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CC - Item 4A - Staff Report Authorization to Reject Claim Against the City- Tranquilina Murieta M E p®�'� staf r. ' teport TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: NANCY VALDERRAMA, CITY CLERK DATE: OCTOBER 6, 1998 RE: AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY- TRANQUILINA MURIETA The attached claim was received in this office on September 21, 1998. A copy was sent to the City's claims adjuster, Carl Warren & Company on September 22, 1998. Carl Warren& Company sent a notice on September 28, 1998, recommending that this claim be rejected by the City. RECOMMENDATION It is recommended that the City Council approve the rejection of this claim and authorize a letter of rejection be sent to the claimant. COUNCIL AGENDA wp agenda C C i 131998 ITEM No. ad_g II RECEIVES September 23, 1998 CITY OF ROSEMEAD SEP 2 L1998 CIT!CLERK'S OFFICE TO: City of Rosemead ATTENTION: Nancy Valderrama, City Clerk RE: Claim Murieta v. City of Rosemead Claimant Tanquilina Murieta D/Event • 27-Apr-98 Reed Y/Office : 21-Sep-98 Our File S-100195-SWQ We have reviewed the above captioned 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. If you have any questions please contact the undersigned. Very truly yours. CARL WARREN & COMPANY Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANACEMENT.CLAIMS ADJUSTERS 750 The City Drive•Ste 400•Orange,CA 92868 Mail:P.O. Box 25180•Santa Ana,Ca 92799-5180 Phone:(7141740-7999 FN an•tam v7v-anon.“v•nln)ann o1I, (tdc� osetriead nY IAt� " 0 I3A II RCA.KCol ti; RK, 6830E VALLEY BOULEVARD . PO BOX 393 coVucVn-curees e-GA9K ROSEMEAD.CALIFORNIA 91 770 - IMPES.n1 TELEPHONE 162612'89.6571 6Aw A .A-(,e . FAX 1526)307-9218 September 22, 1998 • Dwight J. Kunz Senior Account Manager 750 The City Drive, Suite 400 Orange, CA 92668 RE: TRANQUILINA MLRIET.A Dear Mr. Kunz. The attached claim was received on September 21, 1998. The City does not have any prior information on this claim. Please advise as to the steps you wish to take in this matter. Sincerely, j NANCY VALDERRAMA City Clerk Attachment cc: City Attorney c:am„1 adj11a FILE WITH: CITY CLERK'S OFFICECLAIM FOR DAMAGES RESERVE FOR FILING STAMP TO PERSON OR PROPERTY CLAIM NO. — INSTRUCTIONS - RECEIVED 1.Claims for death,injury to person or to personal property must be filed not later than six CITY OF ROSEMEAD months atter the occurrence.(Gov.Code Sec 9112) 2.Claims for damages to real property must be filed not later than 1 year after the occurrence. SEP � 11JJ0 (Gov.Code Sec.911.2.) 3 Read entire claim form before filing. 4.See page 2 for diagram upon which 10 locate place of accident. . S.This claim form must be signed on page 2 at bottom. CITY CLERK'S OFFICE 6.Attach separate sheets,if necessary,to give full details.SIGN EACH SHEET. Date of Birth of Claimant TO: CITY OF ROSEMEAD, 8838 E. .Valley Blvd: , Rosemead 91770 —7 — ',�-3e Name of Claimant Occupation of Claimant TreAnCu\coo MUrie1-C1 t me Ad..ressn Claimant Cityand( to Home Tel phone Number �� E. �h�.li s1 2r M��rXCA AI r-I-- BusinessAddress ofClaimant City and State Busse Telephone Number Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No. r g rdi g tcl im: 10his f�/ ishIrf. -7 vd4i7,70.9 LA-1rPcqts 7 r 21 — ( 1900 When d DAMAGErVNJURY occur? Names of any city employees involved in INJURY or DAMAGE Date '' Z-i_-7 Time ID•OQ FLA/1. II claim is for Equitable Indemnity,give dale claimant served with the complaint; 1,�pJ Date yrn1p/ `�o V 1 Where did DAMAGE or INJURY occur?Describe Tully,and locate on diagram on reverse side of this sheet.Where appropriate,give street names and address and measurements from landmarks: 05`-12 `-Ur,A Aad C \ Rim-coo Describe in detail how the DAMAGE or INJURY occurred. I CI1eraj-' was —1—+—av i01 NIB on De.. ! ,-nc112 why z)veIcie)ly no*-, Tom\ n G 0,\(- c2 k" No\& Ccv1/7,n 21� \r; • aavvi T.`� Ckt Ci C\.y.ey'v\- pr - - -1-v(. Why do you claim mtthe city is responsible? ) exc Irl l- �c'f i, (, L.v/ U✓a i.) N ( 1 j, , ( n cL , ,lL - , (/ Describe in detail each INJURY or DAMAGE , • � L;,b axe ' , i'�-zty.77u�- e,vc" _ rAirct- 'oe c, l�/,pv„L I ) ('� •'S lel f 1 (� I 1 U' U-��d.n.=c. •` \ /" s- SEE PPE 2 • ER) r r THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation of this claim,is computed as follows: Damages incurred to date(exact): Estimated prospective damages as far as known: Damage to property S333:51021_... Future expenses for medical and hospital care . . .3 CC Expenses for medical and hospital care S OD Future loss of earnings S 0 Loss of earnings S Other prospective special damages 5 it Special damages for - S 7 Prospective general damages 5 //. • O Total estimate prospective damages 5 F General damages S Total damages Incurred to dale S / 10`f' Total amount claimed as of date of presentation of HO this claim: $ ( it.)5�//70 �l CO• Was damage and/or injury investigated by peIf so,what-chty? / `V Were paramedics or ambulance called? If ? , [Il so,name city or ambulance /7) 0 If injured,state date,time,name and address of doctor of your first visit WITNESSES to DAMA E or INJURY:List all persons and addresses of persons knovmpo have information: Name / Address N II ,^ Phone Name A / �/ Address rJl"-I/JI Phone NamejT(l/ { Address Phone DOCTORS and HOSPITALS: Hospital AddressDate Hospitalized Doctor fib r(1V)orf Add ress/d-ih N . V-CAynio44 Pnr-e'Date of Treatment 6-/' .2--S - Doctor Address Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle;location of City vehicle including North, East.South, and West;indicate place of accident by at time of accident by"A-i"and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners the time of the accident by"B-f" and the point of impact by"XI' If CM Vehicle was involved, designate by letter"A"location of City NOTE: If diagrams below do not fit the situation,attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. ./0/. ////7/. — — SInEWALK CURB S Se- CURB PARKWAY / I / SIDEWALK ._ / Signature of ClaimantPers' ing on Typed Name: Date: his behalf giving relati hip to imant Larry Mock. NOTE:CLAIMS MUST BE FILED WITH CITY CLERK(Gov. Code Sec. 915a). Presentation of a false claim is a felony(Pen. Code Sec. 72.) 411. -13' 9'' !7I'1'I 14: 24 CM OF ROSE12.B TEL: 818-30 -92'8 P. EXHIBIT C facsimile TRANSMITTAL to: James Foster fax #: 1-213-452-4186 re: Lease for Garvey Avenue Site--Rosemead date: August 13, 1998 pages: 1, including cover sheet. This fax is a follow-up to the telephone message I ]eft for you on 8/13/98 at 3:00 p.m. The City has had an opportunity to review the draft lease and has the following comments: 1) The City's insurance is $$50,000,000. 2) As we discussed previously, the City wanted a longer lease term than five (5) years. During my discussions with you and with your predecessor, I was told that the Army Corps cannot process a lease for term exceeding five (5)years. The City understands that you are abiding by a regulation regarding this term. However, the City must take this lease before the City Council for approval. In order to explain this provision to the City Council, we need a copy of the administrative law or regulation that limits this lease to a five (5) year period. Otherwise, the City is okay with the balance of the lease provisions. I understand that a $100.00 must be sent prior to lease execution. Will you prepare lease and send to us for our signature to return with check prior to your execution of the lease? Please fax a copy of the regulation to me at 626-307-9218. If you have any additional questions, please do not hesitate to call me at 626-288-6671. Thanks! From the desk of_. • Lisa Lisa A. Baker Grants Coordinator City of Rosemead 8638 E.valley Blvd. Rosemead, CA 91770 626-288-6671 Fax: 626-307-9218