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Home My WebLink About12 CLAIM #03-29 10-20-03-O MEETING DATE: AGENDA REPORT OCTOBER 20, 2003 Agenda Item Reviewed: City Manager Finance Director bi TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: CONSIDERATION OF CLAIM OF CLAUDIA JENKINS; CLAIM NO. 03-29 SUMMARY: Claimant is alleging approximately $130 in damages because her tire was damaged by a bolt on the on-ramp to the 5 Freeway South from the 55 Freeway going west. This accident does not appear to have occurred within the boundaries of the City of Tustin, but even if it did, it does not appear there was any dangerous condition of public property for which the City had notice, The City's Claims Administrator has sent a letter to the claimant noting that the area where the incident occurred is the responsibility of the California Department of Transportation. RECOMMENDATION: After investigation and review by this office, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. ATTACHMENT: Copy of the Claim LEJ/blw Enclosures cc: William A. Huston, City Manager 175610.1 SEP-22-2003 15:22 Office of the City Clerk September 22, 2003 Alex Barrios Ward North America, Inc. P.O. Box 2422 Tustin, CA 92781-2422 City of Tustin 300 Centennia{Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 Re' Transmittal of Document(s) Claimant :Claudia M. Jenkins City Claim No: 03-29 Filed With City: 9122/03 X Receipt of Claim/Summons/Complaint By: Regular Mail 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 ail 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 September 22, 2003 to the'City Attorney and Department Head, and the original was forwarded to the Finance Department, Sincerely, Marcia Brown City Clerk's Office Enc~r, ures: (~ C: City Attorney Department Finance Department (orig copies) 15:23 CITY OF TL~TIN 'rz~ ~,>~ ) CITYOF 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 slxf6 mo__qc2bs after th, e incident or event occurred. Be sure your claim is against the City of Tustin, net anothe public entity. Where'space is insufficient, please use additional paper and' identify information b: paragraph number. Completed claims must be mailed or delivered to.the City Clerk, City of Tustin, 301 · 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 persol and/or property: 1. a. Name of Claimant: b. Address of Claimant: c. Ci[y/zipCode: d.. Telephone Number. e. Date of Birth: '%, f. Social Security Number: ,~ ~ · ~¢¢)% .. g. Driver License Number:. ~ .~'~ ~ . - Name, telephone, and post office address to v~hich claimant desires notices to be sent (if other that above): t~;- This claim is submitted against: a. X The City.of Tustin only. b. ~ The following employee(s) of the City of Tustin only: The City of Tustin and the following employee(s) of the City of Tustin only: o Occurrence or ev. ent from which the claim arises: a. Date: ~\2...'~ .~-.~o~1.1¢~8.~ O,~JrCCf3bj"w"x b. Time: L3 c. Place (Exact and Specific Location): ~ ¢....~,~,', d. How and under what circumstances did damage or injury occur? Specify the particular1 occurrence, event, act or omission you claim caused the injury or damage (use additional / 1 $EP-2~-2003 15:3'.'~ (~ITY OD lULl iN , e. Wha~ pn~iculnr n~ion by th~ Oil, ~ Rs ~mploy~s,~caus~ the ~l]e~d dnma~ or Inju.~ 5. Give n desc6ption of the inju~, pmpe~ damage or loss so fnr known at the tim~ of this alaim. tM~m w e no injuries, s~te "no injuri.s". _ 6. Give th~ nnm~(s) of the City employ.~(s) ~auaing the damage or injo~: 7. Name and address of any other person injured: Name and address of the owner43f any damaged property: g. Damages Claimed: a. 10. Amount claimed as of this date: 5~1~O ' ~T~t0.'(J~. ~ Estimated amount of future costs: ..~ Total amount claimed: ' ~ ~ Attach basis for computation of amounts claimed (include copies of all bills, estimates, etc.) N-a, mes and addresses qf all witnesses, hospitals, doctors, etc. · WARNING: IT IS A CRIMINAL OFFENSE "[:O FILE A FALSE ~LAIM (Penal Code Section 72; Insurance Code Section 556.0) 1 have read the matters and statements made in the above claim and I knov~ the same to be true of r~ own knowledge, except as to those maffers stated to be upon information or belief and as to such matters I:)elieve the same ,o be perjury that the foregoing is true and c°rrect Executed this [r~ day of '<-~.~ ,200'~ . Date filed this day of , 20 . 2:CLAJM(ll00) SEP-22-2003 15:24 CITY OF TU~TIN ORDERTRAC~NG I SHOP~NaCART I W18HUST I MYACCOUI tN~lyTheTImRIck { (Wlnfo' I IlsM, Mkdfo~ I Umlngmr~alte WAREHOUSE SEU~L'Ta::~ This order will be shtpp~l from: Reno, Nevada QTY. Size sad De~lptlon 2~5/55HR16 Michelin Energy M)G/4 Plus I 91eck'wMi Availability in Stock Pdce Each $120.00 Item Total $120.00 Shipping Options from Reno, Nevada (Select One) ~ UPS GROUND O FEDEX ECONOMY 2 DAY DEL. O FEDEX 3 DAY EXPRESS SAVER $13,79 $14.01 $13,35 ALL ORDERS: Moat in-etoc~ orders leave our warehouse ~dthin 24-46 hours, FEDEX ECONOMY & SELECT: Signature required for delivery. AddJfional shipl~ng day required fei' shipments to ~aska end Hawaii. DEMVERY TIMES: Esl~mated shipp[ngtimes are given in busine~ days. UPS GROUND: See mae for UPS ~hlD~ina §mee to ¥o_.ur_..a.~ SATURDAY DEEVERY: FedEx and UPS do not include Saturday or Sunday in calculating shipping time. Saturday deSvery available et an ed~ltie~al ~harge, Please call 888-541-1T771o place any order ~et will require Saturday delivery. Order Total (ba~od on eelected ship method) $133.79 Additional Fees and Taxi Tax: $¢ _F_:~-IM Tax: $( Stat~ Disposal Fund Fee: $( Grand Total: $133 Why The Tile I~¢k OMnrh~ Info Dewnloada Mere Info · I~ion ,~ · ~m R~ .~ SEP-22-2003 15:24 CITY DF TUSTIN r~ o~ 030,-' r'.,~r,'~o Tmns~,~on Detail Cu~tonler 5e~vlc~ ,~ '" DlsplJ~ 7rml~On · ~d I~qUNt *'dl, I I1~ ~ & At ~ ta, &lllmlld ,is, SEP-22-2~3 ~5:24 Claudia M. Jcu'tkins Picture of tire after 8/23/03 incident on the freeway. TOTRL P.08