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CC SR 20160216 C - Claim Against the City - Kalan MavarRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/16/2016 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a claim against the City by Kalan Mavar 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: Carla Morreale, City Clerk`� REVIEWED BY: Same APPROVED BY: Doug Willmore, City Manager' l_11ii_T9:1411&411:2as] :AIIki"11919111LVA 14ki11& a A. Claim (page A-1) BACKGROUND AND DISCUSSION: The claimant alleges that, on October 29, 2015, his vehicle was parked at 29 Miraleste Plaza under a pepper tree. He reported that his vehicle was struck by a tree limb that fell from the tree. The City's Claims Administrator, Carl Warren and Company, has reviewed the claim and advised the City to reject the claim, as the City tree under which the claimant was parked has been properly maintained and the cause of the tree limb falling was a direct result of an act of nature (severe winds) on the date of the incident. 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. TO: CITY OF RANCHO PALOS VERDES mant Cc % k Business Address of Claimant City and State Give address and telephone number to which you desire notices or RESERVE FOR FILING STAMP CLAIM NO. oZ O 15 • c?s Birth Occupation of Claimant m ne Number Claimant's Social Security When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date 10 _ Z I -117 Time 11:lp MA If claim is for Equitable Indemnity, give date claimant served with the complaint: Date Where did DAMAGE or INJURY occur? Describe fully, and locate ondiagram on Pa a 2. Where appropriate, give street names and address andmeasurements A)",. rements from landmarks: M, fCt `` Describe in detail how the DAMAGE or INJURY occurred. J we,,+ ice►fd4 •� iipw S voe •4-z yt %kwt- ctod C--h,,.e C19 LA c,,. c-, n,., pe r (Coat /LPA •4-o tvt-e0--va h k 5 e Am e Why do you claim the city is responsibl ? xy Describe in detail each INJURY, or DAMAGE. � �D � � h� C1sl'�'��Si,�`� (�f g� Kd� ,� �f� (.061 j y�iii. , �, B G` r �43`►°�- S S � / SS S�f j,, +r�C C C' --i t-� P • �53,� rr 5. G1 c� /t� dL This Claim Must Be Signed on Page 2 A-1 �sltimated;Vpective The amount claimed, as of the date of presentation of this cl, is comfollows:Damages incurred to date (exact): damages as far as known: Damage to property .................... $ G cj Fut r6 expenses for medical and hospital care . $ Expenses for medical and hospital care .. , $ iture loss of earnings ........... I ......... $ 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: $ Was damage and/or injury investigated by ole?V 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 DAM G or INJURY: List all persons and addresses of persons known to have information: Name "`t r ,.,,k �-) (.,a Address Phone Name Address Phone Name Address Phone DOCTORS and HOSPITALS: Hospital Address Doctor Address Doctor Address Date Hospitalized_ Date of Treatment 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. CURB SIDEWALK PARKWAY SIDEWALK Signature of Claimant or person filing on Typed Name: Date: his behalf giving relationship to Claimant: NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) A-2 Damage Assessed By: MITCHELL MITCHELL Classification: None Deductible: UNKNOWN Date. Estimate ID: Estimate Version: Preliminary Profile ID: H&M BODY SHOP Appraised For: ANTHONY MAVAR Mitchell Service: 910438 Description: 2008 Toyota Tacoma PreRunner 11/ 2/201510:16 AM 29 0 Mario Body Style: 4D PkupCrw 6' Bed 141" WB Drive Train: 4.OL Inj 6 Cyl 2WD VIN: License: Mileage: 78,154 OEM/ALT: O Search Code: None Options: PASSENGER AIRBAG, POWER LOCK, POWER WINDOW, POWER STEERING, AIR CONDITIONING TILT STEERING COLUMN, AM/FM STEREO, DRIVER AIRBAG, SKID PLATES ANTI-LOCK BRAKE SYS., TIRE INFLATION/PRESSURE MONITOR, CD PLAYER POWER ADJUSTABLE EXTERIOR MIRROR, FIRST ROW BUCKET SEAT, CLOTH SEAT DRIVER SEAT WITH POWER LUMBAR SUPPORT, REAR BENCH SEAT Line Entry Labor Line Item PartTypel Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 002514 BDY REMOVE/INSTALL R Front Combination Lamp 1.6 # 2 003577 BDY REMOVE/INSTALL Hood Scoop 0.3 3 002537 BDY REMOVE/INSTALL R Hood Washer Nozzle 0.2 # 4 002538 BDY REMOVE/INSTALL L Hood Washer Nozzle 0.2 # 5 000095 BDY REPAIR Hood Panel Existing 6.0* 6 AUTO REF REFINISH Hood Outside C 2.6 7 002900 BDY REPAIR R Fender Panel Existing 1.0*# 8 AUTO REF REFINISH R Fender Outside C 1.6 9 002551 BDY REMOVE/INSTALL R Fender Wheel Opening Flare 0.4 # 10 000243 BDY REMOVEIREPLACE R Fender Antenna Assy 86300-04070 53.85 1.2 # 11 000244 BDY REMOVE/REPLACE R Fender Antenna Bezel 86392-04040 22.81 12 000245 BDY REMOVE/REPLACE R Fender Antenna Nut 86396-04040 5.66 13 000246 BDY REMOVE/REPLACE R Fender Antenna Mast 86309-04110 36.96 INC 14 002561 GLS REMOVE/INSTALL Windshield 3.8 # 15 003516 BDY REMOVEIREPLACE Upr W/Shield Moulding 75531-04081 64.79 16 001703 BDY REPAIR R Cab Hinge Pillar Existing 6.0* 17 AUTO REF REFINISH R Cab Hinge Pillar C 1.0 18 001711 BDY REPAIR R Cab Roof Rail Existing 1.0* 19 AUTO REF REFINISH R Roof Rail C 1.6 20 001715 BDY REPAIR R Cab Corner Panel Existing 1.0*# 21 AUTO REF REFINISH R Cab Corner Panel C 1.6 22 001723 BDY REPAIR Cab Roof Panel Existing 2.0* 23 AUTO REF REFINISH Cab Roof Panel C 2.0 24 004425 BDY REMOVE/INSTALL R Roof Drip Moulding 0.2 25 004426 BDY REMOVE/INSTALL L Roof Drip Moulding 0.2 26 002106 BDY REPAIR R Pickup Bed Side Panel Assy Existing 1.0*# 27 AUTO REF REFINISH R Bed Side Panel Outside C 3.1 28 002730 BDY REMOVE/INSTALL R Pickup Bed Wheel Opening Flare 0.4 # 29 002736 BDY REMOVE/INSTALL R Frt Pickup Bed Moulding 0.2 30 002739 BDY REMOVE/INSTALL L Rear Pickup Bed Moulding 0.2 31 003394 BDY REMOVE/INSTALL R Pickup Bed Mudguard INC ESTIMATE RECALL NUMBER: 11/02/2015 09:56:23 29 Mitchell Data Version: OEM: SEP 15-V SEP -1 Copyright (C) 1994 - 2015 Mitchell International Page 1 of 3 Software Version: 7.1.186 All Rights Reserved A-3 32 003192 BDY 33 002745 BDY 34 002746 BDY 35 002749 BDY 36 936013 37 933006 FRM 38 933031 FRM 39 933021 REF 40 AUTO REF 41 933003 REF 42 933005 BDY 43 933007 REF 44 933018 REF REMOVE/REPLACE REMOVE/INSTALL REMOVE/INSTALL REMOVE/INSTALL ADD'L COST ADD'L OPR ADD'L OPR ADD'L OPR ADD'L OPR ADD'L OPR ADD'L OPR ADD'L OPR ADD'L OPR R Pickup Bed Wheel Opening Flare Tailgate Assembly R Rear Combination Lamp Rear Bumper Assy SPCL PAINT MATERIALS FRAME/RACK SET UP PULL FOR MASH DE -NIB AND FINESSE Clear Coat TINT COLOR RESTORE CORROSION PROTECTION FILL, SAND AND FEATHER MASK FOR OVERSPRAY * - Judgment Item # - Labor Note Applies C - Included in Clear Coat Calc vehicle suffered damage to the folloing areas; right front roof and fender damage due to tree. secondary damage(right rear) due to tree branch scratches. Also, windshield mpoulding was torn off along witht he antenna assembly.needs to be replaced. 1 1 1 1 Mr. Mavar, the following repairs need to be completed inorder to bring your vehicle to the condition it was in before the tree damage. The sheet metal need to be pulled out and worked. _roof, roof pillar and hood) the antenna assembly needs to be replaced along with the windshield moulding. And the rear right corner of the cab and bed assembly need to be repaired aswell. Approximately 5-7 working days. I. Labor Subtotals Body Refipish Glass Frame Labor Summary Units Rata 25.6 55.00 19.8 55.00 3.S 45.00 3.0 75.00 Taxable Labor 52.2 III. Additional Costs Taxable Costs Total Additional Costs Estimate Totals Add'I Labor Sublet Amount Amount Totals 10.00 0.00 1,418.00 T 20.00 0.00 1,109.00 T 0.00 Q.00 171.00 T 0.00 0.00 225.00 T 2,923.00 2,923.00 Date: 11/ 2/2015 10:16 AM Estimate ID: 29 Estimate Version: 0 Preliminary Profile ID: Mario 75873-04030 422.82 0.3 0.4 0.2 0.6 II. Part Replacement Summary Taxable Parts Total Replacement Parts Amount Amount IV. Adjustments 20.00 Customer Responsibility 20.00 ESTIMATE RECALL NUMBER: 11/02/2015 09:56:23 29 Mitchell Data Version: OEM: SEP -15 V Copyright (C) 1994 - 2015 Mitchell International Software Version: 7.1.186 All Rights Reserved 20.00 * 2.0* 1.0* 5.00 * 2.0* 2.7 5.00 * 0.3* 10.00 * 1.0* 5.00 * 1.0* 5.00 * 0.3* 606.89 Page 2 of 3 1 I Date: 11/ 2/2015 10:16 AM Estimate ID. 29 Estimate Version: 0 Preliminary Profile ID: Mario I. Total Labor: 2,923.00 II. Total Replacement Parts: 606.89 III. Total Additional Costs: 20.00 Gross Total: 3,549.89 IV. Total Adjustments: 0.00 Net Total: 3,549.89 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. Point(s) of Impact 2 Right Front Side (P), 3 Right Side (S), 4 Right Rear Side (S), 16 Non -Collision (S) ESTIMATE RECALL NUMBER: 11/02/2015 09:56:23 29 Mitchell Data Version: OEM: SEP -1 5-V Copyright (C) 1994 - 2015 Mitchell International Page 3 of 3 Software Version: 7.1.186 All Rights Reserved / o A-7 I MLO I