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CC SR 20170502 H - Claim Against the City Howard De RuyterRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/02/2017 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a claim against the City by Howard De Ruyter. 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 Clerk C REVIEWED BY: Gabriella Yap, Deputy City Manager- APPROVED anager-APPROVED BY: Doug Willmore, City Manager ",f.,1_' ATTACHED SUPPORTING DOCUMENTS: A. Howard De Ruyter claim (page A-1) BACKGROUND AND DISCUSSION: The claimant states that he sustained damage to his vehicle after striking a large rock in the roadway. The alleged incident occurred on January 12, 2017, and the claim was filed on February 14, 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 City does not own the hillside from which the rock allegedly fell. The hillside belongs to two private owners, not the City. Therefore, it does not appear as though the City has any liability for the accident. 1 FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP CITY CLERK'S OFFICE 0'A City of Rancho Palos Verdes CLAIM NO. 0 30940 Hawthorne Blvd. TO PERSON OR PROPERTY Rancho Palos Verdes, CA 90275 RECEIVED INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not CRY Of- RANC140 P�p� VIER 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.) FEB 14 2017 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.°`—"m'� CIT`' �I�'� C��IC 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 Howard De Ruyter Home Address of Claimant City and State Home Tele hone Number Business Address of Claimant City 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 reaardina this claim: When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date 1112/17 Time 6:30 a.m. N/A 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: It was on south bound side of Crenshaw Blvd between Crestridge Road and Crest Road. Describe in detail how the DAMAGE or INJURY occurred. I was driving in the south bound right lane with my son up the hill on Crenshaw Blvd when I struck a large rock located in the middle of the street. Due to the poor weather conditions (pouring rain), lighting conditions (6:30 a.m., no street lights) and the fact that I was coming out of the turn, I could not avoid the rock. (see accompanying document for pictures and detailed description of the accident) Why do you claim the city is responsible? The city was aware of the loose soil and rocks falling from the hill because there were orange caution cones on the sidewalk to caution pedestrians. The city did not make any provisions (temporary fencing or sand bags as examples) to stop any additional debris from falling into the street. Describe in detail each INJURY or DAMAGE. I struck a very large boulder that was in the middle of the lane with my car. The rock damaged by vehicle by striking the front bumper, breaking my radiator and cracking the engine block. My car was deemed a total loss by my insurance company. I recently (12/21/16, accident on 1/12/17) had my vehicle serviced: $849.25 My car insurance deductible is $1,000 1 was forced to buy a new vehicle. My insurance company stated that my premium will increase by $415.53 every 6 months, the accident will be on my record for 6 years: $4,986.36 I've lost the use of my car. This has been a very stressful situation. I'm losing sleep trying to resolve the results of this accident with my insurance company (because they believe I'm at fault). This Claim Must Be Signed on Page 2 A-1 ism 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 .................... $1000 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 ................... $ 849.25 Prospective general damages ............... $ 4986.36 Total estimate prospective damages....... $ General damages ...................... $ Total damages incurred to date ........ $ Total amount claimed as of date of presentation of this claim: $ 6,835.61 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 Aydin De Ruyter (son, passenger) Address Phone 310-426.4240 Name 2 RPV city workers moved the bolder and took photos 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 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. i/ rltSViA.IK: gate: 2/10/17 1]"N19 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 PARKWAY SIDEWALK Signature of Claimant or person filing on Typed Name: his behalf giving relationship to Claimant: Howard De Ruyter gate: 2/10/17 1]"N19 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 qk" A-3 MEA �,.lip,r .. ,« z F � ^R y. v iti g b• M rt .. w x V � y N S Aty lop JW1, Gouge in street �, z" where rock was ro � -.,r Tom: • '�. �` =�,, �` � `° ;�> �` ���� �^. 40 located - y Y > ALI 40 ft � � +� �.i >"� ,fir .�• `� � i u « W.... n .. - e m a ° �t �+ a so pct- . AI City workers came after the accident to clean up the area. Here is what is looked shortly after the accident. The bus arrived after the accident. I interviewed the driver and he stated that during the rains, he often gets out of his bus to kick the rocks and boulders off the street. 1 Very dark without street lights, can only see the boulder with the camera flash. k' Better view of the rock (boulder) that was in the street. Notice it is taller than the curb. 1 • • Side view of the rock (boulder). I tried to move the rock, but could not budget it. I believe that it took 2 cities workers to move it onto the side walk. Damaged plastic plate under car J. w. NOW .AP vf*ri 11 Damaged radiator Damaged plastic plate under car A-12 Car towed to collision center. It was not drivable. A-13 Damages included 1. My insurance deductible for this accident: $1,000 2. My insurance increase due to accident and insuring new car: $4,986.53 My insurance company has deemed this my fault because I collided with a stationary object in the middle of the street. My rates have increased. With this increase and needing to insure a new car (since my old car was totaled), my 6 month premium has increased by $415.53. The accident will be on my record for 6 years. 12 x $415.53 = $4,986.53 3. Recent vehicle maintenance on the totaled vehicle: $849.25 I had recently performed extensive vehicle maintenance 3 weeks before the accident. Total of above items is $6,835.61 A-14 Insurance receipt for total loss of vehicle includes my out of pocket deductible ($1,000): 4i,,O Oww'.. ".1.""L'Ski� s9&cia"aW ['IaJw s Fe&uary 02, 2017 Howvw d Alii Derw w ShAm� �Fzmi Aube, CW= CSE: Our tmsur : Haaard M 0euyLQr Giairn Nwnbe Date of Loss: ,danmarY,+1?„ 2017 Vehinte: 20itA,InE, SowedA:arar abc4L rtr Lwage: 9102, Day Howard M Damyier The enclosed kmze ial goer AuA lures, am indeeendemt Yehiclie- eralwadon erarriparrf, waa3s used to estabksh the sedernent zi mum of your 2004 aiA 034 Sedan Ant-amale uVLs-xh=r. i he setJwwt amaunt raas aamAstded as f )lhhvs:: A &Wa! t:3ah }aluel3ase F%ay 58,142 -OD Plus_ Sales Tax: $7,12.43 Unused Lkeme F.-&% Si1.Cli1 SoMwient Amount The Cl'u}+d tt:at all docwa-nAms be ung and :s'ned —ra as ;, ow nam appmrs o e the aZ;ls and registraaan. These docamants as Howwd h1 Omquy, Emily A b—s- AY r - M have an akased tlae docun+enKsY nemasanr to candude tiae total loss xcfeerr it of your oriainal We. You will nesd W ret wn ft CartiFicate of Title W ue_ Pieaesvoteae a aj-k dca z v,air, ,&mJ bg4w zi�reatrn th-ani to u:3 in the an veHyce pnsr+ided. Upon reoapt of -the property completed doewmans, w•ra WW 1drw and a serdwenat adrail in the 3n, wunt ar S7,254.42 ehidePyiselTrarksfar Form, A-15 Insurance quote for new car and 1 at -fault accident ($918.84-$503.31) =$415.53 increase per 6 months times 6 years = $4,986.36 wrtimn �earaxu�;, Tr T.E FARM 11;31T"7 �. AStateFarm savca�+'d. cn Qa3rt.sCa+A liaTJ INSURANCE Yti!.TE QTJOTE ,7axluBr*yf 23, 2017 ATZ A. M4 DE RUYT ER, HOWARD M & ENLY P'alicy ma nbcr: Policy Period: Oubbor 112015 to Ard 12.2017 Vehicle: 2DO4 INFINIV ta`Y.,i Prindo Driwwr: HOWARD WOML DERMER Ait6ilylT DW, SSWI Payment is due by October 1Z. 2018 Your %ata Pam Agent ED BARN SART Office; 310-3224Ril Adarm:542 MAtyl Si EI SEGUNDO. CA MAS.M FOR: DE RU`s2=.,HOWThPD M s ER"IL'3 H: PAP_';r � 3I: 3r".R&-AARI, EDWIN I Lic* 0534563 54V2 )MIN STREET EL. SEGUNDO, CD 90245-3005 (31o) 322-3511 INITIALS: CB xiari�errvArv�re,e'<a:l+zee�rNwdaeydireen sraewmwol 'JEH3CLE $l COh7TROL7?5,"> I:s'�.±USE:RT�a�astsS-'Blin?ork:lSChce1 obxcm ar ax t. MOVEL 'SEAR: 2,517 ?RIN 37bEr'.: r1O1',RAP.D VE"R. DESS:.: 1-7—AUS ES 300H 4L SE -D COMDR Y7' ; .' PATING GROUP: 27 COV—1 _ GROUP: Z5 GROUP: 4 COHVEN ENT PAYMENT OPIM You may use one of When you prop* a dtedt aw payment, pu aduwfze is &Ute farm`s aknl* PW, -Wt plain Mitch droidus you e0wr to use a'dome6iom imm your do* b as*r a prssri premium into bee sepmale paynrfads. one -b a decbaft Bard kwob Potpptlaaoudorb You nay pay one hOofthe MOW due. 8251,65, Pkis a Pocess Ore t as d lode konrod0am Whet we coo hamd&V dwW of 82..00. the ampul Om on %7 12 2416 intumatiom from yondwnck bmW a an deckantbid ani be 8253.65. transfer, lwulw may be sdeadramlrgm puraanmt as Soon The rmn** g hai waif be due an DEC 11 201C Wel send as the same day iie rete we your payaont,Wd you wr, not YOU a rdma+der notice. receive yrnw,: Ock back from yot" an6atbttli'if6ar_ Ywa poky las the Guarw4at Rm wal EndosEment. MONTHLY P?Z�TIUM Deify Wx1kr - Pwpwaemaw 7 d5 PrepYndiar T, 7Q1e Dl[,awE iuki 51nd 1Nar mere N1 51 147DN QUOTE EE's: January 23, 2017 ZIP COLE: 50273 R= 5 =-: Naz 09, 201E POLICY ccGI.RAGES As FOLLOWS: SEMI40MA-L :_1RzMiUM _ .27 El �r4.57 5515.34 w133,i4 This example of some of the available coverages and limits is not a contract, binder, or recommendation of coverage. 'J71 coverages are subject to the terns and conditions contained in the policy and endorsements. Because the rate charged crust be in compliance with the Company's rules and rates, rate quotes are subject to revision if different rates are effective at the ty.ar~ of policy issuance. Ihis rate quote may be revised if any of the information used for rating is changed. If you hwre any questiUns, please contact arj office. A-16 LTT'S AMOMO3ILE LIA0ILTTY C5,1,,r�orJt00 MELIC.3L ?A3 S COV' _AGE 557 0 COMPRHsHE_NSI`JE 5101,1� DEDUCTIBLE Ar- COLLISION 5l ti C4 ,r DEX, r'"T3LE A.C`d ER tRGENCY ROAD SERVICE UNINSURED MOTOR VEHICLE 250..'50 C, UNINSURED MIR VIEH PROP DMG TOTAL 03 6 NOIZE PREMIUM MONTHLY P?Z�TIUM (SERVICE ,I o-mr. NOT INCLUDED) APPLICA3LE DISCOUNTS, MULTI -CAR 2I5COUNT MULTIPIT9 LIKE DISCOUNT GOOD DR.r°'ER L3sCoUNT LOl'ALTI DISCOUNT ", EHICLE SAFETY DRIVE SAYE r. .SAVE SEMI40MA-L :_1RzMiUM _ .27 El �r4.57 5515.34 w133,i4 This example of some of the available coverages and limits is not a contract, binder, or recommendation of coverage. 'J71 coverages are subject to the terns and conditions contained in the policy and endorsements. Because the rate charged crust be in compliance with the Company's rules and rates, rate quotes are subject to revision if different rates are effective at the ty.ar~ of policy issuance. Ihis rate quote may be revised if any of the information used for rating is changed. If you hwre any questiUns, please contact arj office. A-16 Maintenance receipt: $849.25 DUPLICATE I N V C I C£ mx+:cxx xrx.gaxxxaac«:wa-arxa< A-17 l( FINITI OF SOUTH SAY ..••:••u� 05it'I$637 Rii&'E'EJ.LI .fi!:� I.N FTN IjL, , _ _� .� {......5ER � 3`•8$k�3A � iiTli' 'YS.t . - , OIL 2114Yi� = A.(� [[^^ �iIY'wa. ,5A02V 2 TOTALS-PERFORK .,,. . !k' CN i3E41 8i? $ t`eI$ee 1_:11__1 4OWARD M DE 90Y7ER 1, PES 1�. GI?§i O4FbaB L BELL L& uY Fid _ � 91 43� YAlG; ••• , _ JdTS---••,GT1" ••FP.RItMBER •- S„€;4PTIIkt •................ PRICE - 3 .. 1 11I� 14IS!iEV:UtikSk �. 11.14 s dl€ Oft n L ^.46 1:,@1 1 .11920A8-30.28 31.217 ' 1 3IM P1O2 8-FANIL04,]"ER4t4 ,60.61 60.418 Y '305A6028ikt E..P:r.RY aiS?'-A1R 23.$8 24.N I PKNN T14E PfOC, . ECk .LIMIT SLIP AM 13.Zr ".ETE 1 6w ENSIta' Mt5 MI'lO - -17.% 37.52 1 71413 '. Alii FRES3 , 5,00 5.00 1 86`3© - SAFiI:.Rr Ai 3 IIv28JMo NAT MA 'O.IS � 0.14 C ` 'S �750L� HATlC 5 eYiTCi iER -'16-48 84-" I SW2- SjfNjr€ 35.47 - 35.77 1 2I43L CSP ASSY-FILLER 13,88 Mas 1 IWUS66 DE OIC FILM k -B 8...°Si 1 n8ot"ifIft SLAIN d4Y-419DS 1s, 68 35.x0 1 MANS261ft CLAM ASSY•UINDS 15,67 16.57 1 a,Y22 Win F'LA 3..64 3104 2�x''3NFIKWKP LIMITED SUP 643€ I6.82 21.64 1 GREEN-CJOL WN a0k1 if 28__% 24AS 6 OIL OIL 2.76 16.96 WAL •PARTS 40547 ._ .. ---. C...__.C,. -. OESCRIPTIM----------------- e cot 702 MoomBASTE OE$Pwx 1405.67 y.75 OO2 1t5 LUOR MX"T TOTAL MT -7 .. TOTAL R � u. 0.C3 C,0 O12 IU PARTS DISC k2 46.57 2,.Ts 'Ia5, AL FSI 87.25 IWALS- 111.1 .. ......... .... ....,,. ,_..,....,,e.... -90-00 MM 444 X) PARYK wm-x-a+k wvx•�+esras•.t.EM:maa+c�+*xx.x T'0 CL5TR4 TOTAL NVOICE ii $49;35 64 2 CEJRaES•..- ...... .......,-... alt acial 8rkr parts011 W t for � 8 11N2t 23 ck s "fore I)OU 4. Wk U -Pau.'f INSPECHF 148E 7S"5ES 33 PST 'SA fOCVL SAMS '7?74 RfaR i12A$ 4t4f F, S 7 £b'R?PL1.TE DUPLICATE I N V C I C£ mx+:cxx xrx.gaxxxaac«:wa-arxa< A-17 l( FINITI OF SOUTH SAY ..••:••u� 05it'I$637 Rii&'E'EJ.LI .fi!:� I.N FTN IjL, INFINIT, e - .� -ItAY -c•. wz.3r i#u ..iax� . - - - [ELL'; A.(� [[^^ �iIY'wa. ,5A02V 2 TOTALS-PERFORK .,,. - ..._..............�:.. 1_:11__1 4OWARD M DE 90Y7ER L& uY Fid _ � 91 43� YAlG; ••• _ DUPLICATE I N V C I C£ mx+:cxx xrx.gaxxxaac«:wa-arxa< A-17 ..••:••u� 05it'I$637 Rii&'E'EJ.LI .fi!:� �.2%S.YI:lt�+ _ .� .__. Njo: •91+53 2 TOTALS-PERFORK .,,. - ..._..............�:.. 1_:11__1 TV4 TREAD HHE1 Rn T14E PfOC, . ECk ".ETE 3f 3 TOTALS TWE- ------- ------ --------. . �.:_ ....: ISTO R. WRER!' ,I S RECEIVING ' ',&i1£d'�,. GSi'tt[4T+'. OF 834 49 $a3A;C3 X15- • ti4YZ9ERi+Ni`8P€ Rti . Rt+6 imt tr, aS L -d 2Y:15.1'+ 1S NI.M:TRM Wen . r US, F r e ii d a cw; is mail far $N4 W.11 Pa& 14 .. 1€.TED OPEUTIONES4.......................------------------------------------------ .. .......__ ___..___-_-11__11..-__-__01-1101 .. 01-11014PRESS OIL CK4M. . PLF.AW W-1 SURE WE.. MVE AUR C WENT AW�WZ TOTAL Lam:,., 5*44...x2 e KCALL K,nFICATIQN A0 MVIN HATLERSt TOTAL WTS:... 1405.67 TOTAL MT -7 .. TOTAL R � u. 0.C3 C,0 .All Enflnita Pamry Parts as: Servkc are covered T7T4 HS$;". M, 2,.Ts w IZ .t�vm or I2.1v0 Miles 'SOT& MIX. DISC -90-00 TOM 7!b\...... 36151RLY-Iia wm-x-a+k wvx•�+esras•.t.EM:maa+c�+*xx.x T'0 CL5TR4 TOTAL NVOICE ii $49;35 alt acial 8rkr parts011 W t for 23 ck s "fore I)OU 4. DUPLICATE I N V C I C£ mx+:cxx xrx.gaxxxaac«:wa-arxa< A-17