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Home My WebLink About08 CLAIM #07-01 04-03-07 AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 8 MEETING DATE: APRil 3, 2007 FROM: WilliAM A. HUSTON, CITY MANAGER RONALD A. NAULT, FINANCE DIRECTOR CONSIDERATION OF CLAIM OF MADHUI OElERICH, CLAIM NO. 07-01 TO: SUBJECT: SUMMARY: The Claim states that on November 29, 2006, a branch fell from a City owned tree and caused damage to the Claimant's condominium and landscaping on the property. The amount requested for necessary repairs is $2,463.67. RECOMMENDATION: That the City Council deny Claim Number 07-01, Madhui Oelerich, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The investigation conducted by the City's Claims Administrator concluded that this is a claim of no liability against the City. The branch broke from a tree which is on a two to three year maintenance cycle and was last tr~mmed in November 2004. There had been no prior complaints or incidents involving this tree - heavy winds appear to have caused the limb to fall and this could not have been foreseen or prevented by the City. Staff is recommending denial based on the finding of no fault attributable to the City. ATTACHMENT: Copy of Claim No. 07-01 ConsiderationOfClaimOfMadhuiOelerich. doc DRC SERVICES GROUP P.O. Box 6909 Westlake Village, CA 91359 (800)-871-2183 01/25/07 CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN CA 92780 Re: Our File No. Claim No./Insured Date of Loss Account Balance 633193-5 1009334751 11/29/06 $ 2,463.67 In response to your request, please find attached documents that support the above-referenced claim in the sum of $2,463.67 Please review the documentation and contact our office at 1-800-871-2183 to discuss possible payment arrangement. Sincerely, DRC SERVICES Andrew Sanders Collections Representative * SE HABLA ESPANOL Ext. 304 RED1FPI100/REQTN THIS COMMUNICATION IS BEING SENT TO YOU BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .<"'""'\ 1 \ ~~h\ A}\ \..{)../ v/ ~ "- ~ '\i ) ~,- , J CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Time Stamp: Received Via: .J~1 U.S. Mail D Inter-Office Mail D Over the Counter Claim No: (), - 0 \ PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the Citv of Tustin, not another public entity. C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence (Government Code ~ 911.2). D. Claims for damages to real property must be filed no later than one year after the occurrence (Government Code ~ 911.2). E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on his behalf (Government Code ~ 910.2). G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims. H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780. 1. Name and Post Office address of the Claimant: Name of Claimant: \ ~G; ",-- Home Address: .~ ~ Home Telephone: ' ~ Work Telephone: 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: Post Office Address: . ~;,l\o.4 r:./H'j:'~ / /1 v ~ V"J 11_" .~ -.f l-A" \1i.~J> < V L It t .? ('1 t:. "'=- ,,/ .- Telephone: /~,+:~;J$ ,/1,/\ ,:7' 1?:)rr z U( ) ! I;>.;:}- {)t' ~?,~2 ~:~~"y .{ i' .:~) .' i ' ,f!' 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: Location: Circumstances giving rise to this claim: 4. General description of the ir)debt~dness, obligatiqn, injury, damage or loss incurred so far as you now know. ,:'? ~"f;}Y\'/'\~(.,/t/l, /!f:'-'+ V"'~~i~~/'(\ l5 ~ ("4/,." l,~'i;;"l_b;~"'-1,:~:7'f"(__' ,,1 i, t v/ ,~/)~.;cq':'f,< t ,? ", . "f ,::?,,/;(if~t ; ,<I ","j .' ," ,'>/.-'i );l/' . <:;"'t,,/f r t/<(- /'" 1 ~ r- " /t 4c -~.~. ./~->i ';:-' .f .! Page 1 of 4 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. 1\J ( A ' 6. 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 related 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 Claimed and basis for computation: .;r4 ,~/ i, ' -A" " -' "',!jl '/Y ,,," j ./} Ut1() Lt\.'l; "8 . ~.::;l-,_. "~I I If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case. A limited civil 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 sought is more than $25,000. (See CCP ~ 86.) D Limited Civil Case D Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code S910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the Ci of Tustin re uests that ou answer the followin uestions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: ~" df.'~ · ,,-.,; \ ! 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: t"j }(y ~ r ~ If applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Address: f,J(l:i( , Telephone: Insurance Policy No.: Insurance Broker/Agent: Address: fJ (\( Telephone: Claimant's Veh. Lic. No.: Claimant's Drivers Lic. No.: L. ,\,1 \f.\ t 0",j \/< Vehicle MakelYear: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 READ CAREFULLY For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City/Agency Vehicle; location of City/Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X. JI NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK CURB ~ CURB ..... PARKWAY SIDEWALK Warning: Presentation of a false claim is a felony (Penal Code 972). Pursuant to CCP 91038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: Page 3 of 4 IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION. SIGN BOTH FORMS. APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM TO THE CITY OF TUSTIN The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances, leave to present a late claim will be granted (Government Code 9 911.6). The reason for delay in presenting the claim is: Date Signature of Claimant Revised 12/2004 Page 4 of 4