CC SR 20170321 F - Claim Against the City RandallRANCHO 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 James C.
Randall.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant.
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. James C. Randall claim (page A-1)
BACKGROUND AND DISCUSSION:
The claimant states that the City's main sewer system was clogged and caused sewage
to back up into his residence (a downstairs bathroom). The alleged incident occurred
on January 20, 2017, and the claim was filed on January 31, 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 County of Los Angeles
maintains the sewer line and has accepted liability for this matter. Therefore, it does not
appear as though the City has any liability for the incident.
1
FILE WITH: CLAIM FOR DAMAGES
RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
City
CLAIM
of Rancho Palos Verdes TO PERSON OR PROPERTY
NO. c;b
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
RECEIVED
CffY OF RANCHO PALOS VERDES
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.)
r JAN 3 2017
!!��
2. Claims for damages to real property must 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.
C I R FFIE
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
James C. Randall
Occupation of Claimant
Name of Claimant
Home Address of Claimant City and State
Home Telephone Number
N/A
Business Address of Claimant City and State
Business Telephone Number
N/A
Give address and telephone number to 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 1/20/2017 Time 4:00 PM
If claim is for Equitable Indemnity, give date
Public works employees; I don't have names
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:
At residence at
Describe in detail how the DAMAGE or INJURY occurred.
See attached
Why do you claim the city is responsible?
City main line sewer system was clogged
Describe in detail each INJURY or DAMAGE.
See 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 ....................
$ 1 }400.00
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 ...................... $
Total damages incurred to date ........ $
Total amount claimed as of date of presentation of this claim: $ 1,400.00
Was damage and/or injury investigated by police? If so, what city?_
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 Address Phone
Name Address Phone
Name Address Phone
DOCTORS and HOSPITALS:
Hospital Address Date Hospitalized
Doctor Address Date of Treatment
Doctor Address Date of Treatment
READ CAREFULLY
For all accident claims place on following diagram names your vehicle when you first saw City vehicle; location of
of streets, including North, East, South, and West; indicate City vehicle at time of accident by "A-1" and location of
place of accident by "X" and by showing house numbers yourself or your vehicle at the time of the accident by
or distances to street corners. If City Vehicle was "B-1" and the point of impact by "X." NOTE: If diagrams
involved, designate by letter "A" location of City Vehicle below do not fit the situation, attach hereto a proper
when you first saw it, and by "B" location of yourself or diagram signed by the claimant.
Signature of Claimant or person filing on
his behalf giving relationship to Claimant:
CLAIMS MUST BE FILED
PARKWAY
SIDEWALK
Typed Name:
James C. Randall
CURB—+
rF
Date:
1/31/2017
a felony (Pen. Code Sec. 72.)
MA
James C. Randall
Rancho Palos Verdes, CA 90275
In the afternoon of 20 January 2017, raw sewage began backing up in
a downstairs bathroom. I called a plumber and we realized we better
act quickly or the entire downstairs will be inundated with sewage.
He dug down to my sewer line in the front yard and opened the pipe
which relieved the pressure. After calling the city, they came out
that evening and indicated that the city main sewer line was blocked.
They had a truck come out and the line was cleared by 10:00 PM.
My action prevented expensive damage to the interior of my house
which most definitely would have been the city's financial
responsibility. I am seeking reimbursement for the plumbing fees
I incurred to prevent this disaster.
RPV city permit #P17-00023
119,17
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If you are a member of our Maintenance Program
Agreement (MPA) Program, then you can pay much
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less. All MPA customers receive a 15% discount off
our standard price for all repair services
Plumbing • Heating
Air Conditioning Electrical
city -,a 0 S r state zip , H S REG A BPS
The Maintenance Program has been explained to
me and I decline to participate.
1-800-446-6453
Phone Phone ( ) STANDARD WARRANTY IS 12 MONTHS ON
MPA and Multiple Task Discount
California State License No. 399170 765436
LABOR AND PARTS UNLESS OTHERWISE
www.MikeDiamond.com NOTED HEREIN (EXCLUDES STOPPAGES).
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The Smell Good Plumber! TM
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reby authorize you to proceed with house call/diagnosis for a minimum charge of DIAGNOSIS QTY
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ST OF DOCUMENTS TO BE INCORPORATED INTO THIS CONTRACT:
HE DOWNPAYMENT MAY NOT EXCEED $1,000.00 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS. DOWNPAYMENT
%YMENT OF THIS INVOICE / CONTRACT DUE UPON COMPLETION OF WORK
YOU, THE HOMEOWNER (BUYER) OR TENANT HAVE THE RIGHT TO REQUIRE THE INSURANCE FEE`
20.00
rHORIZATION TO PROCEED WITH ABOVE SOLUTION - I, the undersigned, am owner/ authorized representative / tenant of the premises
CONTRACTOR TO FURNISH YOU WITH A PERFORMANCE AND PAYMENT BOND; HOWEVER,
ihich the work mentioned above is to be done. I hereby authorize you to perform Recommendation, and,louse such labor acd materials
you deemadvisable. I agree to pay reasonable attorney's fees and court costs in the event of legal action. If mytheck-does not clear,
THE CONTRACTOR CAN REQUIRE YOU TO PAY FOR THAT BOND. A payment and performance CONTRACT PRICE
alize I could be liable for 3 times the amount of the check, in no case more than $1,500 and in no case less than $1b0 at forth in
ifornia Civil Code Section 1719, plus the face value of the check and court costs. I have read this contract, in ludiifig he. term, q_
ditions on the reverse side hereof and agree to be bound by all the terms contained herein. have received cop >tt s contrar,�t�,�
bon for the ful am fit of this contract up to $50,000 is on file with the Registrar of Contractors.
�y PROGRESS PAYMENT
t r ty ISI e,�national Fidelity Insurance Co: 13400 Sabre. _ prin `Pkwy, Suite 245,
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ice to Owner.All parts will be removed from premises and discarded unless otherwise specified herein. Y �CT"
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S nDieg , al ornla 2182. See Notice to Ownersectionofthiscontr ctforfurtherinformation. BALANCE
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You are entitled to a completely filled-in
ereby authorize you to proceed with the Bove work at the Contract Price of $ 1
ITHORIZEDJ T H
U_NATURE /l`. DATE: `Y r�
ACCEPTANCE OF WORK PERFORMED - find the service and materials
endered and installed in connection with the above-mentioned to have
been completed in a satisfactory manner. I agree that the amount set forth
copy of this agreement, signed by both
you and the Contractor, before any
work may be started.
INT
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ME
on this contract in the space labeled "TOTAL" to be the total and complete
up -front price/minimum charge. I agree to pay reasonable attorney's fees
The law requires that the Contractor
gives you a notice explaining your right
WORKERS'COMPENSATIONINSURANCE
is contractor carries Workers' Compensation Insurance for all employees.
and court costs in the event of legal action. A monthly service charge of
to cancel. Initial the checkbox if the
notice concerning Commercial General Liability Insurance is attached to this contract.
1 eiv will added after days. acknowledge that have read and
receivedalegiblecopyoflhis contractandhavereadtheNoliceto0wner,
and statement required on contract.
Contractor has glVeil you a
Notice of the "Three -Day
agree to perform the above work In accordance to this Contract.
ITESTED WATER PRESSURE TO BE
.
STREET BUILDING .
AUTHORIZED
Right To Cancel." INITIAL
X
LBSJ LBS/
SQ. IN. SQ. IN.
SIGNATURE
X
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