HomeMy WebLinkAbout2024-04-23; City Council; ; Conference with Legal Counsel Regarding Significant Exposure to LitigationApril 23, 2024 Item #2 Page 1 of 4
Meeting Date:
To:
From:
Staff Contact:
April 23, 2024
Mayor and City Council
Cindie McMahon, City Attorney
Ed Garbo, Risk Manager
CA Review C ll-f\.4
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: Mid-America Arts Alliance
Exhibits:
1. Claim from Mid-America Arts Alliance dated March 5, 2024.
Exhibit 1
April 23, 2024 Item #2 Page 2 of 4
Date Distributed _3_/~S~L~d~D~' cl~f~-Date Received :J/ S} d-y ;;l '(
By: J:JtZ~, TO: City Attorney -----------,..,,,.--
City Clerk's Office
Risk Manager __________ _ Rec'd: Mail _____ Euuuter Q..-r(I.~
Administrative Postmark Date: ------------Services Director ----------
*************************************************************************************
SPACE ABOVE THIS LINE RESERVED FOR CITY USE
CLAIM AGAINST THE CITY OF CARLSBAD
(Government Code S910)
H~CEIVED
MA :< -5 2024
l CITY -JF CAPLSS/\0
~~TY CI_E~K'S_CFF!CE
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 perjury and dated. FILE THE COMPLETED CLAIM WITH THE CITY CLERK,.1200
CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA 92008-1989.
1. Name of Claimant: _M_id_-A_m_en_·c_a_Art_s_A_lli_an_ce ____________________ _
Address of Claimant: 2018 Baltimore Avenue, Kansas City, MO 64108
Phone Number: __ B_1_e-4_2_1_-1_3B_B __ _
2. Name of person and mailing address to which person presenting claim desires notice to be sent:
Ivan Lundberg, 2018 Baltimore Avenue, Kansas City, MO 64108
3. Date, place and circumstances of the occurrence or transaction which gave rise to the claim:
a. Date: May 4, 2023 Time: _____________ _
b. Place: (Street address): __ w_i_1n_am_o_._c_an_n_on_A_rt_G_a_11e_ry_, _11_1s_oo_v_e _Ln_. ----------
(Closest cross street) _______________________ _
(Other information describing place of occurrence) _____________ _
Revised 4/2015
l
April 23, 2024 Item #2 Page 3 of 4
6. Amount claimed:
a. Amount claimed as of date of claim $ 19,155,52
b. Estimated amount of any future injury, damage or loss: $ 0
C. Total amount claimed: $ 19,155.52
d. Basis of computation of amount claimed:
Labor and Materials cost to build new custom crates, and the cost of alternative shipping arrangements before the replacements were built.
7. Name and address of witnesses, doctor, hospitals, etc.
NAME ADDRESS PHONE ··
a.
b.
C.
8. Additional information that might be helpful in considering claim:
9. If you have pictures, sketches, reports or other documents relating to the transaction or occurrence you
may attach them to this claim.
10. Did you report the incident to any City employee or officer? If so, please identify the person and the
date of the report.
No, We were notified of the incident by city employees. Richard Schultz and Tonya Rodzach on May 24, 2023
I have read the matters and statements made in the above claim and I lmow the same to be true of my own
lmowledge, 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 perjury that the foregoing is true and correct.
DATED: 1125124 AT: 1:40 PM CST -------------
1 'cAIMANT
Revised 4/2015
April 23, 2024 Item #2 Page 4 of 4
On May 23, Dan created a work order and assigned it to Jim Cochand to delivery the crates on
May 30.
On May 24, Jim and Sean informed Dan the crates had been inadvertently disposed. Dan notified
Brian Bacardi, PW Superintendent-Facilities who I immediately called Fiona Everett, Senior
Management Analyst-LCA and informed her of the loss.
LCA and Facilities staff are continuing to work together, please see attached for a summary from
last week.