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Home My WebLink About11 CLAIM OF SCE 06-05-07Agenda Item ~_ __ • Reviewed: ,- . ,- - AGENDA REPORT pity Manager ;, Finance Director' _ <., ~% MEETING DATE: JUNE 5, 2007 T0. WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON, CLAIM N0.07-06 SUMMARY: he Claimant re orted that while a City of Tustin contractor was excavating for a water main, T p uthern California Edison underground primary cable and duct were struck and damaged. The So Claim was submitted for an estimated amount of $8,000.00. RECOMMENDATION: t the Cit Council den Claim Number 07-06, Southern California Edison, and direct Staff to Tha y Y send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The investi ation conducted by the City's Claims Administrator has found no fault attributable to g the Cit of Tustin. It was determined that the City contracted with VestarlKimco Tustin for Y construction of infrastructure improvements at the location where the Claimant's property was lama ed. Staff recommends denial of the Claim, which has been tendered on behalf of the City g to VestarlKimco Tustin for consideration. onald A. Nault Finance Director ATTACHMENT: Copy of Claim No. 07-06 Consideration OfClaimOfSouthernCaliforniaEdison07-06. doc Name and Post Office address of the Claimant: • • CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Re eived Via: ~U.S. Mail ^ Inter-O~ce Mail ^ Over the Counter Name of Claimant ~ j}µ~.~t.~/1,~, ~~x~G"ti-~ Home Address: ~. Q . ~j~C. g0~ ~~.n~~ C0~- ~1 "170 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 (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 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 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. 2. Home Telephone: Work Telephone: 2(,P 3O~.--~~ Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) -• ~ - ' -- - Name of Addressee: Time Stamp: Claim No: ~~~ hone: ~z-~8~ Post Office Address: ~, (~ . ~ OTC ~O~ v r~A- c11Z'7o -- *~ ~ ~~ ._~~~ 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: ~ (~ Time of Occurrence: (,~~ ~, 4. General descri,~ion of the i~debtedne~ss, obligate , injur~r, damage or loss incurred so far as you now know. Page 1 of 4 location: 02 3~5 /g ~Q~,~r~~ Circumstances giving rise to this claim: ~ ~ 5. Tho Hama ~r names of the ^ublic emnlovee or emnlovees causing the inluN, damage, or loss, if known. 6. If amount claimed totals less than $1fl,000: Provide the amount claimed if it #otals 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: ~~.dD ~i~ i~ L G'f.~2x.o(z~L 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 Warne, address and telephone number of any doctors or hospitals providing treatment: 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 Make/Year: Claimant's Drivers Lic. No.: 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 CitylAgency 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 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. SIDEWALK CURB -~ J PARKWAY SIDEWALK CURB ~, Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the CitylAgency 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: ~`Q /~ Page 3 of 4 r SOUTHERN CALIFORNIA EDISON An ED/SON /NTERNATIONAL Company March 8, 2007 200612028 Tustin, City Of CERTIFIED MAIL CITY OF TUSTIN ATTEN: CITY CLERK 3 00 CENTENNIAL WAY TUSTIN, CA 92780 Reference: Date of Occurrence: December 09, 2006 Location: 2345 Barranca Irvine, CA Our File No: 2006.12028 Sylvia Colunga Claims Representative Gentlemen: Enclosed is our Claim Against a Governmental Agency in the estimated amount of $8,000.00. When our actual costs are known, this claim will be amended. If additional forms are re uired for a claim of this nature, please forward copies, to my attention, in the q enclosed return envelope. Please reference our file number, 200612028, on all correspondence. Sincerely, Sylvia Colunga enclosure P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6800 Fax .(626) 569-2573 ti Our File No. 200612028 CLAIM AGAINSTA GOVERNMENTALAGENCY --- -The Southern California Edison Company, a corporation, is hereby presenting its claim for damagelloss to City Of Tustin. 1. Date of occurrenceldiscovery December 09, 2006 2. Location of occurrence 2345 Barranca Irvine 3. Cause of damagelloss Unknown employee of SDJ Burkhardt working for and at the direction of the City of Tustin, while excavating for a water main struck and damaged SCE primary underground cable and duct. 4. Amount or estimate of damagelloss $8,000.00 5. Name and address. (if known} of public NIA employee or agency causing damage ~ ~ SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company All correspondence in regard to this claim should be addressed to: Southern California Edison Company (Claims Department), P:O. Box 900, Rosemead, California 91770, Attention: Sylvia Colunga VERIFICATION AND CERTIFICATION State of California, County of Los Angeles (ss.) Sylvia Colunga, being by me duly sworn, deposes and says: that helshe is a Claims Representative for Southern California Edison Company, a corporation, claimant; that helshe has read the foregoing claim and knows the contents thereof; and that the same is true and correct of hislher own knowledge, except as to the matters which are therein stated upon hislher information or belief, and as to those matters that helshe believes to be true. Claimant's Signature P.O. Box 900 2244 Walnut Crrave Ave. Rosemead, California 91770 (626) 302-6800 Fax (626) 569-2573 STATEMENT March 8, 2007 200612028 CITY OF TUSTIN ATTEN: CITY CLERK 3 00 CENTENNIAL WAY TUSTIN, CA 92780 Cost to re air and/or replace facilities damaged on Decea~ber 09, p 2006; located at 2345 Barranca Irvine, California. Estimated cost: $s,ooo.oo P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6800 Fax (626) 569-2573