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Home My WebLink About07 CLAIM #03-32 11-17-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: NOVEMBER 17, 2003 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY CONSIDERATION OF CLAIM OF LINDA WEUSTE; CLAIM NO. 03-32 SUMMARY: Claimant alleges that while traveling on Jamboree, heading from the City of Irvine toward the City of Tustin, a road work sign was lying fiat in the traffic lane and it damaged her right rear tire. Our investigation reveals no dangerous condition of public property. This appears to have been an accident that the claimant could have easily avoided. The City has contracted with International Pavement Solutions, Inc. for the Annual Street Repair Program and they may have performed the work that allegedly caused the damage to the claimant vehicle. The Agreement between the City and International Pavement Solutions includes indemnification and requires the City to be named as an additional insured. This claim has been tendered to International Pavement Solutions, Inc. RECOMMENDATION: After investigation and review by this office and the City's Claims Administrator, 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 LOIS E. JEFFRE'~J LEJ/blw Enclosures cc: William A. Huston, City Manager 0CT-09-2003 13:45 CITY OE TUSTIN ?14 832 6382 P.02 Office of the City Clerk October 9, 2003 Alex Barrios Ward North America, Inc. P.O, Box 2422 Tustin, CA 92781-2422 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 Re: Transmittal of Document(s) Claimant :Linda Weuste City Claim No: 03-32 Filed With City: 10/9/03 X Receipt of Claim/Summons/Complaint By: In Person The enclosed records were presented to this office es 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 carder(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 advJce 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 October 9, 2003 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, Marcia Brown City Clerk's Office C: City Attorney Department Finance Department (orig copies) 0CT-09-2033 13:46 CITY OF TUSTIN 714 832 6382 P.03 CITY OF TUSTIN RECEIPT OF CLAIM Date: Time: By: Receipt of Claim/Summons and Complaint by the City Clerk's Office: _ Personal Service Upon the Undersigned Regular Mail Certified/Registered Mail City Clerk's Office 0CT-09-~00~ :).3:46 CITY OF TUSTIN ?i4 832 6:)82 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 ~ublic 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 ~ 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: a. Name of Claimant: L~t b. Address of Claimant: c. Cily/ZipCode: d.. Telephone Number. e. Date of Birth: '~ f. Social Security Number: g. Ddver License Number: Name, telephone, and post office address to Which claimant desires notices to be sent (if other than above): .'%~l, Yl¢ ..... 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: Occurrence or event from which the claim arises: a. Date: b. Time: c. Place (Exact and Specific Location): ~:3~1~'-~'~-~-- ~ ~' -t-~2~ ~ r~ m° $.-~..~ How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional .! 0CT-09-2003 13:46 CITY OF TUSTIN 714 832 6382 P.05 paperif.necessary.. ~l~ LL~ ~I~3E,~Z. ~~, ~ ~. ~ ~16~ ~,,(t~ the . e. What paKic~Efac[~on Dy Ci~, or its employees, caused the alleged damage or inju~ Give a description of the injury, property damage or loss so far known at the tim.e of this claim. If there were no injuries, state "no injuries". Give the name(s) of the City employee(s) causing the damage or Jnjury 7. Name and address of any other person injured: - Name and address of the owner of a.ny damaged property: ~.~ ~ u.~-~.-t-~.. ? Damages Claimed: ._ a. Amount claimed as of this date: '~.~/q.. b. Estimated amount of future costs: -- c. Total amount claimed: d. Attach basis for computation of amounts claimed (include copies of all bills, Invoices, estimates, etc.) 10. Names and addresses of all witnesses, hospitals, doctors, etc. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FAL,.~E (~LAIM (Penal Code Section 72; Insurance Code Section 556.0) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated to be upon information or belief and as to such matters I believe the same to be true. I_~.qp.~ under penalty of perjury that the foregoing is true and correct. Claimant's Signature: Executed this ~w day of (~C::~rDVoC_.~I"--- ,20 Q-~'~ . Date filed this °i~" day of ~C--~IoC_..4;) , 20 0"~. 2;CLAIM (1/00) OCT-O9-2E~I3 13:47 CITY OF TLY~TIN 714 832 6382 P.06 JUST T~[RES 3097 EDI,Ng~ER AVE #E TUGTIN, CA 92780 (949)262-0616, ~ ~ ~179339, I.D. ~000160883 ~E~ T~ ~ 340253240 07:0[ ~ 07:24 ~M ~: 8664 P~E: '01 N~SIG: 909664 BILL TO= GREG WEUBT~ PHONE 1 ....... ( PHON~ 2 ....... DATE P. EQU~S'~'~ 09/15/03 TIME REQUESTED ~'ru~N PA~TS.. TBS -~AL~$MAN ...... 022 / 022 V~HFZA~/MAKE. 02 RMW VEHICLE MODEL. 32sltllslixlxi/Ci VEHICLE COLOR. BLUE LICENSE/STA. TE. ODOM~TR IN/OUT 0212S0 / 21250 PRIOR INVOICE. 090105 ACCOUNT # COB TC CLL.CTi~ TYPE/STATE NJ'rHOR[ZATION CREDIT CARD riO. 866400005 H 0! 16620 0 CA 379L47 6988 SLSH TECH PRDOUCT COON BC OTY DESCRIPTION CORE P~RTS LBR/EXCISE LINE TOTAL 022H 347-000-170-0 M I MICHELIN PILOT MX~ HX P225/45RI7 9iW 204.00 .00 204.00 022 062 04~-263 R 1 NEW VALVE STEM 2.95 .00 2.95 022 062 044-663 R [ C0HP ~IEEL 8N~NCE 2.50 7.~5 9.9S 022 022 046-100 R 1 DECLINED ROAD HAZARD PROTECTION .00 .00 .0§ THANK YOU FOR CHOOSING OUST TIRES. WE APPRECIATE YOUR BUSINESS PLEASE TELL YOUR FRIENDS. OUR 30 MINUTE G~E DOES NOT ~PLY WHEN SERVICES OTHER THA~ TIRE INSTALATION PERFO~ED · ALIONM~I~T PROBLEMS MUST ~E P. EPORTED WITHIN 48 HOUR9 UNOERSTANO THAT ALL CUSTOH W~EL LU~ NUTS HUST BE RE-TORQUED AFTER 25 MILES nO CHECKED PERIODICALLY. ZF YOU ARE NOT lO0 . SAT SF Em. CA t2 JOHN VANG. THE STORE MANAGER__ AT (949)262-0616 PARTS TOTAL ........ CHARGED AHOUNT 234.13 LABO~ TOTAL ........ CUST~ER AUTHORIZATI~ FOR TOT~ SEE REVERSE WARN T NG Z09,45 7.45 S~TE TIRE FEE 1.00 SUB TOTAL .......... ~6.90 TAXABLE AHOU~ 209.45 [NVOZ CE TOTAL sZ E S ETY AND WARRANTY [NFORMATZON Unbeatable orlce~ CITY OF TUSTIN 714 B~2 6~82 P.O? OCT-~2~3 CITY OF TUSTIN 714 832 6382 P.08 OCT-B9-~B3 13:48 CITY OF TUSTIN 714 832 6382 P.09 TOTAL P.09