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Home My WebLink About06 CLAIM GEMEINHARDT 10-17-05 AGENDA REPORT Agenda Item 6 Reviewed: ~ City Manager Finance Director ' MEETING DATE: OCTOBER 17, 2005 TO: WilLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR CONSIDERATION OF CLAIM OF PAUL GEMEINHARDT, CLAIM NO. 05-32 SUBJECT: SUMMARY: Mr. Gemeinhardt's claim alleges that City Water crews accidentally cut electrical service to his house while they were repairing water service lines. Mr. Gemeinhardt's claim is for $300.00. RECOMMENDATION: That the City Council deny Claim Number 05-32, Paul Gemeinhardt, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: On the day of the reported damage, City of Tustin Water Service crews were working near Mr. Gemeinhardt's home at 13631 Red Hill Avenue. They called out the company responsible for marking Edison's underground lines and were not working in the designated area. Staffs evaluation of the facts concludes that the City crews followed appropriate procedures before proceeding with their repairs. Responsibility for the stated damage should lie with Edison or their Contractor. ATTACHMENT: Copy of Claim No. 05-32 U: I C LA I M 51 Con side fa lion OICI a; mOfPa ul G erne; n h ardt. doc CITY OF TUSTIN ~E!ceived Via: Q Time Stamp: ~ U.S. Mail~ ZOOS AUG lOP 3: I 0 D Inter-Office Mail D Over the Counter 1~. Claim No: 0$""-.,3'2. PLEASE NOTE: . '~ A. Read entire claim before filing. ~ B. Be sure your claim is against the CitY of Tustin, not another pubiic entity. ':'.. C. Claims for death. injury to person or to personal property must be filed n ater than 6 months after the occurrence (Government Code § 911.2). D. Claims for damages to reai property must be filed no iater than one year after the occurrence (Government Code § 911.2). E. If additional space is needed to provide your information, piease 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 ciaimant or a person on his behalf (Government Code § 910.2). G. This form is for the convenience of those desiring to present ciaims 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. CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) 1. Name and Post Office address of the Claimant: Name of Claimant: Social Security No.: Post Office Address: B~v(,. Gt:htE"(¡\J¡.f~p...bl ~ 2 Post Office address to which the person presenting the claim desires notices to be sent: Name of Addressee: Post Office Address: PAuL Ge/11 e-rN#A,{t.br Telephone: 7 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: J v L'( I 'ð . Location: R.fi?'!ilb~N<-¡;:- I'Ißð v~ Circumstances giving rise to this claim: CoN5rt-UcTIOAJ B¿-rA..JGr- I/Ic<-lbt:ÑT'ALlY CUI ;)..c>o.s- Tim,~ of Occurrence: 10.'00 14.-.. - cr'-OOf" P",""R>~ei:I ß r \.V AT'E-fIL b, S "r1L< Co'" e-LEooiA-lC-"'L I-J/(>.."-S Lt-"bl-vG- T-O 1Lé-..,b",lVc..e- 4. General description of the indebtedness, obligation, injury, d¡¡mage or ioss incurred so far as you now know. F¿ot:>bt,vG- F/l.C"..., 5<9<-/ l.v?<TE-õL PiS#- T'A/IVI::., GqçcPc:-T/)~/VIAG-tF IQAlb Foo~ losS I~ ~t2.<C-~/2'<¡7"'e(':<. - Page 1 of4 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. WIJ~ brS:~Ic.{ 6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals iess 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 ciaim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Claimed and basis for computation: ..f' :300 1'07'>f '- ~I'~ '-ass /01/ ¡C/IJRV¡46\-(J/V!.. U"O I C;o¡L.Pcr- CC-t:'1IJ"'I"IIG- Fcð~ IIV Re-~" Id--~ tr'6'o 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 $25,000. (See CCP § 86.) ~ Limited Civil Case D Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the Ci of Tustin re uests that ou answer the followin uestions. 7. Name, address and telephone number of any w~nesses to the occurrence or transaction from which the claim arises: Z,qCl-leflT !h"TfI(?w$ 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone num~~ doctors or hospitals providing treatment: , /f applicable, please attach any medica/ bills 0' ,eporfs 0' similar documents supporting your claim. 9. If the ciaim relátes to an automobile accident: Claimant(s) Auto Ins. Co.: Address: Telephone: Insurance Policy No.: Insurance Broker/Agent: Address: Telephone: Claimant's Veh. Lic. No.: Claimant's Drivers Lic. No.: Vehicle MakelYear: Expiration: Page2of4 If applicable, please attach any repair bills, estimates or simila, documents supporting your claim. READ CAREFULLY For ali 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" iocation of City/Agency Vehicie when you first saw it, and by "B" location 01 yourself or your vehicle when you first saw City/Agency Vehicle; location of City/Agency vehicle at time 01 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: II diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. -!I(I I~ ~ SIDEWALK CURB~ CURB -,. PI¡/¡/ PARKWAY i~ nF- SIDEWALK 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 reasonabie cause. Signature: . Date: %-V-é>,s- Pa903014 IF LATE CLAIM: COMPLETE ITEMS 1- 9AND 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: %- C¡~o:) Signature of Claimant Date Revised 12/2004 Page4of4 E] fõT ŠÔRÑ Jeanette Magana Claims Representative An EDISON INTERNATIONAL Compony July 25, 2005 200505625 Gemeinhardt, Paul PAUL GEMEINHARDT Dear Mr. Gemeinhardt: This will supplement our previous correspondence in connection with your claim, Our investigation indicates the loss you incurred on July 18, 2005 was caused by digging activities by the Water Department for the City of Tustin. You can appreciate that an electrical utility cannot accept responsibility for damage caused by elements over which it has no control. It is our intention to look to this party for the recovery of our loss incurred as a result of this occurrence, and it is our suggestion that you do the same. While we strive to furnish a sufficient supply of electricity to our customers, the company does not and cannot guarantee a continuous supply free from interruption. Under the circumstances, we cannot accept responsibility for your loss and must respectfully deny your claim. Should you have any questions, please feel free to contact me. Sincerely, yP!e~ P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6957 Fax (626) 569-2573