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Home My WebLink About09 CLAIM OF ANGELA MEEK 06-05-07Agenda Item 9 ~._. ~' Reviewed: ~~ ~ --~- City Manager . ~ n ,} t ;- ~~.~_ ~~ ~ ~ Finance Director '~ MEETING DATE: JUNE 5, 2007 T0: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF ANGELA MEEK, CLAIM N0.07-03 SUMMARY: The Claimant reported she was driving on Edinger Avenue in an area of road construction and her car's tire was punctured by a piece of the metal debris which had not been swept from the street. She submitted a request to be reimbursed for $151.70 to have the tire replaced. RECOMMENDATION: That the City Council deny Claim Number 07-03, Angela Meek, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator has found no liability on the part of the City of Tustin in this incident. The damage to the Claimant's vehicle occurred at a location on Edinger Avenue where FCI Constructors, Inc. was working on a street widening project for the City. The Claim has been tendered to FCI Constructors, Inc and Staff is recommending denial at this time. Ronald A. Nault Finance Director ATTACHMENT: Copy of Claim No. 07-03 ConsiderationOfClaimOfAngelaMeek, doc r .... ~ '~i ~ ~' .. . ~ ~w . .~.~ , ~T. I. .7~ ~~ '~T:',q , ~~. :.::.. T`y ..., ...~.. -~ D 3 ~~ ~ . g PLEASE NOTE: A. Read entire claim before filing. B. Be____sure_ your claim is against the City 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 (Govemment Code § 911.2}. D. Claims for damages to real property must be filed no later than one year after the occurrence (Govemment Code § 911.2). E. If additional space is .needed to provide your information, please .attach sheets, identifying the paragraphs} 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 (Govemment 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 attorne if I al advice is desired. No employee of the City may give legal advice to any claimant relating to private claims. y ~ ' t be mailed or delivered to the Ci of Tustin, City Cierk's Office, 300 Centennial Way, Tustin, H. Completed claims mus tY California 92780, . 1. Narne and Post Office address of the Claimant: Name of Claimant: j. L. CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) eceived Via: .S. Mail . ^ lnter-Office Mail ' y, ,' , .~~ r . , ., , ^ Over the Counter .~ Home Address: ~1 ~ Home Telephone• "'~ ~~ - ~'-}'~{ ~ - (~ Work Telephone: ~ 2. Post Office address to which the person presenting the claim desires notices #o be sent: ~If different from above) 3. 4. Name of Addressee: ~ ~, ~ Telephone: Post Office Address: The date, place and other circumstances of the occurrence or transaction from which the claim~arises. Date of Occurrence: ~ Location: ~%~r~; Tim~~ar~ipa F i L ~ T ~''~ ' ~ 4. _ r, ~ .. 8 ~ `~~ ~ -~ ~`i ~~i Cla o: Time of Occurrence: ~' ~~ Circumstances giving rise to this claim: ~ ~,~; ~`' -~j-~~,~ ~ ~ ~ ~;,r- ~~ ~c~~' C~'r1Gt ~ 1 ~ , ~ (YtU ~r~ t~~ r7 ~l,;f1C~t~ r ~r~ b U G~ ,~ f I ~ L~1 C~ ~ '~1C~ Page 1 of 4 General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. • ~ 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand 6. dollars ($10,000} as of the date of your claim, including the estimated amount of any related potential future injury, dams a or loss, insofar as it may be known as of the date of your claim,`together with the basis of computation of 9~ the amount claimed (include copies of all bills, invoices, estimates, etc.) a s . Amount Claimed and basis for computation: ~, ~ ; + j ~7~ , ~~ ~ ~ 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. __ 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: ///'~~~ ]]]~~~ 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: ~ ~~ if applicable, please aftach any medical bills or reports or similar documenfs supporting your c aim. 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 aftach any repair bills, esfimates or similar documents supporting your claim. Page 2 of 4 1 t 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 ~ ~` t w CitylAgency 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." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. ~ 1i/ ~aa ~"0 ~ ~~d+~ J LJ LJ .w ~ d ,kr~ SIDEWALK PARKWAY SIDEWALK -~~ tUY ~~ . %f ~ ~.~~ y cuRB -~ . ~, t 7'~r~ we5 /~n~F~tal 6~f~-~s Debr;f lft~ci~ tr~~hf ~-o,rt b~~ _ false claim is a felon Penal Code §72~. Pursuant to CCP §1038, the CitylAgency-may seek Warning. Presentation of a y ~ n brou ht in ood to recover all. costs of defense in the event an action is filed which is later determined not to have bee g g faith and with reasonable cause. Signature: Date: Page3of4 ~ ~ Februa 8 2007 I was traveling east on Edinger between the 55Fwy and On ry . Hill Ave. I went over the railroad tracks and my tare blew on the other side of Red the tracks. I ulled over and my husband and road side service. They came and p . ut the s are on for me, while me and my husband looked at the street where it p p occurred. We found screws, bolts, etc. in the street and beside the lane I was travelin in. Here are ictures of the pieces of screws, bolts and etc. in the street g p and area which this occurred. We had to replace the tire, because the hole on the tire was to bi to atch. The piece of metal that punctured the tire was still 9 p inside the tire when we took it to be replaced (see photos}. After looking at the area and u and down the street on Edinger, it looks like the street had not been p . swe t or cleaned in some time. I would like to be reimbursed for the $151.70 p ... that it cost me to replace the tire. If this is not your responsibility, then I need to know who's responsibility, then I need to know who's responsibility, it is to clean and sweep the streets, and who hold's all the repaving and construction com an 's res onsible for leaving all these pieces in and around the street. p Y p ALL S`."AR TIRE CO ANY AUTO & TRUCK SERVICE * CUSTOM WHEELS AND ACCESSORIES 2721-35 EAST ARTESIA BLVD,, LONG BEACH, CA. 90805 (562)531-0041 (562)634-5579 (562)422-5419 * (562)633-7927 FAX: (562)634-4058 1NWW.ALLSTARTIRE.COM * WWW.ALLSTARHUMMER.COM INVOICE SPECIAL/Z/N N.• ALL POPULAR MAKE TIRES CUSTOM WHEELS BRAKES `SHOCKS WHEEL ALIGNMENTS BALANCING 'LUBRICATION B.A.R. #AJ081721 ESTIMATE OF REPAIRS I Hereby authorize the repair work to be done along with the necessary material„ and hereby grant your employees permission to operate the vehicle herein described on streets, highways CONTACTED VIA; or elsewhere for the purpose pf testing and/or inspection. I also authorize such sublet repairs as are required. WE ARE NOT RESPONSIBLE FOR ANY PERSONAL ARTICLES OR DATED CONTACTED: VALUABLES LEFT IN YOUR VEHICLE Page; 1 INVOICE N0: 0310269-IN INVOICE DATE: 02/07/2007 ORDER NUMBF,R: 0004839 ORDER DATE: 42/0712007 SALESPERSON: SP TIME CONTACTED: ~ ._ t} ~ 1 DAVE MEEK DAVE MEEK CONFIRM T0: CUSTOMER N0: M0252 Due upon receipt i '~ ~ 435b3 EACH 1 1 0 132.29 132.29 F1R P215/50R1.7 FRS BW GTA-03 F WHSE: 000 . /BA~I., EACH. 1 1 0 8.50 8.50 BALANCE CUSTOMER IT lS Agreed between the purchaser and ALL STAR TIRE COMPANY that the items listed above are sold on the following conditions: This is a conditional sales contract and title remains in the All Star Tire Company until fully paid for; the legal rate of interest will be added to any amount unpaid when due; unless otherwise agreed all sums will be payable TEN days after the last day of the month shown above; and if necessary.to file suit,~costs including a reasonable attorney fee, will be paid by the purchaser. Net invoice: 140.79 Less Discount; 0.00 Freight: 0.00 Sales Tax: i 0.91 Invoice Total: 151.70 .. Purchases made°duriilg.anyonemon~t°arednebythe 0th` ,; : ` . . ; Pa :meat In 0 Less Deposits: l ~ 1.70 of thee followin month: 11/2% month~setvice char e s p~ 8 '_ ...VISA: 151:70_ will be added on alI~past duo~acdotwts (I.8°/a snnuatrate) RECEIVED BY ~ Invoice Balance: 0.00 0,00 _ ..:. 0.00