02-03-2004 - Mark Rubalcava vs. City of West Covina•'
City of West Covina
MEMORANDUM
TO: Andrew G. Pasmant, City Manager
and City Council
AGENDA
ITEM NO. B-2a
FROM: Erin Patricia Hoppe DATE February 3, 2004
Risk Manager
SUBJECT: MARK RUBALCAVA VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the property damage claim filed by Mark
Rubalcava be denied and the claimant be so notified.
DISCUSSION:
This claim arises from an incident that occurred on April 8, 2003. Claimant alleges that flying
debris from a City street sweeper broke the windshield of his vehicle that was backed into his
driveway located at 214 N. Bixby Avenue. 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. The City contracts with Nationwide Environmental Services for street sweeping services.
Since the damage is directly related to street sweeping services provided by Nationwide
Environmental Services, the claim has been tendered to them for further handling, per the service
agreement.
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