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AGENDA ITEM
July 8, 2014
TO: Honorable Mayor and
Members of the City Council
THRU: John W. Sibley
City Manager — 004-1 —
FROM: Denah H. Hoard,
Assistant City Attorney
ReviewedNeri ed By:
City Manager.
Finance Direct r
To Be Presente
X Cons Calendar _
City Mgr Rpts
Council Reports _
Legal Affairs
Boards /Cmtes _
Public Hrgs
Admin Reports
Plan/Environ
1. SUBJECT
Claim(s) for Damages.
2. SUMMARY
The following claim(s) have been received and investigated by the City Attorney's Office
and/or the Risk Manager. After a thorough investigation with the involved departments, it is the
recommendation of the City Attorney's Office that the claim(s) be denied:
a. Maria Lopez
b. Lupe Aymerich
c. Rocky Gutierrez
d. John W. Wierman
e. Jung Ae Jikim
£ Bruce Eliason
g. Kim Loan Pham
h. Mercury Insurance Group subrogee for Winston and Ahuva Ho
3. RECOMMENDATION
Deny claim(s) and refer to City Attorney and Claims Adjuster.
4. FISCAL IMPACT
None.
ITEM # 3. 1 (P_ 1 7/8/14
5. STRATEGIC PLAN GOAL(S)
2. Be a fiscally healthy community.
Strategies:
Expend fiscal resources responsibly.
6. GENERAL PLAN IMPLEMENTATION
Claim for denial.
Infrastructure Element Goal 3.0, Policy 3.2
7. DISCUSSION and BACKGROUND
a. Claim for damages from Maria Lopez alleging property damage when a tree hit her
vehicle during a high wind event.
b. Claim for damages from Lupe Aymerich alleging sewer back up was caused by a City
tree.
c. Claim for damages from Rocky Gutierrez alleging property damage when a tree limb
fell through the windshield of his parked vehicle during a high wind event.
d. Claim for damages from John W. Wierman alleging property damage when a tree fell
on his block walk during a high wind event.
e. Claim for damages from Jung Ae Jikim alleging property damage to a light after it
was struck by City contractor vehicle.
f. Claim for damages from Bruce Eliason alleging personal injury while riding as a
passenger which was rear -ended by a City vehicle.
g. Claim for damages from Kim Loan Pham alleging personal injury when she hit a
parked police vehicle while riding her bicycle.
h. Claim for damages from Mercury Insurance Group subrogee for Winston and Ahuva
Ho alleging property damage to copper pipes caused by water supply additives.
8. ATTACHMENTS :==1
None.
ITEM # 2 7/8/14