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Home My WebLink About03 CLAIM FAUSTO MONDACA 04-17-06 AGENDA REPORT MEETING DATE: APRIL 17, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF FAUSTO MONDACA, CLAIM NO. 06-03 SUMMARY: The Claimant reported that there was a hard rain and a tree fell on his car, damaging the roof, side mirror, windshield and fender. The Claim is for repair of damage to the vehicle, a 1986 Toyota Tercel. RECOMMENDATION: That the City Council deny Claim Number 06-03, Fausto Mondaca, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Mr. Mondaca's claim was not clear as to the exact tree involved, however, Staff did observe a City owned and maintained Jacaranda with signs of limb failure. This tree is on a three year trim cycle and was last trimmed on August 20, 2003. Investigation by the City's Claims Administrator found no fault attributable to the City of Tustin. There had been no prior complaints regarding the tree, the City did not cause the weather conditions and cannot be held responsible for damages not in their control. Staff is recommending denial of the Claim based on the absence of liability on the part of the City in this incident. ATTACHMENT: Copy of Claim No. 06-03 \\c:ot-secondlusers$\ TSkaff\CLAJMSIConsiderationOfClaimOfFaustoMondaca.doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received Via: 001 G I "''' ~ 'L 8,~i:~-~~~ Mail . n ~J.J'" ~ Over the Counter Time ISteIfnPl F T U S T I H clk\\lllJNMN II A 10: 15 LU..:.!)?' 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 (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 tha city. Claimant is advised to consutt 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. 1 . Name and Post Office address of the Claimant: :::~~)1t-~# Home Work Telephone: 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: Post Office Address: Telephone: 3. The date, place and other circumstances of the occurrence or transaction from which the claim 'arises. 4. Time of Occurrence: ');';'J ;-r '!J.1i!j;1 5. The name or names of the public emilloyee or employees causing the injury, damage, or loss, if known. ~ 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.) . i 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 attomey 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 !l 86.) o Limited Civil Case o Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code g910. Additionally, In order to conduct a timely investigation and possible resolution of your claim, the C of Tustin re uests that ou answer the followln uestions. 7. Name, address and telephone number of any witnesses to the occurrence or tnsnsaction from which the claim '""~i1" ~~d;/t'!t:!f:c; GT~I 8. If the claim invoives medical treatment for a claimed injury, please provide the name, address and teiephone number of any doctors or hospitals providing treatment: If applicable,' please attach any medical bills or reports or similar documents supporting your claim. 9. If the ciaim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Address: Telephone: Insurance Policy No.: Insurance Broker/Agent: Address: Telephone: Claimanfs Veh. Lie. No.: Claimanfs Drivers Lie. No.: Vehicle MakelYear: Expiration: If applicable, please attach any repair bills, estimates or simiiar documents supporting your claim. Page 2 of4 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 Vehicie was involved, designate by letter "A" iocation of City/Agency Vehicle when you first saw n, and by "B" location of you rself 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 In the situation. attach hereto a proper diagram signed by claimant. I ~ SIDEWALK : 1 '''-1' l{f} CURB ~ L PARKWAY SIDEWALK ~ Warning: Presentation of a faise claim is a felony (Penal Code 972). Pursuant to CCP 91038, 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. Signatur~) .~ / Date: ! ;:,- e:J(:;:> Page 3 of 4 !-~_.. I f nl!g I " ~~i~~ -i ~~.~~ ~ ~~~~~ ii!;; ~~~~~ ~il;i !ii;! ~~M ~n~ ~i ~~ iI s; '~~d~ ~ ~~ ~ ~m ~pi ~i ~~ ~~ S~ ~~ I~ !j !! I; I I ~ ~ ~ ~ f H tf . i )> . c:: J o I ;:0 · ITI 1 ~ i ;a o ;:0 o ITI ;:0 L_...____ ,} z- '" r-i . ~. ~ K j " m~ ~ f: ~. \ c' ~, .'-. I ., ) ~, ~ " ~ v . , ~ ~ > . . ) (-. \ '' i!> ~ 0 '\ , c I" [\ C> . ! ~ . '. ) "" Q . '\ \~ ; ;g \;1 , ' ~ .. :oj h I~ a '" . . , . po ~ ~ ~ ~ . d ~ 1\ ~ ~ '~ ) .;'- i" . V) ( J:l r , 1"-' ~ ~ )l ~ r. ',:---' . >-... ... . 1 . :~ . ~ I-- t' ~. ~ . I} Cl - , ;~ - , I ~ ., g "- ~ - c~ , ~ <:> d , ... n" u__ 1'-.. I..., "..~ ... h__ .n. _.n ... ---. > ~ I' ~ I E:OO "Od r 0 " 1 ;)' ~ Sl~ ~ )> C o ~ 1TI ~ - ;::I :) ;::II o 1TI ;::I I I I ~---~----_.._---_.._----_.._-_..,.~-,------~.,--_._--,-_.,- ------~ -, Date: 1/3/200604:28 PM Estlmate 10: 492 Estimate Version: 0 Preliminary Profile 10: Mitchell California Classics Paint & Body 1850 E. Edinger Ave Santa Ana, CA 92705 (714) 542-9811 Fax: (714) 542-4210 Damage Aaaeesad By: John Barna Deductible: UNKNOWN Owner FAUSTO MONACA Mitchell Service: 916747 Description: 1998 Toyota Tercel BodY Style: 20 HB Drive Train: 1.5L 4 Cyl 4M Labor Units 0.0* 0.0* Line Entry Labor Item Number Type 1 900500 BOY. 2 900500 BOY. Operation REPAIR REPAIR Line Item Description REPAIRS EXEEDS VALUE OF VEHICLE .....TOTAL LOSS-- Part Typal Part Number existing Exlstlng Dollar Amount . - Judgement Item Add'l Labor Subia! I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Labor Summary 0.0 0.00 Total Replacement Parts Amount 0.00 III. Additional Costs Amount IV. Adjustments Amount Total Additional Costs 0.00 Customer Responalbillty 0.00 I. Total Labor: 0.00 II. Total Replacement Parts: 0.00 III. Total Additional Costs: 0.00 Gross Total: 0.00 IV. Total Adjustments: 0.00 Net Total: 0.00 This is a DreliminalV estimate. Additional chanaes to the estimate may be reauired for the actual reaair. ESTIMATE RECALL NUMBER: 1/31200616:28:51 492 UIlraMate Is a Trademark of Mltchelllntematlonal Mitchell Date Version: DEC_05_A Copyright (C) 1994 - 2005 Mltchelllntamational UItraMate Varslon: 5.0.212 All Rights Reserved Page 1 of 2