HomeMy WebLinkAbout06 CLAIM 06-07 KAAS 04-03-06AGENDA REPORT
MEETING DATE: APRIL 3, 2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: RONALD A. NAULT, FINANCE DIRECTOR
SUBJECT: CONSIDERATION OF CLAIM OF MRS. A. M. KAAS, CLAIM NO. 06-07
SUMMARY:
Mrs. Kaas hit the newly constructed center island on Irvine Blvd. near Newport Avenue on the
evening of February 19, 2006. The claim reports bodily injury that includes fractured ribs, and the
total loss of her vehicle.
RECOMMENDATION:
That the City Council deny Claim Number 06-07, Mrs. A. M. Kaas, and direct Staff to send notice
thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
On February 19, 2006 at 6:30 p.m., Mrs. Kaas drove onto a newly installed center island that was
allegedly unmarked and difficult to see at night.
In accordance with Article VII of the existing construction contract, this claim has been tendered to
the City's Contractor for this improvement project.
Staff should be directed to deny the claim at this time in order to protect our statutory limits on
future Iegal action against the City.
Ronald A. Nault
Finance Director
ATTACHMENT: Copy of Claim No. 06-07
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City of Tustin
Administration and Engineering
300 Centennial Way
Tustin, CA 92780
(714) 573-3150
(714) 832-0825 FAX
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To Whom it May Concern,
On February 19, 2006, 6:30 pm, I was in a car accident, which occurred as a result of an unfinished
island on Irvine Blvd., south of Newport Blvd. The intersection where this accident occurred is a
particularly dangerous one. Irvine Blvd. curves left here in the middle of a very wide intersection that
lacks any lane marking, in spite of the fact that it is necessary to maneuver around the newly-
constructed traffic island to stay in the left hand lane. The traffic island that caused the damage to the
undercarriage of my vehicle is new and was not marked in any way, with cones or a sign, At night,
without such a sign, and with the lights of oncoming traffic, it was not visible.
The statements made at the scene by the responding police officer and the tow truck driver support the
assessments above. In fact, according to the tow truck driver, he had previously towed another vehicle
off the island under circumstances similar to my own. I was not cited for any traffic violation. The
Tustin Police Officer who arrived at the scene remarked that the island "needed some finishing".
In addition, by Tuesday, after my accident on Sunday night, the city erected two signs on the island in
the exact spot where my car came to rest, thereby admitting that the unmarked island was a dangerous
condition. The signs that were added are a yellow reflective diamond and a sign, which instructs you to
maneuver around the island. Without such a maneuver, it is impossible to avoid the island. By Friday,
also, the edge of the island was painted a bright white to make the island visible at night.
I understand that the contractor responsible for the construction of this island is:
Mike Mahler
Sequel Contractors, Inc.
St. Lic #610600A
13545 Imperial Hwy.
Santa Fe Springs, CA 90670
Office: (562) 802-7227
Fax: (562) 802-7489
I would like to discuss with you reimbursement of the property damage to my car, which was a Total
Loss, and medical expenses due to my injuries, which include broken ribs, sustained in the accident.
Sincerely,
Mrs. AM. Kaas
13431 Cromwell Dr.
Tustin, CA 92780
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