CITY COUNCIL AGENDA REPORT - La Canada Flintridge by hedongchenchen

VIEWS: 9 PAGES: 13

									                                                                                                         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
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                                                  Cal~iorn~a           (818) 790-8880   FAX (818) 790-7536
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 9. Name of insurance company and issuance paynmtt(s)             -d if any:
 I 0. Names and address of all w-,
                                is           hospitals, -s
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      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
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                    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
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      I a City Vehicle was invulved. daign&eby kacr -A" locstkm of C i i Vdidc
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                                                                                             suw           bution of yawdf o your vehicle III Ule time of the
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   accident by m 1and the point of impact by 'X."
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                                                              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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