HomeMy WebLinkAboutCC 12 CLAIM #94-35 11-07-94 NO. 12
11-7-94
I n t e r- C o m
)ATE:
October 24, 1994
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
CLAIMA/~TS= DAVID & KATHLEEN RIZZOTTO; CLAIM
D/L= 2/28/94; DATE FILED W/CITY= 8/29/94
NO= 94-35;
This matter involves an original claim filed on August 29,
1994 and an amended claim filed on September 6, 1994. The amended
claim was rejected by the City Council on October 3, 1994 and the
City Clerk gave notice of rejection of the claim on October 6,
1994. However, it was brought to my attention that the records of
the City Clerk reflect that no action was taken by the City Council
on the original August 29, 1994 claim.
In an effort to avoid future confusion in this matter, it is
recommended that the City Council reject the original claim and
that the City Clerk be directed to give proper notice of the
rejection of the claim to the claimants and to the claimants'
attorney.
Enclosures:
Copy of 8/29/94 claim
CC:
Carl Warren & Co.
Finance Director
City Manager
C,i f ~ce of %he
R[£F..IPT OF CLAIH
CLAIM NO.
A L C NO.
Pet. NO.,
S & C NO.
THE ATTACHED DOCUMENT WAS RECEIVED ON:
Date: og''- ~ -','i9'~ ; Time':
.It
BY:
Personal service upon the undersigned
Regular Mail
Certified/Registered Mail ..
Signature
Valerie whiteman
Print Name
Chief Deputy City
Position
Clerk
copy on ~- 51 -~4
to the' following:
Carl Warren & Company
City Attorney
Department Head
Finance Department
Form A - Receipt
5/13/88
TO: CITY OF TUSTIN
CLAIM FOR MONEY OR DAMAGES
NAME A_ND ADDRESS OF CLAIMANTS:
David Rizzotto and Kathleen Rizzotto
EXACT DATE A/FD HOUR DAMAGE OR INJOKY OCCURRED:
February 28, 1993, at approximately 4:06 a.m.
WHERE DAMAGE OR INJURY OCCURRED:
Intersection of Enderle Center Drive and Vandenberg Lane,
City of Tustin, County of Orange, California.
in the
WHAT PARTICULAR ACT OR OMISSION ON THE PART OF COU1TTY OFFICERS OR
COUNTY EMPLOYEES CA~SEDTHE INJURY OR DAMAGE? (GIVE EXACT DETAILS).
The City of Tustin failed to construct appropriate protective
barriers in front of the Rizzotto's residence despite warnings of
a previous .accident and a request by the Park Tustin Homeowners
Association thereafter made to the City of Tustin to erect the
appropriate protective barriers.
WHAT DAMAGE OR IN0uKIES DO YOU CLAIM RESDT~TED?
As a result of the City's failure to erect protective barriers on
February 28, 1994, a driver crashed into the Claimants' wall
causing extensive property damage and severe emotional distress.
Page 1 of 2
W~AT SUM DO YOU CLAIM FOR EACH ITEM OF IN~uKY OR DAMAGE:
(Show basis of computation of the az~ou~t claimed, such as the date
an item was purchased, a~ou~t of medical bills, etc.)
Claimant estimates general damages at approximately $100,000.00 and
special damages, to date, as follows:
Dr. Kathe Kerr $630.00
NAMES AND ADDRESSES OF WITNESSES, DOCTORS, AArD HOSPITALS:
2.
3. City of Tustin Police Officer silkeo,
I swear or affi~-m that the foregoing is
penalty of perjury.
Executed at Tustin, California, this 24th
Kathe Kerr, Ph.D., 275 Centennial Way, ~100, Tustin, CA 92680
John Michael McGillivray,
Badge no. 929
true and correct under
__ day of Auqust, 1994.
CLAIF~tNT
C}UtRLES A. MI/RR3%Y, ESQ.
Attorney for Claimants
DAVID & KATHLEEN RIZZOTTO
NOTICE:
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for
allowance or for payment to any state board officer, or to any
county, city, or district board or officer, authorized to
allow or pay the saxne if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable
either by imprisonment in the county jail for a period of not
more than one year, by a fine of not exceeding one thousand
dollars ($1,000), or by both such imprisonment and fine, or by
imprisonment in the state prison for a period of not more than
five years, by a fine of not exceeding ten thousand dollars
($10,000.00), or by both such imprisozunent and fine."