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Home My WebLink AboutCity Council Item No. 4CITY OF LAKE G � ` DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JUNE 9, 2009 SUBJECT: CLAIMS AGAINST THE CITY Background Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators. When received, each claim is logged in the City Clerk's Office and forwarded to this company for investigation. After initial review and investigation, direction is issued to the City to take one of several actions such as rejection, notification of late claim or reservation of action until further information is obtained. Discussion The following claims have been recommended for rejection by Carl Warren & Company: CL# 2009 -8 - 2009 -10 - Fiscal Impact None. Recommendation Dawn Berning Melissa Marquardt Reject the claims listed above and direct the City Clerk's Office to send a letter informing the claimants of the decision. CC June 9, 2009 Item No. 4 Page 1 of 16 Claim Against the City June 9, 2009 Page 2 Prepared by: Jessica Guzma Office Specialist Reviewed by: Debora Thomsen City Clerk Approved by: Robert A. Brady City Manager 1� CC June 9, 2009 Item No. 4 Page 2 of 16 TO: The City of Lake Elisinore ATTENTION: Jessica Guzman, Office of the City Clerk RE: Claim Dawn Berning v Lake Elsinore Claimant Dawn Beming D/Event 04/18/09 Recd Y /Office 04/30/09 Our File 1496197 DBQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIMREJECTION. Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, C NoBeen N & COMPANY D CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 572 -5200 . (800) 572 -6900 . Fax: (714) 961 -8131 CC June 9, 2009 Item No. 4 Page 3 of 16 CITY OF LADE L LSIIYOI -E I DaEA �.. April 30, 2009 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on April 30, 2009 from Dawn M. Berning (CL #2009-8). Please keep me advised of appropriate City Council Action. For further Sincerely, Enclosure 951.674.3124 130 S. MAIN STREET LAKE ELSINORE. CA 92530 W W W. LAKE -E LS I NOKE.OKG me at (951) 674 -3124 ext. 269. IALIST CC June 9, 2009 Item No. 4 Page 4 of 16 CITY 0F LAKE LSINOBJEt IV DREAM EXTREME AGAINST T I HE CITY OF LAKE ELSINORE Damagam Persons or Personal Property) A claim must 111004111 six (6) months after the agaInst the City Of Lake Insufficient plane um paragraph number. Cor Cilty Clerk, City of Lake jk,Clo C ft City of Lake Elsinore wifflin or event oommul. Be sure your claim Is i, not anot pubilo entity. Whomapitoo Is Deal paper and 10w* Information by claims must be malled or delivered. to the a, 130 South Main Street Lake EWM*, APR 3 0 CITY CLERKS OFFICE The undersigned respectfully submits the following claim and Information relative to damage to persons and/or personal property; 1. Name of Claimant Dauala IT; f, (- ri i ia a. Addres b. Phone d. Social � 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: � A 3. Occurrence or event from which this claim arises: a. C. d. How many and under what circumstances did damage or injury occur? Specify the particular oocurrGnces, event, act or omission paper If necessary). �. p e -e- a. Mat particular 7ti �OLon by thp City of Its at / Q b4e OLVL U14 1/2 caused the injury or damage (use additional I C A � I'M nployees, caused the alleged damage or injury? ?A k' J CC June 9, 2009 Item No. 4 Page 5 of 16 d . 4. Were there any injuries at the time of this accident? If not, state "No Injuries. 5. Give the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 6. Name and address of any person injured: 1 y i . , 1� 7. Name and address of the owner of any damaged property: i ccUO r'1 i' >'`l ? er 0 � i` k", 8. Damages claimed: a. Amount claimed as of this date: $ x b. Estimated amount of future costs: c. Total amount claimed: $ _ ! i 1 "LL d •_1 {' ) � + .' � 2. r d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 9. Names and addresses of all witnesses, hospital, doctors, etc �- a. b. C 10. Any additional information that might be helpful in considering this claim: Warning: It Is a criminal offense to file a false claim! (Penal Code 72Hnsurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct. Claimant's Signature Date CC June 9, 2009 Item No. 4 Page 6 of 16 City of Lake Elsinore City Clerk's Office 130 E. Main St. Lake Elsinore, Ca 92530 To whom it may concern, At around 5:30 p.m. on April 18` I was driving Southbound on Corydon St. in Lake Elsinore shortly after turning from Mission Trail I encountered several vehicles veering to both the right and left. 1, not being able to see that far slowed down and proceeded straight down Corydon only to feel a huge thud to my vehicle. The vehicles in front of me were going all over the road trying to avoid several square shaped freshly dug holes into the street and I trying to avoid the other vehicles could not miss the hole. My vehicle then lost tire pressure to my right front tire. I immediately pulled over and called AAA. As myself and several others were on the side of the road checking our cars I decided to take pictures because to have so many deep holes left unfilled and unmarked was ridiculous. There were no signs, no cones nothing to warn anyone. And there easily could have been a head on collision the way people were swerving. As I got back to my car a man from one of the frontal shops on Corydon, Performance Glass had come down to see if I needed help. I got his card and he said he had placed some cones to warn upcoming vehicles of the danger. AAA showed up and replaced my rim and tire with the spare. The damage to my rim is a bend and a crack and the tire is blown all at a slow rate of speed. I have attached photos of the holes and street showing no warning signs or cones of any kind. Also, no temporary filling of the holes, just wide open holes. There are also pictures of the rim damage and all estimates of replacement costs and services. Thank You; CC June 9, 2009 Item No. 4 Page 7 of 16 4-26-09 To whom it may concern, On April 18, 2009 around 5:45 I saw several cars swerving to the left and right of the road on Corydon. Come to find out, these cars were swerving because of a huge pot hole. Dawn Berning hit that pot hole. Because of it she popped a tire and cracked a rim. If there were cones out like there should have been she would not of had this problem. I find this very irresponsible of the workers who just left a huge pothole in the middle of the street with no cones or sign or anything. If you have any questions you may reach me at 909 -583 -1293. Melanie Wright CC June 9, 2009 Item No. 4 Page 8 of 16 To whom it may concern; My name is Estefani Garcia, on April 18` at about 5:30 p.m. I was on Corydon St. in Lake Elsinore and had witnessed Dawn Berning hit a hole dug and left unfilled in the middle of Corydon St. There were cars going everywhere and many hit the holes. Many people pulled over to see the damage and Dawn's car had a flat tire and when the Auto Club showed it turned out the rim had been cracked and bent. She could not have avoided hitting it, as there were cars going all over trying and nearly hitting each other. The man came down from the glass shop and said so many people had hit the holes so he had placed some of his cones out there to try to help, being the people who were working just left it unmarked. If there are any questions please feel free to call me at (951)225 -2660. Estefani Garcia G' CC June 9, 2009 Item No. 4 Page 9 of 16 JW W IN E E L. S Name: Address: City: Tel.: WORK REQUEST JAW � [ m �� +i Date: F :1741 ^i 7 !` G7 ? Type of Car. ' . t n- Year: -- '!�'-�'� Mileage: m ;�� _ p �+ Stat @: �' Q Zip: FORM OF PAYMENT - G. [] Cash El Check Tech.: A y � G: ❑ Credit Card ❑ Finance HOW DID YOU FIND OUT ABOUT US7 QTY I MFG 20 ❑ MOUNT ❑ BALANCE ❑ Recycler t] Pacific Bell ❑ Newspaper 3'Referral 0Other Scar, P 1 `.`.'. ^^TAX ❑OEM WHEELS ❑USED TIRES ❑SHOCKS '-°" (A TIRE 0.ECY � —_ TOTAL '? t`!? CUSTOMER SIGNATURE X y� / �_. DEPOSIT i ll 1 �-� BALANCE WARRANTY IS LIMITED TO MANUFACTURERS DEFECTS, CUSTOMER ACKNOWLEDGES JW MOTORSPORTS IS NOT RESPONSIBLE FOR DAMAGE CAUSE' NY CUSTOM WHEELS. CUSTOMER REALIZES THEY ARE NOT ORIGINAL EQUIPMENT AND THEY MAY AFTER PERFORMANCE OF AUTOMOBILE. JW MOTORSPORTS WILL NOT BE RESPONSIBLE FOR CLEARANCE OF WHEELS ON AUTOS OR TRUCKS WITH LOWERED OR ALTERED SUSPENSIONS. 20 %CHARGE8 FOR RESTOCKING ON CANCELLED SPECIAL ORDEfl Customers are restricted from m.,im,a led $20 additional charge on all returned checks. Please check lug nuts after25 miles. Not responsible for goods left behind. No refunds or exchange on custom wheels 17119 Bellflower Blvd., Bellflower CA. 90706 Tel. 562 . 866 • 1761 Fax 562 e 867. 9316 N mm ' �i/I ®T /ON "C 961 E. Holt Blvd. • Pomona CA 91 Name: Lr N 1' 3�X?A /t' 909.622.1232 �� , Address: s_6;+ mp�'�i� t ai_.. i � 1�v l�h ..'� � y _ , .. / � ,�. !' � Phone: Re: Terms: Type of Sale; — 7 Qty Order iJ Description v li_. Unit t. .i .. If Amount i rf J� CC June 9, 2009 Item No. 4 Page 10 of 16 Tax Deposit TOTAL -- Ne,c 1 ar+e rcei,iuGmpvy ppL ppee,e,he lellarie{ muGeme o! pJCWa�mT ep vba4 iu 4meu!,o mmM�[mn Eclair [uumn ¢lvoali6b mu WAet4 NMarin� a pm mpeuible fw Euuge ouN by pq w,am pw q rbN ;WMN NMO,un vet dewl kh ke N ew', wwumtl,ri ne.N,w ouWuN mp m, im aawwmWa vetmlbe, w e a w b+ w L w 6 1 a % ge W M, All w n w sse Se rw No Io+GWomip,epy,vyup lo,bc cunume ,p N¢k am Iwal uC xme hew ,9ueier.eLide,eav4vm,. Ne rpnwy, No eeM6 No 6NVpu m W purtbue. e, u+ad Lwu we we u e.l ehn eFee le pY. SS.W urvi¢ aeebe lm e11 renwM fnxta. plue a 14 burn, pc-0 en YI upped be —. plm avll¢tlm ppd u,pmry !ss i! cpYaaiw tawrcp pem,ry. CON, wd Ma+que, d1 N{ pub pp YI rbeeL e!w J$ p,lln Net rt•pweTk!er W Own, Idl wa R M. n, ocomiipilcici T I R E S - S O S P E N S 1 0 N S Customer Signature ; - Date MC PAOTORSPORTS 18532 Pasadena Street Lake Elsinore, CA 92530 Name / Address dawn berning 29902 angler lane menifee ca 92584 Quote Date Quote # 4/20/2009 17 June em o. Page 11 of 16 Rep Project BD Description Qty Cost Total 20 inch Asanti 20 x 9 #AF 143 CUSTOM WHEEL 1 700.00 700.00T 245 35820 toyo TIRES I 395.00 395.00T Sates Tax 8.75% 95.81 Total $1,191.81 June em o. Page 11 of 16 wswNTl ASAN T I M: 1 43 111!1; I t FoN 1: AIANJ flM 1j,tl OiEl 1111!11111'oa"', IIINI.�IIUIY ASAN T I M: 1 43 May 27, 2009 TO: The City of Lake Elsinore . ATTENTION: Jessica Guzman, Office Specialist RE: Claim Marquardt vs. The City of Lake Elsinore Claimant Melissa Marquardt D /Event 5/14/2009 Recd Y /Office 5/20/2009 Our File . S- 1497198 -DBQ We have received and reviewed the above claim and request that you take the action indicated below' CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. I f you have any questions please contact the undersigned. Very truly yours, & COMPANY cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placenta Avenue, Place CA 92870 -6832 Mail: P.O. Box 25180 Santa Ana, Ca 92799 -5180 Phone: (714) 572 -5200 • (800) 572 -6900 • Fax: (714) 961 -8131 CC June 9, 2009 Item No. 4 Page 13 of 16 CITY OF LADE LSINORI DREA May 20, 2009 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on May 20, 2009 from Melissa Marquardt (CL #2009 -10). Please keep me advised of appropriate City Council Action. Fo Cely, 'ur sist -a ance, please contact m p at (951) 674 -3124 ext. 269. Si J M N. OFF �SPIST Enclosure 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92$30 WWW. LAKE- ELSINORE.ORG CC June 9, 2009 Item No. 4 Page 14 of 16 CITY OF ) rte LAME f�LSII�O DREAM EXTREME" CLAIM AGAINST THE CITY OF LAKE ELSINORE to Persons or Personal Property) Received by{ I Tirn B eej A claim moist tWffie with the City Clerk of the City of Lake Elsinore within MAY 2 p <3 six (fy) morp1 21tarifae incident or event occurred. Be sure your claim is agams VW6 2tfil ke Elsinore, not another public entity. Where space Is Insufficient, O 406 atlditbnat paper and identify information by paragraph i Complated claims must be mailed or delivered to the CITY CLERKS OFFICE City Clerk, City Of ;Lake Elsinore, 130 South Main Street, Lake Elsinore, Ca ua551n The undersigned submits the following Claim and information relative to damage to persons and /or personal property: Name of'Olaimant a. Address ¢. Phone No. c. Date of Birth d. Social Security No.. e. Drivers Lic. No. _- 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: '—�omP. 3. Occurrence or event from which this Claim arises: a. Date: 5l1 1 f0q b. Time: 1:?n c. Place (Exact and .specificlocation) Or D��J- SZJA risL,+ I,e -cue ' tie_+ 0" - He, deJ Nvrik Ivy tie. + -e&- (:,L— vv, cl A. I d. How many and under whatcircumstances did damage or injury occur? Specify the particular occurrences, event, act or omission you claim caused the injury or damage (use additional paper if necessary). M�j -V-1 re oonrne) an obNPC L 5 n -Yh p4m T+ I N Q SJn5: na 1 1 Iro 0Y�f EC7 aLnnj 2 . neheN Ih e)NA �rY i5'yr -1 . i n c i, F fl e. What particular action by the City of its employees, caused the alleged damage or injury? Rl C06 WW rin- e ttilh ie reh clCS .WU ^mrnlsSuy. CC June 9, 2009 Item No. 4 Page 15 of 16 4. 5. M DA 1 Were there:any injuries at the time of this accident? If not, state "No Injuries." Give the name(s) of the public employee(s) causing the injury, damage, or loss, if known. C'OM &n J W.0 ( t64 R A on (C> A� Name and address of any person injured: Damages claimed: a. Amount claimed as of this date: $ Z G S • 7S c. 'total amount claimed: $ 2 7 8 b. Estimated amount of future costs: d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.) Nai a: b, C. Any additional information that might be helpful in considering this claim �� Ghcylc�tilu `�'j'+ei� '�+� GtSO.�etn �GisJ afc7„'L. `�hYA�k1h �1-e �gcrne S�I- Warning: It is a criminal offenseho file a false claiml (P.enal Code 72/Insurance Code 556.1) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to.:ike true. I certify under penalty of perjury that the foregoing is true and correct. 5 1IgIog OpimanYs Sig�re / Date CC June 9, 2009 Item No. 4 Page 16 of 16 Name and address of the owner of any damaged property: