01-22-2002 - Acuna, Alibutod, Arciniega, Azelton, Brenes, Hajirnia, Hernandez, Herrera, Manago, Cabreza, Razon, Serrano, & Smith VS. City of West Covinav
• • City of West Covina
MEMORANDUM
A GENDA
TO: Andrew G. Pasmant, City Manager
and City Council ITEM NO. C-3g
FROM: Erin Patricia Hoppe DATE January 22, 2002
Risk Manager
SUBJECT: ACUNA, ALIBUTOD, ARCINIEGA, AZELTON, BRENES, HAJIRNIA,
HERNANDEZ, HERRERA, MANAGO, CABREZA, RAZON, SERRANO
AND SMITH VS. CITY OF WEST COVINA
SUMMARY: On October 3, 2001, the City Clerk's Office received a claim for inverse
condemnation, trespass, dangerous condition of public property, and nuisance in
the amount of $5,00.0,000 relating to an alleged slope failure on public property.
BACKGROUND:
This claim arises from an alleged hillside slope failure that occurred on public _property owned
and/or maintained by the City of West Covina. The claimants allege that the City's storm drain
system constitutes a dangerous condition of public property. Claimants contend that the storm
drain system allows excessive water to leak from' the utility system resulting in continuous land
movement both to the City's property and that of the twelve claimants' properties located in the
2400 block on Belinda Street. The land movement. allegedly has caused and will continue to cause
substantial damage to claimants' properties. The claimants also allege severe emotional distress as
a result of the conditions and costs incurred in connection with their investigation into the cause of
the damage to their properties.
.DISCUSSION:
An investigation by the Public Works Department does not substantiate liability on the part of the
City. A City crew completed an inspection of the entire storm drain system at the Belinda Street
location and no leaks were detected. A geotechnical study of the slope concluded the cause of the
land. movement to be differential fill settlement and expansive soil movement. There is no
indication that the distress in the structures is related to any slope creep. In addition, visual
investigation of the structures found that inadequate drainage is a major contributor to the distresses
in the structures.
After a review of the investigation, in this.matter, staff and the City's Claims Administrator at that
time, Colen and Lee, determined the City was not negligent in its maintenance of the slope and
recommend denial.
As you are aware, since all claims should be considered potential lawsuits, it is requested that all
Councilmembers refrain from making specific public comments so as not to prejudice any claim.
Specific questions should be referred to the City Attorney.
RECOMMENDATION:
It is recommended that the .claim of Acuna, Alibutod, Arciniega, Azelton, Brenes, Hajirnia,
Hernandez, Herrera, Manago, Cabreza, Razon, Serrano and Smith, filed on October 3, 2001, be
denied and the claimants' attorney be so notified.
Prepared by: Reviewed & Approved by:
i
I r -z, dJ�e Yr�vri
Debbie Dominguez
Safety & Claims Manager
Erin Patricia Hoppe
Risk Manager