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Home My WebLink About08 CLAIM #03-42 02-02-04AGENDA REPORT ~ Agenda Item --' Reviewed: City Manager Finance Director MEETING DATE: FEBRUARY 2, 2004 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY CONSIDERATION OF CLAIM OF ILZE LEMUS; CLAIM NO. 03-42 SUMMARY: Claimant alleges $1,085 in property damage to her vehicle due to a rock hitting and cracking her windshield. The claimant stated she was driving on Jamboree, heading towards Peters Canyon. She stated there was road construction in the area and the road was dirty with rocks, debris and dust. The City's investigation reveals no liability on the part of the City of Tustin. The construction work that allegedly caused the damage to the claimant's vehicle was performed by a private contractor, acting on behaff of the Irvine Ranch Water District. This information has been provided to the claimant. 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. JEFFREY/.) ~"~ ~ LEJ/blw Enclosures cc: William A. Huston, City Manager WARD STRATEGIC CLAIMS SOLUTIONS PRELIMINARY REPORT January 14, 2004 Woo&-uff, Spradlin & Smart 701 S. Parker Street Suite # 8000 Orange, CA 92868 Attn: Lois Jeffrey, City Attorney FILE NO.: 6561 083 A00184 CITY CLAIM NO: 0342 CLAIMANT: Ilze Lemus DATE OF EVENT: December 10, 2003 FILING DATE: December 22, 2003 PRINCIPAL: City of Tustin RECOMMENDED ACTION ON CLAIM: We have recommended under separate cover that the City send a standard rejection letter to the claimant. FACTS: Claimant stated that she was driving on Jamboree heading towards Peters Canyon (past Pioneer) when a rock hit and cracked her windshield. Claimant stated there was road construction in the area and the mad was dirty with rocks, debris and dust. POSSIBLE CO-DEFENDANTS: None known at this time EVALUATION: Our investigation reveals no liability on the City of Tustin. The construction work that allegedly caused the damage to the claimant's vehicle was performed by a private contractor L.T. Excavating on behalf of the Irvine Ranch Water District. According to Doug Anderson with the City, the Irvine Ranch Water District was only required to obtain a utility permit for this work, which they did. RESERVES: $1,200.00 TYPE OF CLAIM: GPD COMMENT/WORK TO BE COMPLETED: A letter has been sent to the City recommending that a standard rejection letter be sent to the claimant. Our file will remain open 60 days from the date of the City's rejection letter to the claimant. WARD NORTH AMERICA, INC. P.O. Box 2422, Tustin, CA 92780-2422 - TEL: (714) 544-0980 · FAX: (714) 544-1979 Very truly yours, WARD NORTH AMERICA, INC Kristie Swaim (714) 544-0980 Ext. 144 Email: kswaim@ward¢laims.com Cc: RonaldNault, Finance Director City of Tustin WARD STRATEGIC CLAIMS SOLUT;ONS January 13, 2004 Ilze Lemu/ ' Re: Our Principal City Claim Date of Event : City of Tustin : 6561 083 A00184 : December 10, 2003 Dear Ms. Lemus: Ward North America, Inc. is the claims administrator for the City of Tustin whose representatives have referred your claim to us for handling and investigation. Our investigation has revealed no liability on the City of Tustin. The work being performed in that area was done on behalf of the Irvine Ranch Water District. Therefore, you will be · receiving shortly in the mail a formal letter of denial fi-om the City of Tustin.' Very truly yours, WARD NORTH AMERICA, INC. Kristie Swaim (714) 544-0980 Ext. 144 Email: kswaim~wardclaims.com Cc: Lois Jeffrey, City Attorney Woodruff, Spradlin & Smart Ronald Nanlt, Finance Director City of Tustin WARD NORTH AMERICA, INC. P.O. Box 2422, Tustln, CA 92780-2422 - TEL: (714) 544-0980 · FAX: (7t4) 544-1979 Public Works / Engineering Janua~ 9,2004 City of Tustin 300 Centennial Way Tustin, CA 92780-3715 (714) 573-3150 FAX (714) 734-8991 Ms. Kdstie Swaim Ward North America 17862 E. Seventeenth ~te 111~"~.~-~ Tustin, CA 92780 ~ %'1RECEIVEDjAN 1 ,~ 2084 Subject: O~t~ Claim No. 03-44: Ilze Lemus Dear Ms. Swairl~ ~ WOODRUFF, SPRADLIN & Pursuant to your [~'~Lreauest ._(.attac~ed) regarding the noted claim, it has been determined that the construction work being done on Jamboree Road at the time of the incident was not by the City or a City Contractor. The work was being done by L.T. Excavating; Inc., 27601 Forbes Road, Suite #53, Laguna Hills, CA 92677. L.T. Excavating is under contract with and was performing the work on behalf of the Irvine Ranch Water District, who is installing a water line in Jamboree Road. The City of Tustin did issue a utility permit for this work and a copy has been attached for your use. Please contact Doug Anderson of my staff at (714) 573-3172 if you have any questions or need additional information. Sincerely, Dana R. Kasdan Engineering Services Manager Attachment: C: E-Mail correspondence dated December 29, 2003 Copy of City Utility Permit No, 3528U Tim D. Serlet Ron Nault Doug Anderson Chris Martin Lois Jeffrey, City Attorney S:~Doug & TrafficS004 doc~ments\Clalm No. 03-44 Ilze Lernus.doc Page 1 of 1 Anderson, Doug From: Sent: To: Cc: Nault, Ron Monday, December 29, 2003 11:01 AM Anderson, Doug Skaff, Teresa Subject: FVV: City Claim No. 03-44 / Ilze Lemus Hi Doug, here's another one. isn't this IRVVD or maybe the Fire Authority contractor? Please point Krisfie in the right direction. Thanks ..... Original Hessage---- From: Swaim, KrOne [maiEo:Kswaim@wardclaims.com] Sent: Honday, December 29, 2003 ZO:07 AH To: 'RNault@tustinca.org' Subject: CiW Claim No. 03 {4 / Ilze Lemus Hi Ron. This is the incident wherein the claimant was driving on Jamboree heading towards Peters Canyon and just past Pioneer when a rock hit her windshield. Claimant stated that there was road construction in the area and rocks, debris and dust litter the road. Please advise if the City had a contractor working in the area or a City crew. If a contractor, please forward a copy of the contract and additional insured endorsements. Thank you. Kristic Swaim Claims A~juster Ward North America (714) 544-0980 Ext. 144 kswaira~wardclairas.com ~ ~ PLEASE ~ PRINT ~ CITY OF TUSTIN PERMIT NO.: DEPT. OF PUBLIC WORKS ENGINEERING DIVISION PUBLIC RIGHT-OF-WAY .~NCROACHMENT , DRAWING NO.: ' ' ' . AND CONSTRUCTION PERMIT~ ·. ' : · 300 Centennial way Tustln, GA 92780 73-31.50 lust. t~ ~.one 5 '[rans~.~im~ Hai~ ah.mu east s:ide o~ ,~..~qb~,~ .... R~ad ~rOm · h~T. allar:ie~ ,ff at)Proximal:el'/ 3~7~0 LF n'F 1'~" ljlP (or C!~i[.&C)ste~l. ~)if]e) arid appu!'%enan(:es IrviF)? Re;)ch Jater Ui~h'ict .... t56) [) Sand (.i~)'~ol) L.T. ~:'cavF~(""/qfew' Keller 72318 {94g) 367-!94[ - · . O~.z.~ 2~5~2), FoPb~S Road, Su 769..3013-9'2, 565-3013--02~ 569-.30}3-LL: INSPECTION FEES 'IMPORTANT. DE~nlPTION OF WORK QUANTITY SOH~UCE ~EE AMOUNT Oall (714) 573-3150 - Engineering ~d,<;~<>~ ~C~,xq~,,L. /~x2.¢,~<~7~)~1 ~e'}~'~<.~S ~'~ '~= S~'t~ Divisi~ 48 hOurs prior to start of . ,,. work f~ in~tl~ No '. ~%~/~y ~.r~ /~ ~'/~ m~/r" 7~ Y~/~Ee s C'} ~ - s~~ alternate Fridays City is cl6~, u~less othe~i~ authorize. Read' '~" ,,. ~ ~ :~ ~" ~andard Provisions and Conditions " ~ ' ' ~ on reverse side an~or a~ached. ~ $ = S Southern Califomla'Edl~on' must be : notifi~ prior to workers a~dlor ~ $. = $ equipment ~erating within 6 feet, and cran~ or hoi~ing devic~ ~ S_ . S~ within 10 feet of overhead el~tric lines. ~tion 421~4217 of the ,, ~ S ~ = $ ~ernment C~e requir~ a Digalert Identfilcation Number be ~ s~ . $ : issu~ before a ~Pefmit to ~cavate' will be valid. For your' DigAlert I.D. 0 S =, S. number call Undqrground 'Se~ice Alert toll free at 1-800-422~4133 , ~ S" , = $ two working da~ before you dig. ~A~H WARD 8TRATE$1C CLAIMS SOLUTIONS December 29, 2003 Woodruff, Spradlin & Smart 701 S. Parker Street Suite #8000 Orange, CA 92868 Attn: Lois Jeffrey, City Attorney RECEIVED U[L; 3 0 7_003 WOODRUFF, SPRADLIN & SMART Principal : City of Tustin Claimant : Ilze Lemus Date of Event: December 10, 2003 Rec'd By City: December 22, 2003 Our File No. : 6561 083 A00184 City Claim No.: 0342 We have reviewed thc above-referenced claim and request that you take thc action indicated below: · TAKE NO ACTION: Defer any written response to the claimant pending our further advice. If you have any questions, please do not hesitate to contact thc undersigned. Very truly yours, WARD NORTH AMERICA, INC Kfistie Swaim (714) 544-0980 Ext. 144 kswaim~wardclaims.com cc: Ronald Nault, Director of Finance · City of Tustin WARD NORTH AMERICA, INC. P.O. Box 2422, Tustin, CA 92780-2422 - TEL: (714} 544-0980 - FAX: (714) 544-1979 WARD STRATEGIC CLAIMS SOLUTIONS December 29, 2003 Ilze Lemus ~ Re: Our Principal City Claim Date of Event RECEIVED D~L; 3 0 2003 WOODRUFF, SPRADLJN & S;~ART : City of Tustin : 6561 083 A00184 : December 10, 2003 Dear Ms. Lemus: Ward North America, Inc. is the claims administrator for the City of Tustin whose representatives have referred your claim to us for handling and investigation. As soon as our investigation has been completed, we will contact you again. Very truly yours, WARD NORTH AMERICA, INC. Kristie Swaim (714) 544-0980 Ext. 144 Email: kswaim(&,wardctaims.com Cc: Lois Jeffrey, City Attorney Woodruff, Spradlin & Smart Ronald Nault, Finance Director C!~y o f Tustin WARD NORTH AMERICA, INC. P.O. Box 2422. Tustin, CA 92780-2422 - TEL: (714) 544-0980 · FAX: (714) 544-1979 15:10 CITY OF TUSTIN 714 832 6382 P.03 Office of the City Cterk December 22, 2003 Alex Barrios Ward North America, Inc. P.O. Box 2422 Tustin, CA 92781-2422 City of Tustin 300 Centennial W~y Tustin, CA 92780 714,573.3026 FAX714.832.0825 Re: Transmittal of Document(s) Claimant : Ilze Lemus City Claim No: 03-42 Filed With City: 12/22/03 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 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 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 December 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 Enclosures: (~ above) C: City Attorney Department Finance Department (orig copies) DEC-22-2003 iS:ii CITY OF TUSTIN ?14 8J2 6382 P.I~4 CLAIM AGAINST THE CITY OF 'I'USTIN (For Oamages to Person or Personal Property) I~.e.Gelved Via: [~' U ,S. Mail [] inter-Office Mail RECEIVED DEC 2 2 2003 Time~t~'TY CLERK'S OFRCE Claim No: [] Over the Counter A claim must be presented, as ~3rescribed by the Government Code of the State of California, by the claimant or a acting on his/her behalf and shall provide the informa/Jon shown below, Be ~ur.e, your claim is against the not another public entity. Completed claims must be presented to the City of Tusfin, City Clerk's Office, 300 Centennial Way, Tustln, California 92780. 11 additional space is neecied to provide your information, please at~ach sheets, identifying the paragraph(s) being answered. 1, Name and Post Office address of the Claimant: Name ~ C,a~man~'. SI Zc ~_-m Post Office address to which the person presanting the claim deslres noUces to be 3, The date, place and other circumstances of the occurrence or transaction from which the claim arises. ' C~ms~ances, yin, r se [o. ~ c~.i~: ....................................... ' ' n f the indebtedness, obligation injury, damage or loss ncurred so Fat as you now know, , 5. The name or names of the public employee or employeeS causing the injury, damage, or Ioss...jf known. Page 1 of 3 DEC-~2-2003 15:11 CITY OF TUSTIN 914 832 ~382 P.05 If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of your claim, including the estimated amount of any rolated potential future injury, damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Clalmed and basis for compu.~~. ~"~J~-----~. ~~..~. [, ~) <~.-~, '""' tf amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not provide a dollar amount in the c/aim. However, your claim must indicate whether it would be a timlte{:l civil case. A limited cMt case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not exceed $25,000. An unlimited civil case is one in which the recovery soug~lt is more than $25.000. (See CCP § [] Limited Civil Case [] UnLimited Civil Case You are required to provide the Information requested above in order to comply with Government Cod~"l [§910. Additionally, in order to conduct a tlmely investigation and possible resolution of your claim, IClty of XX requests that you answer the followln~ ~]uestions. Name, address and telephone number of any witnesses to the occurrence or ~ansaction from which ~e claim arises: . . --. I ' , I If the clsim involves medical t~eatme~ for a claimed inju~, ple~e ~ide the name, addro~ and tel~one number of ~ny doctors or hospi~ts providing treatment: .. .............. If applicable, please altech any medical bills or repo~s or similar documents supporting your claim, if the claim relates to an automobile accident: ~l-~'~;~ ~ i~ ~ ,~CC/~:::~~'~ Claimant(s) Auto Ins, Co.: Address: Insurance Broker/Agent: Address: Telephone: Insurance Policy No.: T l ph'o.e: ....... Claimant's Veh. Lic. No.: Claimant's Drivers Lic. No.: Vehicle MakeJYear. Expiratlon: If eppficable, please attach any repair bills, e~imafes or similar documents supporting your claim. Page 2 o1' 3 DEC-22-2t~3 15:12 CITY OF TUSTIN ?14 8~2 6~82 P.t~ READ CAREFULLY For all accident claims, place on following diagram name of stzeets, includlng Noilh, East. South, and WeSt; indicate place accident by 'X' and by showing house numbers or distances tn street comers, if City/Agency Vehicle was. involved, designate by le~t~r 'A" location of City/Agency Vehicle when you first saw it, and by "B" I~cat~on of yourse{f or your veNole when you 8rst saw City/Agency ve~ic~e: location of City/Agency vehtcJa at time of acnldent by "A-l" and location of yourself or ,/our vehicle at the 6me of the accident by'a-l" and the point of Impact by NOTE: If diagrams below do not fit the sttu~on, attach hereto proper diag~rn signed by claimant CURB--.-~ SIDEWALK PARKWAY , SIDEWALK CURB'""& 'L Warning: Presentation of a false claim is a felony (Penal Co(lo §72}. Pursuant t~ CCP §1038, the City/Agency may seek to recover all costs of defense ~n the event an action is filed which is later deten'nined not t= have been brought in good faith and with reasonabte cause. Revise¢l 11.15-03 Page 3 of 3 CI~ C)I= TUSTIN m Infiniti Tustin 33 Auto Center Drive TuITin, CA 92782 Phone: 714832.6111 Fax: 714.832-0216 : .L, EMU$ m : m '. 714 ~,2 G3~2 P.O? · ' Cu~omer Page 1 List Page '!.j;' :" 34833. '.'.'*,- , ,, , , , , · pm. HASlE- * · ,-.6.'' .:: ~OAN CARS MUST mE R;'rum,~ wrm;N 1; ' ~m~* .I HOURS OF BEI~ ~TIRED ~AT YO~ ~H~CL; ~S CO~a O~ A CHAn~E O; ~SO.~ ~ DAY ~ X~ W~ A~[Y. 7,803 LEMU08 LEMUS RICHARD 008686 5/04./03 ' 0000 000 37765 12/16/03 12/16/03 . '::''.01 ADVISE' ON REPLACING WIflDSHEILD DUE TO ROCK DAMAGE 'i'~:"' ~:. , Tech ... Mt sc. Body'- IO00~. ,!i":.. · 17:00 Est.Amt C 1,078.B6 Customer *'-T~;C~/ils: COVCd Descripti,on Est-Time Est-Ami ~ C .. Customer ~ay 1.078.86 Customer ~:~:: ~ ~.'~. .... I Ha~rdo~ MmaHab ~p~al ~e= Se~r.c~,ntng haz~_~l~*~ ~ '~. ~ --~. ; ' ' , , ' ImperiaLs em subject ~ a sine ospoeel tee ~ · · ,, ~-'~.~-~, ~:~jd~l~em D~l~ime ·; AM1 ~erson ~nta~ted Person I ~doml and ~ate regula~ns. · "~, ~',.'~':';~,~; :" pMI hereby ,~ho~. ~?~""';'" .... ' -- . ' ~ ......... - 'ldo~e mmon~ with ~. ~c~=,~ ma~e~*~,n~' ~.=-,,l]~,~2~:t~:[ ,. ?' :"' ." =:' ~1 = , delays caused~ u~vaaabll~ ~~i:~jme~a~ I ha~ m~d and ~.g[qa ~o be ~und.~e I ~y ~ supplier, o~ ~:~:~ eo~k~ on t~ a~Cned In,nm LOan ~r ~mgmlempmyeeS ~ ' ' '. ~m at~sof~ult, lammsponmb~eto~ ~ or eleewna~ '~[~:21 ~e ~ ~e er older~' I IMPORTANT INFORM I ' " . DEC-22-20~ 15:13 CITY C~ TLISTIN ,..(~;;;~ I N ';'F' ~1 ' ' N I T I Infiniti Tustin 33 Arno Ge,~ter Drivel.:, ~ Tustin, :CA 92782 ~ /" Phon~ 714-832-61 i 1 ~A~AKT4~7?I EpAICA~91~I~ ' MR RICHARD F LEMUS o31?,.o3 L ..... e, ao [ 00868, 5/0~/~_ ......... ~ ..... : ....... ~'~ .... ~-~ ~ Yes~ ..... 12/16/0~ ~" 1~/'16/03 i7:00 . 1.2/16/~ ..I .. .. 01 ~V~SE ON R~P~C~NG ~NDSHE~LD DUE TO ROC~ RECOHE~D R[P~CING ~sc.~ody-~O001 No No Charge Custdaer ., Subl'et ~01 Name' · '.* Invoic~ Sub, et ' REP~R"SU~L~T. IHSTALL ~0 Cha~ge Customer HI~DSHEILD NEEDS REP~ACEO OUE TO' ROCK D~GC O'N DRZVE~ SIDE OF S~SS...FACTORY O/E REP~C~HT 5~SS IS"$8~5:~55.~US .... 5200.00 TO INSTALL & PROPERLY RESET & INSTALC ~/V & VIDIO' " · Totals A~ount . . · To~a~ ...... : No Charqe Customer Page 1 Las~ Page an incre~Sa m ~e ordinal e~ma~ed price. : ~s=a~ material ,ndagr~e ~hat ~u ~re no~ r~pon,ible ~o[.~ or .,~ .~,~.~ dela~r he Y g . w~ara for he ~u~sa TOTAL P.OB CITY D~ TU~TIN CITY OF TUSTIN FAX TRANSMITTAL DATE: TO: December 22~ 2003 Bambi Whitehead - Woodruff~ Spradlin, & Smart FAX NO: (7~14) 835-7787 FROM: Marcia Brown, Administrative Secretary FAX: (714)832-6382 Phone: (714)573-3026 Number of Pages (including this form)'.~ Attached is a claim that was received in our oflice today. Thank you. D~C-22--2~)03 15:10 CITY OF TUSTIN 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'.. Office