The URL can be used to link to this page

Home My WebLink About08 CLAIM OF BERND NIEBERG 06-05-07Agenda Item ;y~-- ~ Reviewed: - ; ~---- City Manager 1 - ~ ~-~ Finance Directo MEETING DATE: JUNE 5, 2007 T0: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF BERND NIEBERG, CLAIM N0.07-02 SUMMARY: The Claimant reported he was traveling northbound in a bike lane on Jamboree Road and saw no construction or warning signs, but there was debris and two uncovered steel plates in his path. The Claimant stated his bicycle hit a rock and the cost to repair or replace the damaged tire, tube and rims was $880.43. RECOMMENDATION: That the City Council deny Claim Number 07-02, Bernd Nieberg, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: This incident has been investigated by the City's Claims Administrator and does not appear to be a case of liability as to the City of Tustin. At the time the damage occurred to the Claimant's bicycle, the construction work in the area was being. done by - or was at the direction of -the Irvine Ranch Water District. The Claim has been tendered to Irvine Ranch Water District on behalf of the City and Staff is recommending denial at this time. R Wald A. Nault Finance Director ATTACHMENT: Copy of Claim No. 07-02 ConsiderationOfClaimOfBerndNieberg. doc r~ AIM AGAINST THE CITY OF TUS~~ (For Damages to Person or Personal Property) Received Via: ^ U.S. Mail Inter-Office Mail Over the Counter ~. i .,; ~ Time Stamp.: :.. _. ~® PLEASE NOTE: ,~ :~, A. Read entire claim before filing. ~~ ~~: ~ ;-. B. Be sure your claim is against the Cam, of Tu=, not another public enti ~~ . a C. Claims for death, injury to person or to personal property must be ~d no later than 6 months after the occurrence 1 (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 Govemment Code of the State of California, by the claimant or a person acting on hislher 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: ~~ ~ ~',~,1 ~.; ~ i~ ~~ 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: Telephone: Post Office Address: 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. j 9 Time of Occurrence. / ~~ Date of Occurrence. ~ ~ Location: ~ ~~ ~ ~~ ' nces ivin rise to this claim: :~~'~ ~ ~ ~,~~~~ ,~~~ ~ . ~~ ~C~.-~- ,~ Circumsta .g g ~~ ~ ~~f ~ .. ,~ ~ _ ~~ ~~ ~~ ,.; ,-~~ , ,~ r 4. General descri tion of the indebtedn ss, obligation, injury, damage or loss incurred so far as you now know. ~~ ,.~ Page 1 of 4 ~.. ~ 1 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. 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 fu#ure 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: ~ t'" e < 7. 8. 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. ) ^ Limited Civil Case ^ Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the City of Tustin requests that you answer the following questions. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: . ~ .~ ~ 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.: Telephone: Address: Insurance Policy No.: Insurance BrokerlAgent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle MakelYear: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 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: .~ i • 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 comers. If CitylAgency Vehicle was involved, designate by letter "A" location of CitylAgency Vehicle when you first saw it, and by "B" location of yourself or your vehicle .when you first saw CURB CitylAgency Vehicle; location of CitylAgency vehicle at time of accident by uA-1" and location of yourself or your vehicle at the time of the accident by "B-1"and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK CURB ~, 7 SIDEWALK Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover all costs of defense in the event ac ' n is filed which is later determined not to have been brought in good faith and with reas~f~.li ble caul Signatu Date: / ~7 / ~~ Page 3 of 4 1 .~ - ^~^~ c3/, 9'/~ ~~, ~