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CC SR 20170606 G - Claim Against the City KaplanRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 06/06/2017 AGENDA HEADING: Consent Calendar Consideration and possible action regarding a claim against the City by Lyric Kaplan. 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: Emily Colborn, City Clerk REVIEWED BY: Gabriella Yap, Deputy City Manager. APPROVED BY: Doug Willmore, City Manager') ATTACHED SUPPORTING DOCUMENTS: A. Lyric Kaplan claim (page A-1) BACKGROUND AND DISCUSSION: The claimant states that her vehicle tire was damaged when driving over a large pothole on Palos Verdes Drive East between Conestoga Drive and Horseshoe Lane in the City of Rolling Hills Estates. The alleged incident occurred on December 24, 2016, and the claim was filed on April 6, 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 outside of the City's jurisdiction. Therefore, it does not appear as though the City has any liability for the accident. 1 FILE WITH: CITY CLERK'S OFFICE City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 CLAIM FOR DAMAGES TO PERSON OR PROPERTY 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 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. 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. RESERVE FOR FILING STAMP CLAIM NO. 201-7-08 TO: CITY OF RANCHO PALOS VERDES Date of Birth of Claimant Lyric Kaplan Name of Claimant Occupation of Claimant Home Address of Claimant City and State Home Telephone Number Business Address of Claimant Citv and State Business Telephone Number Give address and telephone number to which you desire notices or Claimant's Social Security No. communications to be sent regarding this claim: December 24, 2016 When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date December24, 2016 Time around 6pm If claim is for Equitable Indemnity, give date None 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: In Rancho Palos Verdes between Conestoga Drive and Horseshoe Lane. Describe in detail how the DAMAGE or INJURY occurred. I was slowly driving in the car with my mother on Christmas Eve. at or around 6pm. I turned onto Palos Verdes Drive East from Palos Verdes Drive North heading up hill toward Rancho Palos Verdes and away from Lomita. After passing Conestoga Drive and before passing Horseshoe Lane my car went over a large pothole. Immediately after going over the unavoidable pothole my right tire went flat. I pulled over at the next street because it was apparent something was wrong. I got out checked my tire and the tire was flat. Why do you claim the city is responsible? The city is responsible for maintaining the streets and fixing the dangerous conditions. This pothole was large enough and deep enough to cause my brand new Mercedes to get a flat tire immediately upon contact. The pothole was also wide enough so that avoiding it was impossible on this narrow area of Palos Verdes Drive East. Therefore, the city is responsible for my tire replacement. Describe in detail each INJURY or DAMAGE. The cost to replace the flat tire on my new Mercedes. ( See the attached receipt.) 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): PARKWAY Estimated prospective damages as far as known: SIDEWALK Damage to property .................... $ 19995 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 ........ $ 199.95 Total amount claimed as of date of presentation of this claim: $ 199.95 Was damage and/or injury investigated by police? No If so, what city?_ Were paramedics or ambulance called? No 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 Beverly Kaplan Address Phone Name Jay Kaplan 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 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 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 : CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a CURB Date: 03/28/2017 A-2 PARKWAY SIDEWALK ling on Typed Name: i100i"laimant: Lyric Kaplan : CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a CURB Date: 03/28/2017 A-2 J l lilt l r �t tri i , F �r r: • � �, r `, • (E . , � � �. � K .. ` rig • oe Afi- t2vvo � , • ✓+ ` � fes. l,/', � - , AU SILVER STAR MERCEDES INVOICE 1433 West Pacific Coast Hwy. 15654 Harbor City, CA. 90710 Phone: 310-530-0593 Fax: 310-530-0943 BAREst. # 056944 #ARD00281758 EPA #CAL000409856 INVOICE Vehicle Received: 12/28/2016 Invoice Date: 12/28/2016 KAPLAN, JAY 2016 Mercedes Benz - CLA260 - 5L, V8 (303C1) VIN(NotAv Lic # : Odometer In : 4948 Office : =Cellular-.: VIN #: Cust ID : 241 Hat #: 864 Ref # : TIRE Part Description / Number Qty Sale Ext Labor Description Hours Extended 'IRE PIRELLI 91V CINTURATO 1.00 155.00 155.00 1 MOUNT AND BALANCE RIGHT FONT TIRE 0.30 30.00 WN -FLAT 225145IR17 Irg. Estimate 198.95 ignature ignature Gt l Revisions 0.00 Current Estimate 198.95 Page 1 of 1 ti �yV1 G 0101G n Labor: 30.00 Parts: 155.00 SubTotal: 185.00 Tax: 13 Total: 198 Bal Due: $198 Date Time Copyright (c) 2016 Mitchell Repair Information Q� �p�y, LLC invhrs 7.2.15d C 3 6 0 C T FW C S CO �P N co Gly I r140h f : V►G KgPI an A4 0 rn W o n rn o M N M