HomeMy WebLinkAbout06 CLAIM CHRIS KOSLOSKY 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 CHRIS KOSLOSKY, CLAIM NO. 06-06
SUMMARY:
The Claimant reported that his driveway has cracks and damage which were allegedly caused by
the roots of a City tree on the parkway. He is requesting the City pay the cost to replace the
driveway, which is $4,900.00.
RECOMMENDATION:
That the City Council deny Claim Number 06-06, Chris Koslosky, and direct Staff to send notice
thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
Upon investigation by Staff and the City's Claims Administrator, it was determined that tree roots
had caused cracking of the Claimant's driveway over time. However, it could be that there had
previously been another tree planted in the front yard. Also, the damage is now much more
extensive than if the City had been notified when the cracking first started. This may be a condition
that could have been prevented or reduced but as it is the homeowner's responsibility to maintain
the driveway, the City is not legally liable for the damage.
Ronald A. Nault
Finance Director
ATTACHMENT: Copy of Claim No. 06-06
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CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property) .. i'
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Received Via: Time Stamp:
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o Over the Counter
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Claim No:
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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 S 911.2). .
D. Claims for damages to real property must be filed no later than one year after the occurrence (Govemment Code!i 911.2).
E. If additional space Is needed to provide your information, please attach sheets, identifying the para9raph(s) being answered.
F. A claim must be presented, as prescribed by the Govemment 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 !i 910.2).
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consutt 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:
Home Address:
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Home Telephone:
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'Work Telephone:
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2. Post Office address, to, \(Vhiqh the. person presentin,9 the claim desires notices te be sent:
(If different from above)' .. . ' . ,
Name of Addressee:
Post Office Address:
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Telephone:
3. The date, place and other circumstances of the occurrence or transaction from which the claim 'arises.
Date of Occurrence:
Location:
Circumstances giving rise to this claim:
Time of Occurrence:
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Page 1 of 4
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5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
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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: "'4, q<.n)
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 9
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
9910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the
Cit of Tustin re uests that ou answer the followin uestions. . ,
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7. Name, address and telephone number of any witness,,"s to the occurrence or tran'saction from which the claim
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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 medical 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:
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Claimimt:SVeh.Lic. No.:
Claimant's Drivers Lil;. No.:
:
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Vehicle MakelYe.ari. .
.Expiration:. .,
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If applicable, please attach any repeir bills, estimates or similar documents supporting your claim.
Page 2 of 4
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READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate placa 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 City/Agency Vehicle when you first saw i~
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 "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 ~
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SIDEWALK
CURB -..
PARKWAY
SIDEWALK
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Warning: Presentation of a false claim is a felony (Penal Code !j72). Pursuant to CCP !j1038, 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.
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Date: 2-/18 /()("
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Page 3 of4
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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 S 911.6). The reason for delay in presenting the claim is:
Signature of Claimant
Date
Revised 12/2004
Page 4 of 4
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B-CONTRACTING
157 E. Wilson
Costa Mesa, CA. 92627
949-285-9675
LICENSE # 792382
Date:
2/20/2006
Estimate For:
Chris Koslosky @
Description:
Concrete Driveway
Work to Be Done: Provide labor and materials to demo out existing concrete
driveway, haul away and dump Grade to 5 in., and lay down 1 in. of base material. Set
forms and reinforce with #3 rebar. Pour and finish approx. 580 sq. ft. of plain concrete
with light broom finish. Clean up
LABOR:
MATERIALS:
TOTAL:
$4,900.0010"10 down. Il"",.;ntler to be paid progressive
NOTES: ** B-CONTRACTING will provide a 1 year limited warranty on
workmanship only.
Bill DeFina 949-285-9675
CLIENT
SIGNA11JRE CONS11TU'I'ES AGREEMENT
11 B-CONTI<ACllNG _ "'" "" __ """'" MATCREffi TOOLS & PROOVcrs
FOR THE BEST RESULTS - USE THE BEST - MATCRETE PRECISION STAMP
CONCRETE TOOLS