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01-20-2004 - Raul Perez vs. City of West CovinaJOCI City of West Covina MEMORANDUM TO: Andrew G. Pasmant, City Manager and City Council FROM: Erin Patricia Hoppe Risk Manager AGENDA ITEM NO. B-2e DATE January 20, 2004 SUBJECT: RAUL PEREZ VS. CITY OF WEST COVINA RECOMMENDATION: It is recommended that the property damage claim of Raul Perez be denied and the claimant be so notified. DISCUSSION: This claim arises from a sewer water backup that occurred at claimant's residence located at 746 Hollenbeck Street. The claimant alleges that while L.A. County workers were flushing out the sewer line, water came up through his shower and toilets flooding several rooms. The flooding caused property damage to his home and possessions. The amount of claim ,had not been determined at time of presentation. An investigation by the Public Works Department does not substantiate liability on the part of the City. Southwest Pipeline, a private contractor hired by L.A. County, was completing the work at this location. Since the flooding is directly related to the L.A. County project, the claim has been tendered to Southwest Pipeline for further handling. After a. review of the investigation in this matter, staff and the City's claims administrator, VeriClaim, determined the City was not negligent 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. FISCAL IMPACT: Unknown at this time. Prepared by: Debbie Dominguez Safety & Claims Manager Reviewed & Approved by: Erin Patricia Hoppe Risk Manager