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Home My WebLink About05 CLAIM ALEC HUANG 05-15-06AGENDA REPORT MEETING DATE: MAY 15,2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF ALEC HUANG, CLAIM NO. 06-11 SUMMARY: The Claimant reported that raised steel plates in the road at the intersection of Red Hill and Bryan Avenues caused damage to his vehicle's alignment. He also stated the height of the plates felt excessive and the road construction sign was hidden in the dark where there were no street lights. RECOMMENDATION: That the City Council deny Claim Number 06.11, Alec Huang, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Staff has reviewed Mr. Huang's claim and confirmed that the construction at the above intersection is being performed by a Contractor working on an Orange County Sanitation District project. Upon investigation, the City's Claims Administrator determined that the City had no notice of a dangerous condition of public property in that area and is not liable for this incident. A copy of the claim has been forwarded to the OCSD Resident Engineer, to be routed to their Claims Mana ement office and to the Contractor's insurance company. ATTACHMENT: Copy of Claim No. 06-11 \\cot.secondlusers$1 TSkafflCLAIMSIConsiderationOfCJaimOfAlecHuang.doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) (.1,' 'I' u" '.'~ " "~T' 'J ... i 0..) Ii Received Via: D U.S. Mail D Inter-Office Mail D Over the Counter Time Stamp: r':- ;~~;"i ! ti r.~ k> ! Q COOGINAb" .. ", ',,', ' .,' . '" ,. .,\', ,. ....- " 1. ~ \ Claim No: 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 (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 9ive 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: Name of Claimant: ,Ale.e- {..("'-"-"'j Home Address: Home Telephone: ( 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. Date of Occurrence: C) 3/:5 0 {} 6 Location: IYl e...,rec:.t'6"t sf Red 11;/( Circumstances giving rise to this claim: R a."~e.( c<u.s.ed d......... ~ to ...... C't.~)..r ~ '9'1 ",,, J,..Jd.€'1 ,..... fl.e d u-k wlto-e. TI.e- ~e;yhi ~f fJ..e .s tee r pl...f.o 6tAe~ ~~41 c;....$:h.uetl"''''' -z"'''''C:c Time of Occurrence: A...... A.- BwCf..."l Ave-. stee{ f>/.....te..< ceve~i'1:1 "19#..J /: ......... ..... . tf.a.d CtJ"lS: fH.c..C ,."..... there c....el-e- "'0 s-t..ee.+ /!f{ s. .fe/f ?.JCc~.s.,' v~ o.-..,o4'r-eI t. 4. General description of the indebtedness, obligation, injury, damage o'r loss incurred so far as you now know. {a.'- tt1i,.........e"Lf 1"J'i....s "11.........,'1 ~v.f &f s::,oe&l'{!,'c.".:h' fhl..c:L .s:f/-a.lq 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: ./J C(f:[ . 75' 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 uniimited civil case is one in which the recovery sought is more than $25,000. (See CCP !i 86.) o Limited Civil Case D Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code 3910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the Clt of Tustin re uests that ou answer the followin uestions. 7. Name, address and teiephone number of any witnesses to the occurrence or transaction from which the claim arises: ?A"dtt C""'-"tel - 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: If applicable, please attach any madical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Address: Telephone: Insurance Policy No.: Insurance Broker/Agent: Address: Telephone: Ciaimant's Veh. Lie. No.: Claimant's Drivers Lie. No.: Vehicle MakeiYear: Expiration: If applicable, please attach any repair bills, astimatas or similar 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 uX" and by showing house numbers or distances to street corners, If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency 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 vehicie 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 fit the situation, attach hereto a proper diagram signed by claimant. CURB ~ L SIDEWALK CURB ... PARKWAY SIDEWALK I Warning: Presentation of a false 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. Signature: Date: Page 3 of 4 c!R Office of the City Clerk April 14, 2006 City of Tustin Alex Barrios Ward North America, Inc. P.O. Box 2422 Tustin, CA 92781-2422 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 Re: Transmittal of Document(s) Claimant: Alec Huang Filed With City: 04/14/06 Claim No. 06-11 By: In Person ~ Receipt of Claim/Summons/Complaint The enclosed records were presented to this office as indicated above and have been referred to the appropriate City department for investigation and also to the offices of Woodruff, Spradlin and Smart, Attn: Douglas Holland, City Attorney. By this letter, you are authorized to commence the necessary investigation of this claim on behalf of the City. We request that you give such notices as may be appropriate to the City's insurance carrier(s) and further request that you submit your preliminary and all subsequent reports to the City, with a copy to the City Attorney and to the insurance carrier(s) if they so request. Upon receipt of advice frorn the City Attorney, we will plan to present this rnatter to the City Council and/or take such other steps as are directed by the City Attorney. A copy of this letter and enclosures were sent on April 14, 2006 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sfjin9~reIY~' _ 7. I t! / a - VU ( '--./-' ( 6 riela Delgadillo City Clerk's Office Enclosures: (as above) C: City Attorney Public Works Finance Departrnent (orig. document) 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 Df Tustin. This applicatiDn is being made within a reasDnable time, nDt exceeding Dne (1) year, after the accrual Df the cause Df actiDn. Under some circumstances, leave to present a late claim will be granted (Government Code S 911.6). The reason for delay In presenting the claim is: 04/14/ tJ6 Date Si~la~ Revised 12/2004 Page 4 of 4 ':LARK'S HOUSE OF SUSPENSION 2A91-11 Vista TerracE' L3ke F orest, I~-A 921)3(1 Phone - 949-708-6261 INVOICE 9641 ~.88plng (Iranqe I=.uur Itv Straight Sin(;p 197R INVOICE BAR #/lAI97981 Print Date 04/14/2006 HII,!,!'J';. ALE': '=.ellut3f ---- H,',me :, ':ust I D .:Q46 r 898 Mazda - MY. 5 MI ata 1 8L. In-Line4. VIr-J i3! Lie # ':'dnmetel In. 103371 Unit # Vln# Hat# Pet# Part [JPSfTlptlnn ! j\JI Jrnb8i ,~tv Sale E~(tl:mded Latll)r ['8sctiptiotl E,tended Shop :3upplies Four whee! alignment Road test voS'hic1e Check all :;uspenslOn and st.eenng part:::: for wear '::;heck tin:: pressure and '_'ondltll)n r;heck riding height. Check al1grunent of all four wheels. Adjust caster, carnber, toe-in, and thrust angle as needed on all tour wheels. (' enter ste 475 4"' ) , [Tpt,hrw..i..-ltl:, SMITH, CLJ1.p~ ] Urg t:stlrnate $01)0 f=;!:'visinn:-. $0.00 Current Estimate $ 0.00 Additlundl t,ost Revised Estimate Labor: Parts: Sublet: Sub: [ P;'(I"IrIBtlh- Tax: Total: Bal Due: 9500 $95.00 $4.75 $0.00 $99.75 $0.00 $99.75 $99.75 :/< all {Jar!s ;-WlV UJ1h-::;D lJrherWIse 0.'Jeqfied \Varranty ')11 poots 1S 1 year:::; or 1 :.1)1):) mIl.,::::; ',orl1l':h,:,v.-'!' "-'O!fl':'S flrst, e:-:,:::ept dealer part::: 'Narr-anty work lias tCF be perb:<nneo in (\Uf shop ~. '-~;:mnc,t ex.:eed the 'Jf1gmal ,:.,~!.:t"f 1 ""palr ~~~I'3-HATTJF-E Dat.=. Tiffle '-'M' I '-', I L"FI c' ,-'~, -l :e,...,