03.15 Claims for Damages April 2019 �oF o��
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April 9, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Ryan E. Lumm, Assistant City Attorney R�
REVIEW: City Mana r � inance ��
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 with the involved departments:
1. Octavio Fletes
2. Mercury Insurance a/s/o Jessica Patsos
3. Eleanor Somers
4. Mark Somers
5. Kelly Alcala
6. Allstate Insurance a/s/o Oscar and Teresa Brandi
7. Mercury Insurance a/s/o Miguel Barrios
3. RECOMMENDED ACTION.
Deny claim(s) and refer to City Attorney and Claims Adjuster.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expand fiscal resources responsibly.
6. DISCUSSION AND BACKGROUND
1. Claim for damages from Octavio Fletes alleging property damage to his vehicle
when he drove through a pothole.
2. Claim for damages from Mercury Insurance a/s/o Jessica Patsos alleging property
damage when a tree fell on insured's vehicle during a high wind event.
ITEM �J� � 4/9/2019
3. Claim for damages from Eleanor Somers alleging personal injuries when she
tripped and fell on an uneven sidewalk.
4. Claim for damages from Mark Somers alleging loss of consortium after Eleanor
Somer's alleged trip and fall on an uneven sidewalk.
5. Claim for damages from Kelly Alcala alleging property damage due to obstructed
main water line.
6. Claim for damages from Allstate Insurance a/s/o Oscar and Teresa Brandi alleging
property damage when a tree fell on insured's vehicle during a high wind event
7. Claim for damages from Mercury Insurance a/s/o Miguel Barrios alleging property
damage when a tree fell on insured's vehicle during a high wind event.
7. ATTACHMENTS
None.
ITEM 2 4/9/2019
CITY COUNCIL MINUTES APRIL 9, 2019
3. CONSENT CALENDAR(Continued)
3.13 Appropriation of $544,382 in State of California Office of Emergency Services
funding received. (C2500.H)
ACTION: 1) Accepted into the city's revenue budget $544,382 in strike team
reimbursements from State of California Office of Emergency Services and authorized the
appropriation of$544,382 to the following expenditure account numbers:
100.3021.50221, General Fund—Overtime-Safety $522,680.69
100.3021.53860, General Fund—Strike Team Expenditures 21,701.31
$544,382.00
3.14 Final Acceptance of Bid No. 189-04; Exterior Painting at the Main and Branch
Libraries; and authorization to file Notice of Completion with the County Recorder.
(A2100.0; AGR-6653)
ACTION: Accepted Exterior Painting at the Main and Branch Libraries project as
complete; and authorized the Mayor and City Clerk to execute the Notice of Completion.
3.15 Claims for Damages. (C3200.0)
ACTION: Denied the following claims for damages and referred to City Attorney and
Claims Adjuster:
a. Octavio Fletes
b. Mercury Insurance a/s/o Jessica Patsos
c. Eleanor Somers
d. Maxk Somers
e. Kelly Alcala
f. Allstate Insurance a/s/o Oscar and Teresa Brandi
g. Mercury Insurance a1s/o Miguel Barrios
3.16 Award of Contract to All Cities Engineering,Inc.for Community Development Block
Grant Americans with Disabilities Act Wheelchair Access Ramps at Various
Locations Project Fiscal Year 2018-19; Bid No. 189-21. (A2100.0; AGR-6754)
ACTION: Awarded the contract in the amount of$207,910 to All Cities Engineering, Inc.
of Jurupa Valley, California and authorized the Mayor and City Clerk to execute on behalf
of the City.
3.17 Award of Contract to All American Asphalt for Annual Pavement Maintenance at
Various Locations Project Fiscal Year 2018-19; Bid No. 189-23.(A2100.0;AGR-6755)
ACTION: 1) Authorized the transfer of $275,000 from 263.5011.56330.20187, Tustin
Street Rehabilitation to 263.5011.56330.13120, Pavement Management Program; 2)
Awarded the contract in the amount of$5,369,997 to All American Asphalt of Corona,
California and authorized the Mayor and City Clerk to execute on behalf of the City; and
3)Authorized the City Manager to approve contract change orders up to 5%of the contract
amount.
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