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Home My WebLink About12 CLAIM 06-24 KOLSY 09-05-06AGENDA REPORT MEETING DATE: SEPTEMBER 5, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF ERUM KOlSY, CLAIM NO. 06-24 SUMMARY: The Claimant reported that the Tustin Police Department towed his vehicle where there is no sign indicating no parking or 72 hour parking, and they never gave him warning. He also stated the tow service driver was seen opening the hood of the car and doing something with the engine: when the Claimant got his vehicle back, the engine light and ABS were on and the car was making noises. He is claiming the cost to fix the car is $400 and it was $125 for the towing and storage. RECOMMENDATION: That the City Council deny Claim Number 06-24, Erum Kolsy, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator has investigated the above incident and it was concluded that all appropriate procedures were followed. A Police Services Officer marked the Claimant's vehicle and tagged it with a warning card - she returned to find the car still parked in the same location over 72 hours later. Per Tustin City Code 5530(e) and California Vehicle Code section 22651 (k), the Police Department had the authority to have the car towed and stored at that point. The Claimant and the Police Services Officer were both present at the time of the towing, and no police or tow company personnel were observed touching the vehicle's engine. This a case of no legal liability on the part of the City of Tustin, therefore, it is recommended the claim be denied. Ronald A. Nault Finance Director ATTACHMENT: Copy of Claim No. 06-24 ConsiderationOfClaimOfErumKolsy.doc 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 (Government Code S 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 S 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 delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780. CLAIM AGA~ THE CITY OF TUSTIN (For Damagevz:or per.sonal Property) Received Via: ~rJ',.:..'. , o U.S. Mall "" " o Inter-Office Mail ~;j., .' B,Overthe Counter ~"'fl. ,Time Stamp: Claim No: 1. Name and Post Office address of the Claimant: Name of Claimant: ~~! ' 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: 5 '~IY)(' "'" ( f:j!:,,,,,) "'- Post Office Address: Telephone: 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: Time of Occurrence: J: 3 0 ? fY) 4. (-:(/1;::.4 -:J Page 1 of4 5. The name or names of the public employee or e oyees causing the injury, damage, or loss, if known. / " 6. If amount claimed totals1.:ss 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.) -f 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 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 City of Tustin renuests that you answer the followinn nuestions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: ~ '.-wnWv' ~n+ ~~ y L \ ~ ~-^---,'yv(\ ~( ~o..LD C.\ll<~ ({{\<!. Tc>yj lY""!! .:) G()i'j +'vv Cl D.i'd \~;\ ~(. .-/ ~1S \0< \\rI "'0'6) (). 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 ~lnY medical bills or reports or slmifar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Address: Telephone: Insurance Policy No.: Insurance BrokerlAgent: Address: Telephone: Claimant's Veh. Lie. No.: Claimant's Drivers Lie. No.: Vehicle Make/Year: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 014 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 corners. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "8" 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 et 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. 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 m ""+-- -Ob qq CYlC.V' C.>(Um u '4DL <; ~ I ~o-\--+hs c~'{ i\/'o I ( . \l/OAin lA-3D hOrh Clbuvi- OAk me CCy uk" r1 ;Jood CO!JiIOI) a/;J No et\jllj -UJht- OY lAbS ~y bW ~u c- C e v\'J!, CYJ . . . lA\(I(1j nOfi'c:-s c;.TIc!- e(\~ilJ l,{jlk--c,bc on. CaS+- K1YCO +0 f\~cd ~+- 50 ~ Md' $) /;;r f j)Aj +tfIY lOw frt/(t TkoY 7.( NO 0, - j" "j '/~,.,/ f7<(j(/Y71 0/).1-// ..)11 I7 c Y ,;? If I I(!.':!,yf 0'1- 2 I'Ll v V..J ( U a 717 cy 1UShl) (/1)) fijuJ tn,') LCv tJ 0 iC{!rcSOf1 r lC v I dJ (1)/ - OC'lnag? c1! ,f{)!g.~ CJJ ~?:S- ,Jc) !IC(;J c (~.".. c:':"_-_.--~- / 'I!" 1 Ii J. "/ (..,'..,/'(1/1t) - :rl.. ?_~..J.,!,e0 /f./ iC-"'fl '~. !- ..-. f , SANTA ANA TOWING 2550 S. GARNSEY ST. SANTA ANA, CA 92707 INVOICE ERUM USMAN KOLSY Inv#: 2963-,5 Date: 07/19/20(16 Call#: 336755 99 CHEV / RED (CA) Dis: Arr: InT: Clr: 14:38 14: 53 15: 13 15:41 Storage/ IN: 07/18/2006 Storage/OUT: 07/19/2006 Agency: 2TPD Ref#: 06-05521 Lot.: Sl Time: 10:36 Key#: YES ";,Towed From: DEL AMO/MITCHELL 'Towed To: 2550 S GARNSEY ST-SA Retowed To: Driver Unit Description Qty. Price Extended 304 153 TOWING-FLATBED Storage 1. 00 1. 00 100.00 100."( 25.00 Per Day 25.II( ---------- ---------- 'fayment: CASH TOTAL. . . . : RECEIVED. : BALANCE. . : 125. 'IG 125.110 O. (IC I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT I AM LEGALLY AUTHORIZED AND ENTITLED TO TAKE POSSESSION OF THE VEHICLE DESCRIBED ABOVE AND ALL PERSONAL PROPERTY THEREIN. Customer Signature