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HomeMy WebLinkAbout05 CLAIM OF CYNTHIA ANAYA (#07-15) 07-17-07Agenda Item 5 Reviewed: y } AGENDA REPORT Cit Manager f- Finance Director NIA ,` MEETING DATE: July 17, 2007 TO: William A. Huston, City Manager FROM: Ronald A. Nault, Finance Director SUBJECT: CONSIDERATION OF CLAIM OF CYNTHIA ANAYA, CLAIM NO. 07-15 SUMMARY: The Claimant reported that her vehicle was parked out in front of her job location and it was very windy at the time. A tree branch fell on top of her car and damaged the top rails, passenger side mirror, antenna, a windshield wiper, and the hood and side of the car. She provided a repair estimate of $3,552.22. RECOMMENDATION: That the City Council deny Claim Number 07-15, Cynthia Anaya, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator confirmed with Staff that the tree at issue is City owned and maintained. There had been no prior complaints or incidents regarding this tree, which was trimmed on March 22, 2005 and June 6, 2007 on the City's two to three year trim cycle. Severe winds appear to have caused the branch to fall -this could not have been foreseen or prevented by the City and they cannot be held responsible for damages not in their control. Staff ~ recommending denial bated on the finding of no fault attributable to the City of Tustin. Ronald A'. Nault Finance Director ATTACHMENT: Copy of Claim No. 07-15 ConsiderationOfClaimOfCynthiaAnaya. doc re o~-a3~~ CLAIM AGAINST THE c~tTrl6~Fr~T~9~iIN CITY OF TUSTIN (For Damages to Person or Personal Property) 1001 NAY 2 3 P I~ I-~Qn-~ a: -~{#- Received Via: ^ U.S. Mail ^ Inter-Office Mail ^ Over the Counter Claim No: 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 paragraph(s) being answered. F. A claim must be presented, as prescribed by the Govemment Code of the State of California, by the daimant 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 (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 daimant 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: C ~~n-I~ 1 ~ ~~ Home Address: ~, Home Telephone: Work Telephone: '~ ~~. ~©~ 2. Post Office address to which the person presenting the claim desires notices to be sent: (tf 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. Date of Occurrence: ~ / pp'"7 Time of Occurrence: ,' (jp t_ocation: ~ (,~ ~ ~ b Circumstances giving rise to this claim: 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. Page 1 of 4 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. g. If amount claimed totals less than $10,000: Provide the amount claiu ed f n toeaa~ede tent al futuhe njury, dollars ($10,000) as of the date of your claim, including the estimated amo y 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.) ount Claimed and basis for computation: ~.~ ~ Am 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 Tustln 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: l~..Ot'~~-- Ifapplicable, please attach any medical b/11s or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: 1 v ~ Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any nspair 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, inducting 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 fetter "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." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK CURB PARKWAY SIDEWALK CURB -~, 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 an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: ~~,,~-~~' ~~~~ Date: s""' °~ -- 6~" .. . ^ 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 § 911.6). The reason for delay in presenting the claim is: N~ v ~ q ~ ~ ~i ~Co~~ ~~~~ ~b 1,J~S ~ ~~ ,~,.~. ~U~-,-c. Inc s~ml~r ~~t~ t S ~ h ~ L!~ 7 3 ~ ~ 1$`r~C~ Date Signa re of Claimant Revised 12/2t~14 Page 4 of 4 -.~.F-,,~ P~ ~ -~-~ce and ~ ~.o~en e__ ve~~