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CC SR 20170321 D - Claim Against the City GomezRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 03/21/2017 AGENDA HEADING: Consent Calendar Consideration and possible action regarding a claim against the City by Randy and Megan Gomez. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimants. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Teresa Takaoka, Deputy City Clerl< REVIEWED BY: Gabriella Yap, Deputy City Manager -'„ APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Randy and Megan Gomez claim (page A-1) BACKGROUND AND DISCUSSION: The claimant states that a City tree fell and damaged their 65 -foot -long chain-link fence. The alleged incident occurred on January 20, 2017, and the claim was filed on February 1, 2017. The City's Claims Administrator, Carl Warren and Company, has reviewed the claim and advised the City to reject it, due to the determination that the incident occurred due to soil saturation from a storm. Therefore, it does not appear as though the City has any liability for the accident as the cause of the tree falling was natural and could not be predicted or prevented. 1 FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP CITY CLERK'S OFFICE City of Rancho Palos Verdes CLAIM NO. 30940 Hawthorne Blvd. TO PERSON OR PROPERTY Rancho Palos Verdes, CA 90275 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2.) 2. Claims for damages to real property m ust be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2.) 3. Read entire claim form before filing. 4. See Page 2 for diagram upon which to locate place of accident. 5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: CITY OF RANCHO PALOS VERDES Date of Birth of Claimant Name of Claimant Occupation of Claimant Randy and Megan Gomez (Owners) Home Address of Claimant City and State Home Telephone Number Business Address of Claimant City and State Business Telephone Number Give address and telephone numberto which you desire notices or Claimant's Social Security No. communications to be sent regarding this claim: When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date 0v2012017 Time 13opm If claim is for Equitable Indemnity, give date claimant served with the complaint: Date Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give street names and address and measurements from landmarks: On Palos Verdes Dr. E. at property address: property. Describe in detail how the DAMAGE or INJURY occurred. upper hill on back of A large eucalyptus tree fell onto the property at during the storm. The tree crushed a large section of chain link fence and a single chain link gate on the property. Why do you claim the city is responsible? The tree that fell was maintained by the city according to RPV City Hall/Public Works. RPV Public Works responded very quickly (Thank you!) and removed the tree to avoid damage to our house and make the property safe. The tree was previously trimmed by the city. Describe in detail each INJURY or DAMAGE. Approximately 65' of chain link fence and a single gate were destroyed when the tree fell. Pictures attached. This Claim Must Be Signed on Page 2 A-1 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date [exact]: Estimated prospective damages as far as known: Damage to property .................... $ Future expenses for medical and hospital care. $ Expenses for medical and hospital care ... $ Future loss of earnings ..................... $ Loss of earnings ...................... $ Other prospective special damages .......... $ Special damages for ................... $ Prospective general damages ............... $ Total estimate prospective damages....... $ General damages ...................... $ See Attached Est. Total damages incurred to date ........ $ Total amount claimed as of date of presentation of this claim: $ See attached Estimates Was damage and/or injury investigated by police? No If so, what city? Mrateste Fire Department came to investigate and contacted Pudlic Work s Were paramedics or ambulance called? If so, name city or ambulance If injured, state date, time, name and address of doctor of your first visit WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Charles (Neighbor) Address Phone Name Omar Flores of VVCA Tree Ser uce Per Public Works Address Phone Name Ernest Emerson Address Phone DOCTORS and HOSPITALS: Hospital Address Date Hospitalized Doctor Address Date of Treatment Doctor Address Date of Treatment For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City Vehicle when you first saw it, and by "B" location of yourself or CURB Sunnyside Ridge Rd. Signature of Claimant or person filing on his behalf giving relationship to Claimant: your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by the claimant. SIDEWALK 1 Palos Verdes Dr. East PARKWAY Damaged Fence t= ee lid Al 4 ,.-0amaged Fence 28056 Palos Verdes Dr. East Typed Name: I Date: Randy Gomez 101/24/17 CURB NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of afalse claim is a felony (Pen. Code Sec. 72.) rev' A M-1 CA Lic. # 943181 Tel: (310) 762-6544 Fax: (310) 762-6533 1441 W. El Segundo Blvd. • Compton, CA 90222 SOLD TO: SHIPPED TO: Megan Gomez 2601 Sunnyside Ridge Rd, Rancho Palos Verdes, CA 90275 Proposal Remove and haul away 50 feet of existing damaged chain link fence along back property line and 20 feet of fence on rear right side property line. Furnish and install 50 linear feet of 6 feet high, 2 inch mesh, 11 gauge galvanized chain link fence with top rail and bottom tension wire along back property line including one pedestrian single swing gate. Furnish and install 20 linear feet of 6 feet high, 2'/4 inch mesh, 11 '/2 gauge, fence with top rail and bottom tension wire on rear right side property line. All new posts to be set in concrete footings. End posts — 2 318" SS20. Line posts — 1 718" SS20. Top rail — 1 318 SS20. Total Cost........................$2,500.00 Deposit Required ............ $1,250.00 Due Upon Completion .... $1,250.00 *Credit Cards (3% service fee). galvanized chain link All material is guaranteed to be as specified. All work to be completed in a workmanlike manner. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. If building permits are required, it shall be the responsibility of the customer to secure all permits and bear all additional costs. The company assumes no liability for jobs not installed according to any state or local building codes. All agreements contingent upon strikes, accidents or delays beyond our control. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. BY: JESSE GONZALEZ ACCEPTED: PRINT NAME SIGNATURE DATE DATE: 01/27/2017 A-5