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Home My WebLink About17 CLAIM PIERRE CHAN 05-21-01AGENDA REPORT · ' 0 5-2'1-0'1 MEETING DATE: MAY 21, 2001 180-10 ~~ TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: CLAIM OF PIERRE CHAN; CLAIM NO. 01-24 SUMMARY: The City Attorney is recommending that the City Council reject Claim No. 01-24, Pierre Chan. RECOMMENDATION: After review and investigation by the City's Claims Administrators and by this office, it is recommended that the City Council reject the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. FISCAL IMPACT: There is no fiscal impact with this action. BACKGROUND: The claimant alleges $1354.50 in property damage due to driving on construction plates that were laid in the roadway. Claimant's car has Iow profile rims, and it is the opinion of the claims administrator that this is the cause of the damage. There is a high volume of traffic on Jamboree and the City has not received any other claims relating to this location. Normally, striking construction plates at a reasonable amount of speed does not cause this type of damage. It is our opinion that the construction plates did not amount to a dangerous condition of public property. We recommend denial of the claim. ATTACHMENTS: Claim Internet · : C' ,T'Y OF TUSTIN CLAIM AGAINST THE CITY OF TUSTIN (Far Damages to Persons or Personal Property) The ;aw p:ovides generaiiy that a claim must be filed wJ:h the City Clerk of .*.he City of Tustin wlthin six months a~er the incident or event occurred. Be sure your claim is against the Ci~ of Tustin, not another pub'ic enti~. 'Where space [s insufficient, please use additiona; paper a"d identify information by paragraph number. Completed cla;ms ~nust be mailed or delivered t= the O',fy Clerk, C;ty of Tustin, 300 Centennial Way, Tustin, California 92780. WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK To the Honorable Mayor anc City Council, City of Tustin, California: The undersigned respec,ff,~lly subm;ts the following cJaim and ;nformation relative to damage to person and/cr property; i. a Name of Claimant: b. AddressofOiaimant: c. City/ZipOocie: ?~ ¢-~ d, Telephone Number: e. Date of Birth; :.~' ./~ ,'-~.. f. Social Security Number: g, Drive," License Number: 2. Name, te!ephone, and post opine, acdress to v~h;ch claimant desiresnot~,._~',',~ to be sent (,,I-' o~he* '*.nan above):. 3. Th:s c:aim is submitted against: a. "A The Ciby of Tust:n only,. b. __ The following employee(s) of the City of Tustin only: c. ~ The City of Tustin and the following employee(s) of the City of Tust[n only: 4. Ocsurrence or event 'rom which the claim arises: a. Date: '~f~o [ b. Time: ~ ",-.'-.'-.'-.'-.'-.'~O ¢.INA .. c. Plac, e (Exact and Specific Location): %W:~ 6-~¢~' / 1-1A.'.~¢-,1 Cj~lq¢14 ¢~,~ d. How and under what circumstances did damage or injuw occur? Spec:,~ the pa~icula" occurrence, event, a~ or omission you c~im Cused the in~u~ or damage (use additional M~Y-ZC-2DB2 l?; 57 95~; ~. D~ e. What paNcular action by the Cit~, or its employe.es, caused the alleged damage or injury? 5. Give a description of the injury, property damage or loss so far known at the ,'.[m.e of this claim, if there were no [,"juries, state "no inju4es". 6. Give the name(s) of the City em. ployee(s) causing the damage or injury: 7. Name and address of any other pers.on ]njured: ~[~ 8. Name and acdres_s or,he ow2er of any damaged property: 9,. Damages Claimed; a. Amount claimed as of this date: "¥l.'.~"~, ~q) b. Estimated amount of future costs: ~ c. Tatal amount claimed: ~4~-~-g~ ,S'b d. Attach basis for computation of amounts claimed (include copies of ail bills, invoices, estimates, etc.) ', 0. ,Names and address(is of all wig, eases, hospitals, coctors, etc. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE C~LAIM (Penal Code Section 72; Insurar',ce Code Sectioq 556.0) I have read the matters and statements made in the above claim a~.d I know the same to be true of my own know]edge, except as to t.-,ose matters stated to be upon information or .~elief and as to such makers I believe *,he same to be true. I cert~.~ udder penalty of pedu,?'that t,le forecoinv, is ' '"' ,r.-,.. and correct. Clai'nant's Signature: Executed this i~r'4'~ day of Date fi;ed this day of , 20 2:CI.~,;M MP~'-iE-2~EL 17:57 952; P.04 Pierre Chun April 30, 200i To Whom It May Concern: On Sunday, March l g, 200l, I was driving down Jambore.~ at abou! 9 P.M. I was traveling west on Jamboree from my rt~sidence towards the I5 Freeway. At the time, it was dark and i was traveling at a@pmximately 45mph when I had snuck sometl~.ng on thc ground. I sRlck these thin~q a f'cw lime~ actually. There were construction plates on the asphalt road in various places. While I was driving to my destination,. I had then noticed that my steering wheeI was shaking. I bclicved that my balance was off. Latin' that wcck, I brought my vchiclc to Sears Auto Center to have my wheels and tires rcbalanccd and flicy told me thre~ of my wheels were not straight and that they couldn't balance them properly, So the~ I brought the wheels down to two different places to get estimates on repair. One was Mag Masters in Santa Ami. The other was 'Wheels America in Stanton. They both rcmm~d the wheels to me saving they were NON-REPAIR. ABLE. By this time, tho consu'uction worl~rs lmve removed the plates..The only evidence that I could show are these marks that are still here where the plates use to cov~r. As you could see, there are many spots wheze plates exismt and it was very hard to avoid at night. I am requesting for a reimburs,ment of the cost ofthr~e 19" MVR's in which I had already bought the three wherls. I bouglat two from one shop m~d the third from a different shop because I could only afford to by two the fa'st time. I have enclosed copies of the receipts and pictures. These receipts all-total up to $1354.50. I have enclosed copies of the invoices from the two repair shops and also from the two different retail stores. Please contact me if any more information is needed. Tl~ank you. Regards, Pierre Chmi mvr2 CSgTxTg2x24b psd) mvrl (567x792x24b psd) Santa &aa: (;At 9270~; (714) &41-9777 · (714) 541-9778 FAX Mq¥'-16-28el i~:~0 SSX P.08 WHEELS AMERICA-LA £BtJrnate 1 [631 SEABOARD CIRCLE STANTON, CA 90680 DATE '714-903-9292 NAME I ADDRESS P I£ R.P.,E CI'i. AN ro~ make model make mociet ~ contac[ iTEkt, DESCRIPTION ~TY COST TOTAL ' ~ 0.o0 (2.O0T' i AFTEK,V,A.KKET 1 ~" MVR , i ,'NR YOU& WI-tF. EI. (5) WAS HONR.EPAIKABLE FOR ! 0.00 0.00 j THE FOLLOWING REASON: CIRCLED j wA1PED ( Out o£ro-ncl from ~e Ceam'}. CR,XCKED SPOKE LUG .~.T HOL~.$ WOLLOWED OUT EXCESSIVE DAMAGE i ; , OTHER_2 WHEELS · · Saks Tax I , J TOTAL MAY-16-2~O: lf:00 95X P.09 , ..,,,.'-'.=_ ~,..,,_~,~,:,~. .-- i/'~>-.WH EEL W~ '~hc~k YOL[. t:'.r y~ur !25 W. LA ~ALMA AV~N~, (714) 772-!251 ~.A R ~A~!725~ F' ' ~'" ~ % .. ,~,:,L~ t .. -:i PZERRE CHAN [ INv.~ 6~91 J CU~.4l$~:~ 540 SILVER MOOEL.C~L~R ~ ' C~SH ~AL~ Mo~ J 'J ~..i MVR-520-~aS~lS[~S--MSN 5DZ MA[~NUM 5SPI', MVR ~ 1: rHA-NK-YOU LE~ SEND A FRieND } J _"~ ~ - NaNT~B~J DEPOSI' Mq¥'-iS-20e2 1~:00 95~ P.10 Supreme. Power Parts IflvoiGe lO:~-B Ortega Wey .... Pl~Genti~, CA g2870 OA'I'~ ~ INVOICE; ' ' £.O.L I PAel~J~ IT ~ 1 ~1~e.5 j~ M~m tS x 8.6 - 4~0.0oi 410.00T{ you for ,.r m~. Mq¥'-l&-20~l 1~:01 95~ P.11