HomeMy WebLinkAbout2023-03-21; City Council; ; Conference with Legal Counsel regarding Significant Exposure to LitigationMarch 21, 2023 Item #1 Page 1 of 5
CITY COUNCIL .
Staff Report .
Meeting Date: March 21, 2023
To:
From:
Staff Contact:
Mayor and City Council
Cindie McMahon, City Attorney
Ed Garbo, Risk Manager
CA Review c.{lM
Subject Conference with Legal Counsel regarding Significant Exposure to Litigation
Recommended Action
That the City Council, by motion, authorize a closed session to discuss significant exposure to
litigation based on existing facts and circumstances regarding receipt of a claim against the city
of Carlsbad, pursuant to Government Code sections 54956.9(d)(2) and (e)(3).
Claimant: Edward Hanlon Jr.
Exhibits:
1. Claim from Edward Hanlon Jr. received January 5, 2023
March 21, 2023 Item #1 Page 2 of 5
Exhibit 1
Date Distributed [) \ / 0 5 / L!s
TO: City Attom_e_y======~~-✓_-::::::::~-
/ Risk Manager ----------
Administrative
Services Director ✓ ---------
Date Received D \ /o5' / '2 3
By: h J\VA'f Co;..__
City Clerk's Office
Rec'd: Mail Counter . ---------
Postmark Date: _ _,_N_~_,/__._b_,__ _____ _
*************************************************************************************
SPACE ABOVE THIS LINE RESERVED FOR CITY USE
CLAIM AGAINST THE CITY OF CARLSBAD
(Government Code S910)
RECEIVED
JAN O 5 2023
CITY OF CARLSBAD
CITY CLERK'S OFFICE
INSTRUCTIONS: Fill out claim form in detail. If more space is needed, use additional sheets of paper
and identify the additional information by appropriate paragraph number. The claim must be signed under
penalty of pe1jury and dated. FILE THE COMPLETED CLAIM WITH THE CITY CLERK, 1200
CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA 92008-1989.
1. Name of Claimant: __ __.oc.;__=..'---=-~--'----/-.~-"-').,__l-'-'v-..,..._}_L_(}_;-J--=----------'d--'((-,_------
Address of Claimant:
Phone Number:
2. Name of person and mailing address to which person presenting claim desires notice to be sent: _
/J rt t--J Lo-rJ ~ iZ.
3. Date, place and circumstances of the occurrence or transaction which gave rise to the claim:
a. Date: / ·ao~ 8u~o3 Time: 6 93 8-I a JJ a
~-V\...
b. Place: (Streetaddress): _____ _
<;12}()0 k
(Closest cross street)
(Other information describing place of occurrence) ____________ _
Revised 4/2015
March 21, 2023 Item #1 Page 3 of 5
c. Desc1iption of the particular act or omission you claim caused the injury or damage.
Include a full description of the circumstances involved in the act or omission. Please
include a statement of how the City or its employees caused the injury or damage. If you
claim that the injury or damage resulted from a condition of public property, please
describe the condition in detail. Use additional sheets of paper if necessary.
4. Description of the nature, indebtedness, oblig~tion, iajury, damage or loss so far as known at time of
presenting the claim.
5. Name or names of City employee or employees causing the injury, damage or loss. (If not known,
please state "not known.") If you do not know the name but can provide other identifying
infmmation about the employee or employees, please do so.
March 21, 2023 Item #1 Page 4 of 5
Prepared by Edward Hanlon Jr. (Addendum page)
Explanation for Claim against City of Carlsbad form
Answer to paragraph 3.c:
Two Torrey Pines under the ownership/control of the City of Carlsbad and located~
easement fell on our property on 1 January 2023. Tree #1 (southern most tree on --
adjoining our property) fell at 0238 am. Tree #2 (northern most Torrey Pine adjoining our
property) fell at 1242 pm. Both trees were under the supervision of Parl,s and Rec. In previous
discussion with Parks and Rec, I was told these trees were specially designated trees and
under a supervision protocol that included inspection and pruning. Given that other Torrey
Pines within a block of these trees had previously "failed" and fell on personal property, I had
initiated dialogue with Parks and Rec to ensure these were safe. I was assured they were being
monitored. The events of 1 January whereby two trees fell within 12 hours indicates this
monitoring was deficient. Indeed, given the failure now of at least five Torrey Pines within a
blocl< shows there was an inherent danger to residents of this neighborhood as well as vehicle
traffic. It begs the question whether these trees should have been removed a lot sooner and if
the City's inspection/risk assessment system functions properly. I am fully aware of the
historical and threatened/endangered designation of these trees but the safety of citizens from
serious injury or death would seem to be the primary priority of city officials and leadership.
Answer to paragraph 4:
The damage and loss so far is substantial damage to our house ~ which was
essentially on the front side (west facing) of the house. Internal d~o be verified
by inspectors /assessors. There was substantial damage to. our property landscaping not just
from the incidents themselves but the extraction/removal process that followecl Also
destroyed or damaged were smaller trees and other ornamental plants. Likewise, our stairway
and railing which allowed us to access the lower part of our property was destroyed. Also
destroyed was boundary fencing along Highland as well as fencing and concrete pillars with
both neighbors (north and south). Also badly damaged was a Koi pond with the demise of
eight Koi fish. Unknown at this time was damage to the in-ground irrigation system although
the, assumption is it too was badly damaged by the weight of the trees and removal equipment.
Answer to Paragraph 5.
Not known.
March 21, 2023 Item #1 Page 5 of 5
6. Amount claimed:
a. Amount claimed as of date of claim
b. Estimated amount of any future injury, damage
or loss:
c. Total amount claimed:
d. Basis of computation of amount claimed:
7. Name and address of witnesses, doctor, hospitals, etc.
a.
b.
C.
$ ________ _
$ ________ _
8. Additional information that might be helpful in considering claim:
9. If you have pictures, sketches, rep01is or other documents relating to the transaction or occmrence you
may attach them to this claim.
10. Did you report the incident to any City employee or officer? Tfso, please identify the person and the·
date of the report.
;,
I have read the matters and statements made in the above claim and I know the same to be true of my own
knowledge, except as those matters stated upon information or belief and as to such matters I believe that
same to be true. I certify under penalty of pe1jury that the foregoing is true and correct.
DATED: -./',,. .. \ ~ ,?<Cl ··13, <..,~~ • ..) I O'> AT:
Revised 4/2015