HomeMy WebLinkAbout11 CLAIM - GUTIERREZ 06-20-05
Finance Director
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AGENDA REPORT
Agenda Item
Reviewed:
City Manager
MEETING DATE:
JUNE 20, 2005
TO:
WilLIAM A. HUSTON, CITY MANAGER
FROM:
RONALD A. NAULT, FINANCE DIRECTOR
SUBJECT:
CONSIDERATION OF CLAIM OF NORMA GUTIERREZ, CLAIM NO. 05-22
SUMMARY:
The claimant alleges that the traffic signal at Portola and Jamboree malfunctioned, causing her car
to be struck by oncoming traffic while she attempted a left turn onto northbound Jamboree Road.
RECOMMENDATION:
That the City Council deny Claim Number 05-22, Norma Gutierrez, and direct Staff to send notice
thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
Ms. Gutierrez is alleging that she had a green arrow to make a left turn onto northbound
Jamboree Road and was struck by a truck traveling west on Portola. The driver of the vehicle that
struck Ms. Gutierrez also stated that he had a green light for westbound traffic and did not see
Ms. Gutierrez's car until it was too late.
Staff has reviewed the maintenance records and the conflict monitor for this intersection and
found no record of maintenance conducted as a result of the deployment of the monitor, which
indicates that no conflicting signals had occurred. While the police report indicates that the red
arrow was not functioning, this would not have caused an eastbound green arrow and a
westbound green light. The results of our investigation do not support the claim that conflicting
sign caused the accident. For these reasons staff is recommending denial of Claim No. 05-22.
ATTACHMENT: Copy of Claim No. 05-22
U : IC LA I M SIC 0 ns iderati on OfC I a i mOfNo rma G u ¡; e ITez. doc
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages taon or Personal Property)
~~. eived Via: '.4~
..J'j ~.S. Mail ~Ij',,~
D Inter-Office Mail "'~
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PLEASE NOTE:
A. Read entire claim before filing.
B. Be sure your claim is against the Citv 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 (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 Government Code of the State of California, by the claimant or a person
actin9 on his/her 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 ciaims.
H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
.
Tim.ç /:;Ta~")F TV S TI N
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1.
Name and Post Office address of the Claimant:
Name of Claimant: MOYrt\~
Social Security No.:
Post Office Address:
Date of Birth:
2.
Post Office address to which the person presenting the claim desires notices to be sent:
Name of Addressee:
Post Office Address:
Telephone:
Gfl(" ì Y
3.
The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Time of Occurrence:
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Was 'j¥&f\ arÚtllJ .fiJnol-km:I\J .,
General description of the indebtedness, obli ation, injury, damage or loss incurred so far as you now know.
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4.
Page 1 of4
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 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:
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.)
0 Limited Civil Case
fjQ 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
Ci of Tustin re uests that ou answer the followin uestions.
7.
Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises:
NiF\
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:
1tJ<'..-k.y~ ~cbclli t>c-,c!c,<s ¡¡,...,b<J{"'I'IU', ì"lIe<f~..J.;..... T~
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.: -eNí
Address: ~ 1m SI?'B
~ ~ r r;A
Telephone:
'7'50
Insurance Policy No.: /
Insurance BrokerlAgent:
Address:
Telephone:
Vehicle MakelYear:
Expiration: '1
Page 2 of4
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
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 City/Agency 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
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 "8-1" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
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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:
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