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Home My WebLink AboutCC 16 CLAIM #90-49 01-21-91DATE: JANUARY 14, 1991 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY CONSENT CALENDAR NO. 16 1-21-9ff Inter - Com SUBJECT: CLAIMANT: RICHARD BETH; D/L: 11/5/90; DATE FILED W/CITY: 12/13/90; CLAIM NO: 90-49; CARL WARREN FILE NO: S64069 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. ME -S' G. ROURKE ty Attorney JGR:kbg(claim.frm) Enclosure: Copy of Claim w City of Tustin AGAINST THE CITY OF TUS1 (For Damages to Persons or Personal Property) law provides generally that a claim must be filed with the City Clerk of 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 INR 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: NAME OF CLAIMA ADDRESS OF CLA CITY/ZIP CODE: TELEPHONE NO: DATE OF BIRTH: SOCIAL SECURITY NO: DRIVERS LICENSE NO: 2. Name, telephone and post office address to which claimant desires notices to be sent (if other than above): 3. This claim is submitted against: a. X 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: 4. Occurrence or event from which the claim arises: a. DATE: b. TIME: �7 E� �'� E / _'c;� 7 _ELS A � C. PNCE ( Exact and specific location): d. HON and under what circumstances did damage or injury occur? Spec I fy the particular occurrence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary): I ' e. WHAT particular _ction by the City, or iL employees, caused the alleged damage or injury? -e ",-DQ` Le 5. Give a description of the injury, property damage or loss so far known at the time of this claim. If there were no injuries, state "no injuries". Gf jy�v �� i. �'"1 --axa n-� _ /�D r✓1'c -5,-Pe sc��l-C /.�✓�r,�r-�' n f r riT ,-� �� r� �i s' c�-�� 6. Give the name(s) of the City employee(s) causing the damage or injury: Xyz/-� 7. Name and address of any other person injured : ,-* /' 8. Name and address of the owner or any damaged property:�� %1st .,,Y 9. Damages claimed: a. Amount claimed as of the date: b. Estimated amount of future costs: �- c. Total amount claimed: d. Attach basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc. �. 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. Executed this day of �,��-`�li'� , 19�/'(Uat Tustin, California. r`- -� G DATE FILED: I,ATMANTS SIGY4ATURE Bl : CLFORM Devised 10/23/90 AdOO 3010ANI coo cl: o so LU < ui a -17 T -3�z 0 --! - r z < Fr < W wz w LJ LLJ 0 IL (r c)0 o F- CC z cr LL, 0:) i —j cc X < —i z U)< 0 CO cn w cc 0 0 (1)Q 0 n— 0 < j< fL ma co < -i U) (1) 0 < (1) C) C) 0 0 0 CD (I > Xv 0 < cz 0 0, o E 00 0 co Ow CC (1) to 0 0 3-5 cc (n a: LO t!\) 0 W o 0 cn cr E ,R�0 0 0 c 0 Z 0 o -0 LJ Q a- w CC -E >, -.;_- C) 0 ca LU Q) -q -2 �i �k 0 0 E C CL C 0 0 z < < 0. , LIJ cr U) c: . a: CD 01 0 0 0) :t -,c - 0 cnw a) a: < U) wC- Wa) cn z > 0 a) (D Z Cc C) E a) w 0 -Z QD >, U) - cd C).Y.= C) x JC) (a c: z w 0 U) C\I Z CY) in I- t= 0 a) < 0 U > C) Cl V 0 0 J sE T — cc 0 0 -i 0 LL Ww ❑ 11 El ZQ Lu Z ce) < cc: C\I z < uj z w uj 0 C) UO) w w LL z (1) C) C L 0 85 > U) U) 0 < C) m w U) LL 0 < C) Q- 0 zC) w U) cc z z W 0 CL w a_ z < ri cr- 0 LL, Li.j w T C-? w 3: rLLJ co� at or zo< co w >- — < 2 0 mr W UJ Ir ::- C) < coo cl: o so LU < ui a -17 :ONSOLIDATION REPORT T? 'IN POLICE DEPARTMENT ❑ N/A s00 CENTENNIAL WAY ❑ INFO -1 l RIME REPORT — - - _ _ -- _ ❑ INV. K,1NCIDENT REPORTI uJ I IIv, �.h �cvov (714) 544-5424 1 RD 2 BEAT 3 OR NUMBER ] SUPPLEMENTAL REPORT Ncic/cll G0302200 CONSOLP NTPO 120P1 Rev. 4/90 MAKE I IS / D ORI / 1 (A) CODE SECTION/DESCRIPTION (B) INCIDENT TYPE (DESCRIBE) `5SYIC:TIW55PHKSICA G::CON01TlON ' 5 OATE/TIMEREPORTED /iO3-90 6 OCCURRED FROM / o S 7 DAY Moi/ 6 TIME 9�v I LOCATION CITY STATE ZIP T'"c__�oR % 14-7 L E �A r of 7v Sr 10 OCCURRED TO 11 DAY 12 TIME CODE: V - VICTIM W - WITNESS R - REPORTING PARTY P - PARENT SB - SUBJECT PS - POSSIBLE SUSPECT 3COOE 14 NLME (LAST, FIRST, MIDDLE)/FIRM NAME 15 008 6SEX 17RACE 18 HT 19 WT OHAI 21EYES GC 13959 43 RESIDENCE PHONE ( ) -// t5 OCCUPATION 47 DAYS OFF ( 48 WORK HRS 49 OPERATOR'S LIC NO/STATE v SES ..,.. 5:I:PQINT OF ENTRY... __. ,.. ..5.Z_.METHOD. OF, ENTRY.........,,.,. 53 VEHICLE,ENTRY... 54 PROPERTY ATTACKED S SEX CRfMES 5b SUISPECT>ACT.IONS:. 5t:.sUSPECiS:P?Rt lENU$ TO;i 58:ViCT1NS!PROFILE::'> `5SYIC:TIW55PHKSICA G::CON01TlON ' :3 PROPERTY CODES: L - LOST S - STOLEN 72 EVIDENCE 08TAINEO: 61 STOLEN PROPERTY TYPE: A - CURRENCY/NOTES E - OFFICE EQUIPMENT H - HOUSEHOLD GOODS 8 - JEWELRY/PRECIOUS METALS F - TV/RADIO/CAMERAS 1 - CONSUMABLE GOODS C - CLOTHING/FURS G - FIREARMS J - LIVESTOCK K - MISCELLANEOUS (INCLUDES BICYCLES. AUTO PARTS, ETC. .COE TYPE ITEM 2 QTY MAKE. MOOEL..ARTICLE NAME, SERIAL NUMBER, MISCELLANEOUS DESCRIPTION APS VALUE '.3 /v 77,J Z PHOTOS [j 4 0 9. SEMEN ❑ 2. OTHER PRINTS 15 4. VEHICLE ❑ 6. HAIR ❑ 8. BL000 :a A FOLLOW-UP REQUIRED: 75 SUPERVISOR AT SCENE: (RANK, NAME & 10 NO.) :7 76 ADVISED RE: GC 13959 0 :9 (VICTIM OF VIOLENT r ME1 [� YES NO N PERFORMING CSI 6 10 NO. 72 EVIDENCE 08TAINEO: [] I. FINGERPRINTS [] 3. WEAPON/TOOL ❑ 5. PHOTOS [j 7. STAINS 0 9. SEMEN ❑ 2. OTHER PRINTS L� 4. VEHICLE ❑ 6. HAIR ❑ 8. BL000 ❑ 10.OTHER A FOLLOW-UP REQUIRED: 75 SUPERVISOR AT SCENE: (RANK, NAME & 10 NO.) 76 ADVISED RE: GC 13959 (VICTIM OF VIOLENT r ME1 [� YES NO E]YES N REPORTING OFFICER/10 NO 79 DATE 80 WATCH 81 DIVISION 82 APPR /10 N 73 DOLLAR LOSS 77 AMOUNT RECOVERED 83 DATE Tustin Police Department Continuation Report * Page 2 * DR # 90-08131 INCIDENT REPORT DAMAGE TO VEHICLE TIRES On 11-05-90 at approximately 1930 hours, R/P Richard Beth contacted me via telephone at Tustin Police Department. Mr. Beth was inquiring as to who was responsible for the water covers along Jamboree Blvd between Irvine Blvd and Santiago Canyon Road in Orange. Mr. Beth stated he had contacted the Sheriff's Department and the California Highway Patrol and had got no cooperation from them. Mr.. Beth further stated that he was N/B on Jamboree when his left rear tire was flattened when he drove over a water cover hole that did not have the cover on it. I advised Mr. Beth I was not sure if it was in the City -of Tustin or the City of Orange but I would take a drive to the location in an attempt to determine exactly where it occurred. At approximately 1945 hours on Jamboree Road about 1/2 mile north of Tustin Ranch Road, I located Mr..Beth who was standing next to the side of the road with his car. Mr. Beth showed me where the water cover had been in the roadway and I noticed there was no cover on top of a hole that was approximately 7 1/2 to 8 inches in diameter. Mr. Beth then showed me the cover he had picked up after his car had run over the hole. I noticed the underside of it had five protruding cast iron pieces that helped hold it into the hole and one of these pieces was broken off. Mr. Beth stated he had been N/B in the #2 lane at approximately 1900 hours when the incident occurred. Immediately after he had driven over where the cover should have been, his left rear tire blew out. I observed his tire which was a Continental brand 195/70 R14 blackwall. Mr. Beth also advised me at the same time two other cars, which were right behind his, ran over the hole and had flat tires from it. Mr. Beth gave me the name of a Jim Bell and a David, unknown last name, who is a student with a phone number of 528-9210. Mr. Beth stated he was going to find out who to report the incident to and then he was going to contact Bell and David and let them know what he was able to find out. I told Mr. Beth that I would look into the incident and re -contact him on 11-06-90 with information as to who he needed to contact. I advised him I would be documenting this incident for further reference. I noted the location of the cover was approximately 1/2 mile north of Tustin Ranch Road in the #2 lane. I further narrowed it down by finding light pole #4194620E, the cover was located 72 feet south of the light pole and 15 feet west of the east curb line of Jamboree Blvd. Tustin Police Department Continuation Report * Page 3 * DR # 90-08131 I returned to TPD and contacted the Irvine Water District as I had noted an IRWD around the circumference of the cover hole. I called 476-7500 and talked with a night supervisor, Richard. I advised Richard of what had taken place and he requested that I document same with an incident report. Richard said he would pick it up from TPD on 11-06-90 and would look into the incident from that point. I told Richard I had replaced the cover in the hole and it should not create any further hazard this evening and he assured me that on 11-06-90 he would have a crew go to the location and replace the cover and try to make it more permanent so it could not be removed.