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Home My WebLink About06 CLAIM TURNER 10-03-05 Finance Director 1l AGENDA REPORT Agenda Item Reviewed: City Manager MEETING DATE: OCTOBER 3, 2005 TO: WilLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF JAMES TURNER, CLAIM NO. 05-36 SUMMARY: The Claimant states that an Officer of the Tustin Police Department had possession of and subsequently stole, lost, converted and/or destroyed personal property of his valued at $59,000. RECOMMENDATION: That the City Council deny Claim Number 05-36, James Tumer, and direct Staff to send a standard denial letter to the Claimant's Attomey. FISCAL IMPACT: None. DISCUSSION: While working with Officers from several other agencies on criminal activity on a regional basis, a City of Tustin Officer participated in an investigation of the Claimant, James Turner, regarding suspected criminal activity. Fieldwork conducted by the City's Claims Administrators has determined that the items allegedly lost as stated in the claim were never in the possession of an employee of the City of Tustin. Statements from the Program Manager indicate that none of the items in Mr. Turner's claim were seized by Officers involved with the investigation. Staff and the City's Claims Administrator recommend the denial of Mr. Turner's claim. -~&GJ~ Ronald A. Nault '---' Finance Director ATTACHMENT: Copy of Claim No. 05-36 UXLAIM$IConsiderationOfC/aimOfJames Turner. doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) CITY OF TUSTIN Time Stamp: ~eived Vi~: 0 ~i~;-~~~e Mail OR"" lG11UL 0 Over the Counter " 1005 WG 2q A II: Oì Claim No: ¡9:j- 3/P PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the Citv of Tustin, not another pubiic 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 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 claims. H. Completed claims must be mailed or deiivered 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: 'JQw\f.s Social Security No.: Post Office Address: e.. Date of Birth: ( 2. Post Office address to which the person presenting the claim desires notices to be sent: Name of Addressee: &m.e.. a~ Post Office Address: ~ve Telephone: 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. {)() Dr D.-b Dl-I..:t' Date of Occurrence: ~ Ii' D Location: Circumstances giving rise to this claim: Time of Occurrence: )L. IY1 \ otdttï 4. General description of the indebtedness, obiigation, injury, damage or loss incurred so far as you now know. Sf'€- ~CL, dl Page 1 014 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. ~p ~cJ"o IS¿ 6. If amount claimed totals less then $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 lìl Uniimited 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 Cit of Tustin re uests that ou answer the foliowin uestions, 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: ~ o.:;tto" ~ e tR 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: N J A If applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. tV/A If the claim relates to an automobiie accident: Ciaimant(s) Auto Ins. Co.: Address: Telephone: Insurance Poiicy No.: Insurance BrokerlAgent: Address: Telephone: Claimant's Veh. Lic. No.: Claimant's Drivers Lic. No.: Vehicle MakelYear: Expiration: Page 2 01 4 If applicable, please attach any repair bilis, estimates or similar documents supporting your claim. READ CAREFULLY For all accident ciaims, 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 City/Agency Vehicle was involved, designate by letter "A" location of CltylAgency Vehicle when you first saw it, and by "B" location of yourseif or your vehicle when you first saw CltylAgency Vehicle: location of CitylAgency vehicle at time of accident by "A-1" and location of yourself or your vehicie 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. --/I (I I~ ~ SIDEWALK CURB CURB -.. 7í) /;1 PARKWAY in r SIDEWALK 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. ,""'M~ ~ ~ ne'1 -ß- Chu ~é'.t. ~ Date: R-U.- 05 Page30f4 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: Signature of Claimant Date Revised 12/2004 Page 4 014 3. ATTACHMENT TO CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF TUSTIN Circumstances giving rise to this claim: Each of the specified items was present in or as part of the aircraft or boat when it was wrongfully seized. When the aircraft and boat were returned, each of the specified items was missing. 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. Due to the acts and/or omissions of the public entitiesr officers and agentsr the specified items (valued collectively at $59rOOO) were lostr stolenr converted and/or destroyed Cessna log books Piper Comanche log books Piper Comanche engine faring Cobal,t boat cover $20rOOO $35,000 $ 3rOOO $ 1,000 Plus interest according to law from the loss date 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. Sgt. B. Sgt. C. Inv. P. Inv, J. Inv. S. Inv. C. Inv. D. Inv. C. Inv. K. Dep. S. Inv. J. Inv, J. Inv. R. Inv. P. Dep. K. Officer Officer Scheer, 714-567-3950 Andrader 714-567-3950 Duff, 714-567-3950 Rodriguez, 714-567-3950 Zappiar 714-567-3950 Davisr 714-567-3950 Stetson, 714-567-3950 Shinr 714-567-3950 Stills, 714-567-3950 Swiderski, 714-567-3950 Englandr 714-567-3950 Trevino, 714-567-3950 Hudsonr 714-567-3950 Villalobos, 714-567-3950 Olszewski, 714-567-3950 A. Santos, 909-806-2400 G. Carrera, 909-806-2400 Page 1 of 2 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: Sgt, B. Sgt. C. Inv. P. Inv. J. Inv. S, Inv. C. Inv. D. Inv. C. Inv. K. Dep. S. Inv. J. Inv. J. Inv. R. Inv. p, Dep. K, Officer Officer Scheerr 714-567-3950 Andrade, 714-567-3950 Duffr 714-567-3950 Rodriguezr 714-567-3950 Zappia, 714-567-3950 Davisr 714-567-3950 Stetson, 714-567-3950 Shin, 714-567-3950 Stillsr 714-567-3950 Swiderskir 714-567-3950 Englandr 714-567-3950 Trevino, 714-567-3950 Hudsonr 714-567-3950 Villalobosr 714-567-3950 Olszewski, 714-567-3950 A. Santosr 909-806-2400 G. Carrerar 909-806-2400 Page 2 of 2