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Agenda Item 5 CM Review: IP4/ Fiscal Review: CITY COUNCIL AGENDA REPORT MEETING DATE: April 18, 20 11 SUBJECT: Claim of Roderick and Brenda Lipscomb. Date of Incident: December 20,2010 Claim No.: C-11-01 BY: Carl Alameda, Senior Management Analyst REQUESTED ACTIONS: Deny claim and direct staff to send standard rejection letter. FISCAL IMPACT: None. DESCRIPTION: On February 11, 201 1, Roderick and Brenda Lipscomb submitted the attached claim seeking compensation for damage to their vehicle totaling $2,646.65. The claim alleges that the claimant's vehicle, while traveling westbound on Verdugo Boulevard on the evening of December 20, 2010, was damaged when they drove into the median island and into the City moment sign located inside the island. The City monument sign was previously struck on December 10, 2010, at 1050 a.m. (daylight hours) by a driver who was "texting while driving". The driver in this accident was cited by the Los Angeles County Sheriffs Department for violation of CVC 23123.5(a) for use of a wireless device while driving. After this collision, the City placed the moment sign back into place upright. On the evening on December 20, 2010, the yellow reflective curb paint was present on the concrete rim of the median island and the at-grade street reflectors were also present. Both these items are sufficient measures to notify an alert driver with properly operating headlights of the presence of the median. The claim has been evaluated by Carl Warren and Company, the City's third party claims administrator engaged by the California Joint Powers Insurance Authority. Both Carl Warren and Company and City staff recommend that the City Council reject the claim and direct staff to send a standard rejection notice to the claimant. OPTIONS: 1. Deny claim and direct staff to send standard rejection letter; 2. Accept claim and direct staff to work with claimant to determine an appropriate settlement; 3. Provide direction to staff; 4. Request a closed session meeting to discuss the merits of this claim. RECOMMENDATION: Option # 1 - Staff recommends that the City Council deny the claim and direct staff to send standard rejection letter to the claimant. ATTACHMENTS: 1. Claim of Roderick and Brenda Lipscomb and photos submitted. 2. Copy of letter to Claimant noticing City Council meeting. Boulevard 1327 Footh~ll La Canada Fl~ntridge 91011-2137 Cal~iorn~a (818) 790-8880 FAX (818) 790-7536 . . . . .- . . . .. . . . .. - uas L U U A ~ 4 pu4RSX3aa - * L c ym - p x T m n p x a A uu p a h o q q s a ~burarxp sen yajxapoa] I s e . p a x m a o o oqne ~ O T - epuoH m o oq abTm€?p aq;G ~ ~ ~ ~ ! p p s ~ ) ~ ~ p w ~ - ~.P Sv :S -q :m ~ Z ~ J T J Z F m :mva :w x a q qa!qm mag w= r,= ~ J O *E 69- - : ~ ~ ~ ~ ~ ~ A P P ~ ~ ~ ~ ~ O ? -Z P 9 L L - 0 6 s (8 1 8 ) ' O N E f N O H d 7 1 3 3 ~ n 8 ' P 1 9 8 8 -06L U ~ ~ L ~ ) ' o N ~ B ~ ~ '3 U L LO16 Y 3 - - ad e~me38.1 : 8 ~ d l Z / 3 J , V . & S / I U I 3 '9 . s s o z a ~ a qE Z L ~:wvmvmi(osmmaav - quroasdfq epuaza pue qmoasarl yayzapotl :-sow -I v I N l m m w 2 ~ V ~ ) r I d - 9. Name of insurance company and issuance paynmtt(s) -d if any: I 0. Names and address of all w-, is hospitals, -s r, etc. a 2 i = s c & x h x ~ - y - . m-iv~rs ~~~= 4456 b. Cloud Ave.. L a Crescenta, CA are witnesses to o u t a u t o tire and C. bodv damase. I I . A ny additional information that might be helpfbl in consid&g claim: - T h e . a b o - e 8 two f r ~ ~ k r f v e = ? ~ ~ r L e d o us v L b t the ir rs t comnanv trucks had +.owed awav tsro other autos damased i n ( S e e pg3) PLACE: Give exact and specific location, use the diagram below. show whtre mcident ocaand,please include sheet names, add-e's, etc. (as approximate). .. READ CAREFULLY For all accident claims d.cc on the fdlowing di.gnrm wmes of stted~, iocludingNorth. E q SarrdS dWest Pleuc indide p k c o axident by 'X" and by showing . f house numbas o dipl.aas t SUCCI arm-. r o I a City Vehicle was invulved. daign&eby kacr -A" locstkm of C i i Vdidc f p a fm it, md by "Em suw bution of yawdf o your vehicle III Ule time of the r accident by m 1and the point of impact by 'X." E " FOR AUTOMOBILE ACCIDENTS 1 I 1 I i T R ke.rdlga Divd LCF FOR OTHER ACCIDENTS WARNING: I I A CRXMZNAL OFFENSE TO FILE A FALSE CLAIM (Penal Code #72; Inruraon Code gSS6.I) TS I have read the matters and statements made in the above d i m .ed I h o w the stme to k tret of my own Ireowledge, except as to those matters stated upon infonoatroo or bdkf and m to sack matters I bclkve the same to be true I certify under penalty of perjury that the foregoing ir TRUE and CORREV, Officeofthe City Clerk City of La Callada Flintridge 1327 Foothill Blvd. (ca Canada Flintridge, California Page 3 Continued: Claim Against the C i t y of La Canada Flintridge 4. in front of the subject center island. Having been driving at only about 22 mph, I applied the brakes, but was unable t o avoid driving over the island's curb, and having the tires, struts and body damages to our auto occur. Those damages, resulted, as the auto went over the curb and was scraped by the edge of the previously broken and displaced concrete base of the La Canada Flintridge City sign that had been smashed into, broken and removed, with broken light for that sign, although the torn electrical wiring for that sign and, a string of lights wrapped around the trunk of the island tree, to illuminate it, just east of the sign and its base, then unlighted, remained on the ground of the island, with a disconnected electrical connection box. Before our accident happened there was no other vehicle, ahead of our auto, as we approached the island, to illuminate the island. 6. be placed by 12/20/11, around the edge of that island, after the accident that occurred on the morning, at about 9:00 AM, 12/16 or 12/17/10, which accident, and the damage t o the subject sign, base, its light, electrical connection box, has been confirmed by the L.A. County Sheriffs Dept., La Crescenta office, and Crescenta Valley Tow Service drivers, and office staff. Based on the location and shape of the island, the sign, sign's base, tree and bushes on the island, the light on the island, and string of lights previously wrapped around the island tree, by the City of La Canada Flintridge, that were broken, and non-functioning, at the time of our accident, were essential t o enable approachingvehicles' drivers t o see and avoid that island, particularly after sunset, and during reasonably anticipated severe, winter, stormy weather conditions. As those lights were non-functioning, as a result of the previous accident, the City of La Canada Public Works Dept. should have, but failed within a reasonable time to provide lighting, or reflective barricades t o be placed around the island's edges, that would have, most probably prevented our accident, and the several other accidents, from happening, that occurred before or on 12/20/10, due t o the extremely dangerous condition, that was known by the City of La Canada Flintridge t o exist, and that was permitted t o exist. 7. not yet paid for: damaged front bumper, left fender and left side of our auto. Also, expenses for processing of property damage and scene photos. Just Tires: Parts and Labor...........................................................$380.27 JLR Performance Automotive: Parts and Labor......................... $742.41 FedEx: Photos.................................................................................. 39.09 $ Gene's Paint and Body Shop (estimate)....................................$1,484.88 (Copies of Bills and Estimate Attached to this Claim) Page 4 Continued: Claim Against the City of L Canada Flintridge a 1 . the preceding evenings, in the same manner as our auto, at that location. 1 Also, as we waited ,for about 90 minutes, after our accident, for a tow truck to tow our auto from the accident scene, after we had moved our auto to the curb on Verdugo Blvd's north side, another car drove onto that island and was damaged, also, with its two left side tires blown out. Immediately, after I reported our accident on the morning of 12/21/10, at the City of La Canada Flintridge Public Works Dept. Office, its crew was dispatched t o place many reflective barricades around the edge of that island, which barricades remain there today. The following is information regardingthe photos attached to this claim: Pg 5. Photos: Top Photo - Driver's view on 12/20/10, before reaching subject island, taken at about 6:10 P.M. Photo shows extreme adverse weather conditions that evening due to very heavy fog and rain, which caused severe darkness, and the large amount of rain puddles on the street that obscured a driver's view of the street's, center island and lane markers. Bottom Photo -Same view, taken on 12/21/10, at about the same time. Photo shows an obvious difference in weather conditions, as it was a clear, moonlit night, with no fog or rainstorm, and good visibility, and after reflective barricades been installed, before noon, on that day. Pg 6. Photos: Top and Bottom Photos -Views of island taken on the afternoon of 12/21/10, after the barricades were installed. Pg 7. Photos: Top Photo - View of displaced and broken concrete base of the sign. Bottom Photo -View of the broken, turned-over concrete base of the sign. - Pg 8. Photos: Top and Bottom Photos - Broken electrical base of light that illuminated the sign prior to the date of the 12/16/10 morning accident. Pg 9. Photos: Tor, and Bottom Photos - Damage of 2 tires. Pg 10. Photos: Top and Bottom Photos of Auto Body damage. Pg 1 .Photo: 1 Phot0 of Damaged strut.
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