HomeMy WebLinkAbout16 CLAIM #95-17 07-03-95I~Ol. ll~,'Xlgll WI, q.D~,~~F 8,, SPRADLIN
A V:}ROF~'S?MON~,/ COI::~[~O[~,~TION
NO. 16
7-3-95
MEMORANDUM
TO:
FROM'
DATE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
June 27, 1995
Claimant: Ehmsen, Ron, Jean & Erika; Claim No.' 95-17; D/L: 3/25/95;
Date Filed w/City: 5/15/95; Carl Warren File No.' S 84160 PRB
Recommendation:
After investigation and review it is recommended that the above-referenced claim be
rejected and the City Clerk be directed to give proper notice of the rejection to the claimant and
to the claimant's attorney.
Background:
This claim for $366.60 arose after claimant's vehicle was broken into while parked at the
Stevens Square Parking structure. The structure is not owned by the City, and there is no
evidence of negligence by the City. The claimants were notified that the parking structure is not
owned by the City, and were encouraged to submit their claim to their car insurance.
LoisE. Jeffrey ~'/~--~t~/
Enclosures: Copy of Claim and Correspondence
CC:
Carl Warren & Co.
Finance Director
City Manager
1100-00022
13453 1
--
City of Tustin
_~AIM AGAINST THE CITY OF ~_~TIN
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk ¢
the City of'Tustin within 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 92680
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
TO THE HONORABLE MAYOR AND CITY COUNCIL, City of ~ustin, California:
The undersigned respectfully submits the following claim and information
relative to damage to person and/or property:
1. a. NAME OF CLAIMANT:
b. ADDRESS OF CLAIMANT:
c. CITY/ZIP CODE:
d. TELEPHONE NO: ( -~
e. DATE OF BIRTH: !~-
f. SOCIAL SECURITY NO:
g. DRIVERS LICENSE NO:
2. Name, telephone and post office address to which claimant desires notice
to be sent (if other than above):
3. This cla~ is submitted against:
a. v/ The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
Ce
The. City of Tustin' and the following employee(s) of the City
of Tustin only:
4. Occurrence or event from which the claim arises:
a. DATE: 0%6t~C~%~ ~_~ ~ q c] ~
c. PLACE (Exact and specific location): ¢~ ~i'~l~ ;O~O~~~~,
d. HOW ahd under what circumstanc~k did damage 0V injury occur? Specify
the particular occurrence, event, act or omission you claim caused
the injury or damage (Use additional paper if necessa~):
e. WHAT particul~-_._action by the City, or i .... employees, caused the
alleged .dam, age or injury?
5. Give a descriptio~ of the inju~, prope~y damage oe loss so far ~o~ at~,~
the time of this claim. - If ~ere were no injuries, state "no injuries".
6. Give the name(s) of the City employee(s) causing the damage or injury:
no~ o._10pi,'COJO ~
7. Name and address of any other person injured:
c piot co Jo 1¢._
8. Name and address of the owner or any damaged property:
9. Damages claimed:
a. Amount claimed as of the date: ~.~,
b. Estimated amount of future costs: non~
c. Total amount claimed:
d. Attach basis for computation of amounts claimed (include copies of
all bills, invoices, estimates, etc.~
10. Names and addresses of all 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 or perjury that the foregoing is TRUE AND
CORRECT.
Vltc~ ~~,
Executed thisilday of ~V ,19 ~S, at~, California.
DATE FILED
CLAIMANT '
BI - CLFORM
Revised 4/29/91
May 8, 1995
Mr. Ron Nault
Finance Director
City of Tustin
300 Cemennial Way
Tustin, CA 9268O
Dear Mr. Nault:
Enclosed please find_ a copy of our ori~n~a~J letter to Ms. Shingleton, a copy of Beverly White% letter and
subse~nt ~ a oopy of Ms. Shinglet°n,s letter to us, as well as copies of available receipts showing the cost of
items lost in the March 25th break-in an4 rob~ of our va~
Shingtemn's letter, he exp~ to us !h~t_ the Ci~ of Tustin is responsrole for the top level of the Steven's Square
Parki~ Stmmut. The Steven's Sqtme Associat~ ceded ~t portion of the paddng lot to Tustin's
Rede-~lopment Agency in return for city redevelopment fimds used to upgrade the paddng ~e.
In addition to our earlier stated losses, we discovered while pacing for an Easter trip to the Northwest that my
wife's raincoat a Misty Harbor coat from Nordstroms ($21.50 with tax) was also stolen. Also, the theft report noted
the stolen ashtray (I checked with Selman Chevrolet's parts ~t and GMC Safari ashtray is $35.65 with
tax). We are uncertain how much change was in the astUray, bm we are guessing about $7.00.
Therefore, the updated list of stolen items follows:
Broken GMC safari passenger wind_ow..
Eddie Bauer wool jacket $86.20
REI Columbia men's rainjacket..$24.69
Misty Haflx~ Women's raincoat $2 LS0
Ashtray with change $35.65 plus $7.00
White Storage crate $6
travel chess game $}4.50
Toucan playing cards from Santo Aha Zoo, $6
two large format paperba~ {The Shipping News & Dakotas) $25
two standard size paperbacks $12
1995 Entertainment Guide, $45
suntan lotion, $7
Our losses total $366.60. Since you included m'o claim forms, we sero the second one to Miss Ann Hsu, who lost
everything in the robbery that she brought home from college for spring break. She will be contacting you
semrate~y.
We look fomard to hearing from you
Sincerely,
Mr. & Mrs. R.J. Ehmsen
cc: Ms. Christine Shingleton, Mr. Rick Zimmer
April 4, 1995
Ms. Ctmstine Stanglexon
Director CDD and .Assistant City Manager
City of Tustin
300 Centennial Way
Tusthx, Ca 92680
Dear Ms. Shinglelon:
04-12-95A01:3£ RCVD
We believe thc City of Tustin is liable for the losses we inctm-ed where om' van was broken into 8n4 robbcd
between 6:15 and 8 P-m--oa ~e~--trday, March 25th, while ~ on thc top lcvel of tl~ Stm, em Pafldng
respo~ing police ~, Mr. Parlor 739, assigned us a repon number, 95-02656, and subsequeally, a
and we have no complaints about the manner in which he treatcd us.
It is, however, aplmreni from com,ersafions we had_ with the pohce ~fricer at the scene, th.a, our daughter
had with a Rutabego= employee aM that Mrs. Ehmsen had with Tustin employee Rick ?Jmmer, ~_ha! otlr
unforuu'nate experience is not the first ~ with th~ paili~L~cr~ city lot. ~ing on the actious you
take, however, we hope that it will be the last.
well ~ by people in a lx~doa to cbangc ~ A Rrna Cmlgol~ told our ~ that ~ have
~ "a few" problems at tl~ S~ lot. Mr. Zimmcr, whom M13. Ehm_~ spok~ to la~ ~ no,cd tha~_
drinking parties held oa the loc
More cti.swe~ngly, however, ~va'c the comments made by the police office, that the lot has been the site .
of "prostitution and drug use.' Yet with all this prior knowlege of prohten~ by Rt_,~s. by Mr. 7_Jrnm~l' arid
by thc Tustin Police ~cnt, no attcmpl was macl~ to/reprove the ling on the lot, no attempt was
made to post at:gna~ '_r~te warning signs, :ami no a._empt was m~u.~_, to improve secmity for restmuam
It is exlremety tq:t, eifing that this burglary oco. ured during the dinner hour as opposed to the wee hours of
thc morning, ff unknown indivi~ls are doing chugs, Ix~34ng sex, drinidng. ~ ~_valing in the heart of
Tustin's business district, it's nol hard to irna~,~__ ~ha~_ Tustin may be faced with even worse crimes i/they
do not take approl:w~___¢ steps to brighten and secure this parking Iol imme~.
As we stated earlier, since Tustm did not ~ctify a problem known to its staff and to its police ~t,
we believe the city should reimburse us for our losses, which include the following: passenger window,
$80.06; a new humor green Eddie Bauer wool jack~ $86; a new l~_~¢r green Ccdumbia men's ram
b~et. $35; a white c'rme (S6) filled with the following items: travel chess ~,~_.. S4.50; Toucan playing
cards from Santa Ama zoo,$6; t~x~ Large paperbacks ('Dakotas' & 'q'he Shipping News'). I;25; t~x~ sm.a,
paperbacks, $12; Etxtcanain~t 1995-96, $45; saturn lotion. $7; hand ~ $6.
la e~Lifion, wc I~[icvc 1~. Ann ~ shouJd be rcimbur~d for her losses, which she has specified in thc
nefioneJl¥ re. nk~ ~ arts ~
We hope the city will recognize its liability and take the a~es.sary stq~s to improve th: fighting at the
Stevens Park-inE SU'uau~ before anythhlg of a more serious nature oca~ at this location
Sim:a~ly,
MC. am:l Mrs. R~. Ehmsen
Miss Erika J. Ehmrcxl
cc: Mr. Rick Zimrn~_-r, Tustin Polic~ De~t.,~:mcm nmi_ Rumbegorz