CC SR 20170404 D - Claim Against the City GomezRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/04/2017
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
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