Way, Tustin, California 92780. WHEN COMPLETING THIS .FORM, PLEASE TYPE OR USE BLACK INK To the Honorable Mayor and City 'Council, City of Tustin, California: The undersigned respectfully submits the following claim and information relative to damage to person and/or property: 1. a. Name of Claimant: , ~.¢"'~_ c:~¢'- ~ b. Address of Claimant: / :) ,~)~ ~ ~ ¢ c. City/ZipCode: --? d. Telephone Number: '- ~_ ,~_~"--- ~ ~ e. Date of Birth: / ., f. Social Security Number: (_~ ~. g. Driver License Number: ~ - 2. Name, telephone, and post office address to which claimant desires notices to be sent (if other than_ above): ,_~-~ ~ (~,~-¢;_~ _~ ~ _% ~~~.~,-, '~,.~.~_ ~~ ~/-~ , This claim is submitted against: a. ~," The City of Tustin only. b. ' - The following employee(s) of the City of Tustin only: C. The City of Tustin and the following employee(s) of the City of Tustin only: . Occurrence or event from which the claim arises: a. Date: /- S-'- (:~ ~ b. Time: ' //.' ,*~) O~ c. Place(E_xactand~pecific-Loca{bn): lt~Lf-~¢,~[ ,~, ~."~.~,.¢~v' I'),(I~'L How and under v~hat circUrr{stanc-es did d~ma~e (~r injury occur? -,~pecify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional do paper if necessary: , o e. Give a descriptiOn of the' injury, property damage or loss so far known at the time of this claim. there were no injuries, state "no injuries". What particular action by the City, or its employees, caused the' alleged damage or injury? If Give the..~.name(s,) of the City em. ployee(s) causing the damage or injury: 7. Name and address of any other person injured' 8. Name and address of the owner of any damaged property: o 10. Damages Claimed' a. b. C. d. Amount claimed as of this date: '.-~_ ~ ~ % ~1. ,, ~ '~ Estimated amount of future costs: Total amount claimed: '3~ '5'~~¢[ ,, ff ~' Attach basis for computation of amounts claimed (include copies of all bills, estimates, etc.) invoices, Names and addresses of ali witnesses, hospitals, doctors, etc. WARNING" IT IS A CRIMINAL OFFENSE TO 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. __Claimant's Signature: --,~"~ ~ ¢¢ ('~, Executed this I~-~,~¢~ day of Date filed this .~..~ day of 2:CLAIM (1/00) ,20 O~ ,20 ~:) "% 12/31/2002 at 03:44 PM 28016 Job Number: COSTAMESA COACH CRAFT License %:AF184009 EPA 9:CAL00017371 2888 9C HARBOR BLVD. COSTA MESA, CA 92626 (714)825-0730 Fax: (714)825-0737 PRELLMINARY ESTIMATE Written by: Adjuster: Insured: GARCIA JORGE Owner: GARCIA JORGE Address: Day: Evening: Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Inspect Location: Insurance Company: Days to Repair 1995 CHEV TAHOE 4X4 8-5.7L-FI 4D UTV Int: VIN: Lic: Air Conditioning Intermittent Wipers Custom Interior Clear Coat Paint Power Windows Anti-Lock Brakes (4) Recline/Lounge Seats Prod Date: Tilt Wheel Body Side Moldings Privacy Glass Power Steering Power Locks Driver Air Bag Aluminum/Alloy Wheels Odometer: Cruise Control Dual Mirrors Luggage/Roof Rack Power Brakes Power Mirrors Cloth Seats NO. 1 2 3 4 5 6 7 8 9 10 11 OP. DESCRIPTION REAR BUMPER O/H rear bumper Repl Face bar production chrome Repl Step pad upper Repl LT Mount brace REAR LAMPS Repl LT Tail lamp assy TAIL GATE Repl Tail gate Add for Clear Coat Repl Nameplate Blazer, fuel injected TAHOE QTY EXT. PRICE LABOR 1.4 1 262.00 Incl. 1 47.49 Incl. 1 29.90 Incl. 1 117.50 0.5 1 409.84 3.0 1 30.99 0.2 PAINT 3.5 1.4 12/31/2002 at 03:44 PM Job Number: 28016 PRELI/~INA/~Y ESTATE 1995 CHEV TAHOE 4X4 8-5.7L-FI 4D UTV Int: NO. OP. DESCRIPTION QTY EXT. PRICE LABOR Repl Handle, outside w/o Denali, Escalade LIFT GATE Repl Frame Overlap Major Adj. Panel Add for Clear Coat Repl Glass GM, tinted w/rear wiper w/rear defogger Repl Wiper arm Repl Blade QUARTER PANEL Repl LT Applique w/end gate Rpr LT QUARTER INNER CORNER RIENF. Subl TAPESTRIPE WINDSHIELD Rep1 Glass GM tinted 12 1 32.25 Incl. 13 14 15 16 17 18 19 20 21 22% 239 24 25 26% 279 289 29% COVER CAR COLOR MATCH COLOR SAND AND BUFF _ HAZARDOUS WASTE Subtotals ==> 1 230.86 3.5 1 655.63 Incl. 1 23.72 0.3 1 17.00 0.1 1 39.27 0.3 3.0 1 35.00 X 1 389.14 3.5 1 10.00 X 0.5 1 X 1.0 1 1.0 1 5.00 X PAINT 1.8 -0.4 0.3 0.5 2335.59 18.3 7.1 Parts Body Labor Paint Labor Paint Supplies Sublet/Misc. 2285.59 18.3 hrs @ $ 34.00/hr 622.20 7.1 hrs @ $ 34.00/hr 241.40 7.1 hrs @ $ 24.00/hr 170.40 50.00 $ 3369.59 $ 2455.99 @ 7.7500% 190.34 $ 3559.93 SUBTOTAL Sales Tax GRAND TOTAL ADJUSTMENTS: Deductible CUSTOMER PAY INSURANCE PAY 0.00 $ 0.00 $ 3559.93 12/31/2002 at 03:44 PM Job Number: 28016 PRELIMINARY ESTIMATE 1995 CHEV TAHOE 4X4 8-5.7L-FI 4D UTV Int: 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=TA×ED 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 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. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide DR1GC92 Database Date 7/2002 and the Rarts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. 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. Non-Original Equipment Manufacturer aftermarket parts are described as AM or_Qual Repl Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided from National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. Pathways - A product of CCC Information Services Inc.