RPVCCA_CC_SR_2015_05_19_L_Claim_Againt_the_City_Heidemarie_U._PertschiCITY OF
MEMORANDUM
tiRANCHO PALOS VERDES
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CARLA MORREALE, CITY CLERK
DATE: MAY 19, 2015
SUBJECT: CLAIM AGAINST THE CITY BY HEIDEMARIE PERTSCHI
REVIEWED: DOUG WILLMORE, CITY MANAGE & �1- PW
RECOMMENDATION
Reject the claim and direct staff to notify the claimant.
DISCUSSION
The claimant alleges that from May 2013 to July 2014, during the construction of the
San Ramon Project, extensive damage occurred to the interior and exterior of her home
due to the heavy construction equipment used for the project. She noted the damage
necessitated cleaning, repair, and painting of the interior and exterior of her home, deck
and glass wall panels, windows, and the detailing of her car due to the excessive dust
caused by the construction equipment. Additionally, she reported damage to an antique
marble mantel clock and antique figurine.
The City's Claims Administrator, Carl Warren and Company, has reviewed the claim
and advised the City to reject the claim, as this claim was tendered to the contractor,
L.H. Woods & Sons, Inc., their liability carrier (Zurich American Insurance) has
responded to the claim, and the City's liability is doubtful.
Attachment:
Claim (page 2)
1
FILE WITH:RESERVE
CLAIM FOR DAMAGES
FOR FILING STAMP
CITY CLERK'S OFFICE
a o j 4
City of Rancho Palos Verdes
CLAIM NO. rf -
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
CITY OF RANCHO PALOS VERDE,4
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
DEC 0 2 2014 v
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.
CITY CLERK'S OFFICE
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
TO: CITY OF RANCHO PALOS VERDES
Date of Birth of Claimant
City Clerk's Office Carla Morreali
Name of Claimant
Occu ation of Claimant
Heidemarie U. Pertschi
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 regarding this claim:
When did DAMAGE or INJURY occur?
Names of any city employees involved in INJURY or DAMAGE
Date May 2013 to July 2014 Time all the time
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:
Describe in detail how the DAMAGE or INJURY occurred.
Due to the San Ramon Project # 234 and their heavy construction equipment my property suffered
extensive damage inside and out.
Why do you claim the city is responsible?
I believe the city of Rancho Palos Verdes is ultimately responsible for this claim since it is your
property and San Ramon Canyon is your Project.
Describe in detail each INJURY or DAMAGE.
1) Exterior/Interior House Damages, Painting, repair siding, power wash deck, clean/wash glass wall panels surrounding
deck, clean/wash house windows and repair interior wall cracks due to the heavy shaking and excessive gritty dust caused
by construction equipment.
2) Deck and Patio Furniture, Furniture coating/finish damaged due excessive gritty dust caused by construction equipment.
3) Car Detailing, Car paint surface dulled and car interior gritty due to excessive dust caused by construction equipment.
4) Antique Marble Mantel Clock, Marble base cracked due to heavy shaking by construction equipment.
5) Antique Dresden Porcelain Figurine, Porcelain tulle broke due to heavy shaking caused by construction equipment.
This Claim Must Be Signed on Page 2 2
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 ....................
$ 9,500.00
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: $ 9,500.00
Was damage and/or injury investigated by police? no If so, what city?_
Were paramedics or ambulance called? n- 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 Alan Braatvedt Address City of Rancho Palos Verdes Phone
Name Cris cote Address Kea Corpporation Phone
Name Jim Webb/ James Runyon Address Palos Verdes Shores 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.
CURB
SIDEWALK
PARKWAY
SIDEWALK
CURS
Signature of Claimant or person filing on Typed Name: Date:
his behalf giving relationship to Claimant: HeidemBrie U. PertSChi November 10, 2014
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
9
December 2, 2014
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, Ca. 90275
Att: Carla Morreali, City Clerk's Office
Re: San Ramon Project # 234
Dear Ms. Morreali,
I am seeking reimbursement from the City of Rancho Palos Verdes for damages resulting from the
Construction in the above named project. The attached pages (in chronological order) show the history
of this case. I have also included pictures for you review.
As you can see, I did go through the procedures the city had requested. However, I believe the city is
ultimately responsible for this claim since it is your property.
In order to remedy the situation I expect the City of Rancho Palos Verdes pay $9,500.00 for damages.
Your prompt response within 7 days will be greatly appreciated.
If you need additional information or have any questions please do not hesitate to contact me.
Heidemarie U. Pertschi
El
December2, 2014
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes. Ca. 90275
Att: Carla Morealli, City Clerk's Office
Re: San Ramon Project # 234
On Sunday, August 10, 2014 Zurich American Insurance Co. (L.H. Woods & Sons, Inc.) sent an
independent Insurance Investigator to my house to assess the damage done by L.H. Woods & Sons, Inc.
On September 16, 2014 1 contacted Heather Horton of Zurich American Insurance Co. and she told me,
that she would have an answer for me in about two days.
Heather Horten called me back and informed me that they are willing to pay me $ 500.00 for all my
damages. According to her I did not prove my case.
As of today, I spend $5,500.00 of my own money to repair and paint my house before the rainy season
starts.
I hope, somebody will take responsibility for all damages done to my place doing the San Ramon Project
# 234.
Sincerely,
Heidemarie U. Pertschi
r�
Palos Verdes Shores
2275 W. 25th Street •San Pedro • CA 90732 •Phone (310) 547-4403 Fax (310) 547-4405
March 14, 2012
Re, San Ramon Canyon Drainage Project
Hear Residents:
As you are aware, during periods of heavy rainfall, Palos Verdes Shores is occasionally subject to
flooding and debris flows from the run off from San Ramon Canyon and the overflowing of the drainage
facilities located on W. 25'6 Street immediately above our property. For the past ten years, we have been
requesting that the City of Los Angeles provide a remedy to this problem.
During the past several years, the City of Los Angeles and the City of Rancho Palos Verdes (RPV) have
worked together to find a solution. However, not much progress was made, so the City of RPV decided
to go it alone and the City of RPV has come up with an engineering solution which will divert the storm
water flow through a tunnel located totally within the City of RPV. The City of RPV believes this action
will mitigate the drainage problem.
Through state and expected federal grant funding, it now appears that the City of RPV has been able to
secure a large portion of the necessary funds to start work on a major Canyon drainage project which is
intended to prevent the flooding and debris flows that we have experienced in the past. Part of the project
consists of building underground drainage facilities on the vacant park land located immediately to the
west of our property. As soon as all the funding is secured, construction work on the project would begin
in approximately six months.
Recently, we were contacted by engineers from the City of Rancho Palos Verdes. They explained that in
order for the Canyon drainage project construction to proceed, the City would require access—through
our property—to the vacant park land immediately to the west of our property. Apparently, the only
suitable access to this land for construction vehicles is through our property. Thus, we have a dilemma.
We need to have the drainage problem fixed, but the only way a fix is possible is to allow the City of
Rancho Palos Verdes access through our land.
We have been told that once construction starts, the project will take 26-30 weeks to complete the portion
of the project requiring access through our property. During that time, the City believes that there will be
about 380 in -and -out trips of construction vehicles through our property, which averages out to be a little
less than three round trips per work day, Mondays through Fridays. In addition, a van will go in and out
several times per day to transport workers.
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We have been told that the vehicle trips will be made up as follows:
• Removal of dirt from the tunneling operations 175 round trips
• Transporting of equipment 35 round trips
• Delivery of drainage pipes 95 round trips
• Delivery of construction material 45 round trips
• Servicing of Port -a -Potty 30 round trips
There is no question that this type of heavy construction vehicle traffic will cause a disruption of the lives
of our residents and our employees. This activity will also cause damage to our roads and possibly to
other Palos Verdes Shores property. There will also be inconvenience to our residents in terms of extra
vehicles on our roads, mud and debris left on our streets from this construction traffic, noise and possible
vibration from the movement of the vehicles and their heavy loads of construction materials.
We have been told that the proposed route of the construction vehicles will be through the entrance off W.
25'h street, past the guard building, down our main street (Catalina Vista), then right on Encantador and
finally, left onto Deliria and out the chain link gate at the west end of Delicia to the vacant park property
where the drainage facilities will be built. To its credit, the City has promised that it will do everything in
its power to minimize disruption and damage within our property, and to pay for any damages that it
causes to us. To that end, we will have a special agreement with the City which will place very tight
controls over this project.
We have discussed this matter with your Homeowners' Association representatives and they agree that it
is necessary for us to allow this access to the City of Rancho Palos Verdes so the Canyon drainage project
can proceed. Based on this feedback, it is our intention to proceed with granting access for this project.
In order to provide more information to residents about the project and the proposed access, we have
invited the City of Rancho Palos Verdes to make a presentation to our residents. The presentation will be
at the clubhouse at 7:00 p.m. on April 26, 2012.
In the meantime— if you have any questions or comments, please contact your Community Managers.
V ry rul 0 5,
mo.�� y
�llram C. Schweinfurth
Director of Operations
7
August 2, 2013
Palos Verdes Shores/ Vedder Management
Re: San Ramon Canyon Project
This Is a list of my Issues and concerns about the construction across from my property.
Since I am an allergy sufferer the dust from the construction has given me many bouts with Inflamed
Bronchial tubes. Not to mention the constant noise furnes and dust inside and outside my house.
Vibrations trough out my house and being unable to open a moor or window makes it difficult to
breath for me.
Also, I was told the daily starting time would be Sam. The workers are usual starting right around
7 am,
That leaves the question who will be responsible for cleaning and/or replacing the outside and in side
of my property
Your construction has rulned the paint of my house my outside deck glass panels and patio furniture.
Who Is financially responsible for all of this messl
I am paying $1,6WM lease a month for a house 1 cannot live In.
Thank you for your help In this matter.
Heidi Pertschl
i
•
August 12, 2013
Palos Verdes Shores/Vedder Management
Re: San Ramon Canyon Project
Due to your heavy construction equipment and dirt movement on Thursday and Friday August 8 and 9
my whole house was vibrating and shaking.
Some damage was done and I need some one to come out and check that my home is still
level.
I have noticed cracks and gaps inside and out.
I also have found damage on marble clock (crack] and on one of my Dresden porcelain figurine.
I appreciate your prompt attention in this matter.
Heidi Pertschl
01
10
11
L4FRANCHO
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urTY OF
PALOS VERDES
Palos Verdes Shores
2275 W. 25'h Street
San Pedro, CA 90732
8/14/1.3
Attention Jim Webb
RE: San Ramon Canyon -- Issues Raised by Residents on 8-13-13
Jim
This correspondence is to address the action taken to address Issues raised by Heidi Pertschi and Linda Green on
8/13/13.
Cris Cole (our inspector) and Dave Held (contractor's representative) met up with Heidi at her home at 1:30pm
yesterday and explained the current and future operations that will take place over the next few weeks. They also had
the chance to explain that the vibration that she could feel came from the tracks of the bulldozer that was being used to
backfill the open pipe trench adjacent to her home, which is now largely complete. They also agreed to assess the
foundations to her home once all operations in the area are complete.
They also met with Linda Green and talked specifically about the dust being generated and the steps that were being
taken to mitigate the problem.
Both residents were satisfied with the information provided and wanted an undertaking that they will be informed of
any changes to the proposed work schedule, so that they could anticipate what to expect.
In general the work in the immediate vicinity of the two homes will be mostly complete by the end of August.
We will continue to address issues raised by residents and do everything possible to make the project as painless as
possible for them.
Please feel free to share this correspondence with both Heidi and Linda.
� Jaor Uc
Alan Braatvedt
San Ramon Project
Construction Manager
30940 HAWTHORNE BOULEVARD/RANCHO PALM VERDES WWW.PALOSVERDE6.00M/RPV
12
August 14, 2013
Palos Verdes ShoresJVedder Management
Re: San Ramon Canyon Project
After our meeting in your office on Monday August 12, 20131 then contacted Mr. Alan Braadhedt
around 1:30pm on August 12, 2013 and left a message on his voicemail.
On Tuesday August 1.3, 2013 around 2.00pm Mr. Chris Cole met with me to assess damage to my
Home [[ house level, clock and Dresden figurine j
We agreed to deal with all the occurring damages after the San Ramon Canyon project is completed.
Heidi Pertschi
13
August 31, 2013
Palos Verdes Shores/Vedder Management
Re: San Ramon Canyon Project
Due to the heavy equipment use, from August 24 through August 30, 2013, more siding separation and
cracks appeared on the south side of my home.
I spoke with James Runyon ( ASST. Manager) in person on Thursday, September S, 2013 and showed
him the various areas where damage has occurred.
On Friday, September 6, 2013 Alan Braatvedt, Construction Manager, City of RPV and Cris Cole, Senior
Construction inspector, Koa Corporation came out to my home to look at the additional damage.
They stated, that once the construction project is completed, they will reassess all damage that
occurred to my property during this construction project.
Heidi Pertschi
14
n
September 11, 20-4
Palos Verdes Shores/Vedder Management
Re: San Ramon Canyon Project
September 11, 2013 at 12:19PM I spoke to Cris Cole and let him know that my whole house was
shaking and cracking due to their heavy earth moving equipment.
He acknowledged it.
Heidi Pertschi
17
January 9, 2014
Palos Verdes Shores/Vedder Management
Re: San Ramon Canyon Project
From Friday, December 13 trough Tuesday, December 31, 2013, more siding separation and cracks
appeared on the inside and outside of my house due to the Project's heavy pounding and equipment
use.
I called Cris Cole on Tuesday, December 17, 2013 to make him aware of the problem.
I wonder when this nightmare will be over and l will be compensated for all the damage that has
occurred to my house due to the Ramon Canyon Project.
Please see attached itemized documentation of the events that occurred during the time period stated.
Heidi Pertschi
G •
•
RAMON CANYON PROJECT
Friday -- December 13'fi 2013 Shaking
Monday—December 14th 20.3 Shaking
Tuesday — December 17'61 2013 Called Cris Cale, lots of Shaking, more damage to siding of my house
Wednesday — December 18t'' 2013 Shaking
Thursday — December 19th 2013 Shaking
Friday — December 20�h 2013 Heavy Shaking
Monday December 23`'1 2013 Shaking
Tuesday— December 24th 2013 Christmas Eve, Shaking
Thursday —December 2e 2013 Shaking
Friday—December 27"' 2013 Heavy Shaking
Saturday —December 28th 2013 Severe Shaking, ail day long
Tuesday —December 3V 2013 Fxtreme Pounding and Shaking all day, due to the removal of
the Iron Support Beams.
19
..Please
r ,�, letter
+� w .r claim already
been sent to the City.
PVS
Management
6/6/14
c�� k� s- i3—coif
20
1411-
Palos Verdes Shares
'_ 2275 W, 25th Street • San Pedro a CA 90732 • Phone (310) 547-4403 Fax (310) 547-4405
www.veddercommunities.com
April 14, 2014
Re: Completion of San Ramon Canyon Drainage Improvement Project
ject
Dear Residents:
The City of Rancho Palos Verdes (the "City") is nearing final completion of the San Ramon Canyon
drainage improvement project (the "project") which has been going on adjacent to Palos Verdes Shores.
As you know this is an important project which will improve drainage of the Canyon and help avoid any
flooding of our Community during periods of heavy rain. We are grateful to the -City for undertalldrig this
important improvement project.
If you believe that you have a claim for project. or project access, -related damage, please submit a
latter to us and any. related documentation concerning your claim. We will submit these claims W
the City for review and action by the City. Please submit any such claims no later than May 31s
2014. The City and the City's contractor has asked as to add the following to this letter. Please
ako be reminded that any claim that is deemed to be false in nature may be subject to legal
proceedings under the California False Claims Act, California Government Code Sections 12650-
12655 (1992).
Thank you for your patience during the construction process.
Very
i
' C. 'forthctor o Operations
Proud to be u parr of the Yedder Cummuntriss
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21
VU0
July 1, 2014
Palos Verdes Shores/ Vedder Management
Re: San Ramon Canyon Project
On Thursday, June 26, 2014, a representative of L. H. WOODS & SONS, INC. came to
my house and offered me $300.00 as a settlement for my cooperation and patience during
the construction of San Ramon Canyon Project.
I did not accept this amount since much more damage occurred to the inside and outside
of my house.
The representative then informed me that it will become an insurance claim on their part.
As of this writing, I have not heard anything further from them.
Heidi Pertschi
22
ME
all"MROW)
®ENEI i WINEEMNS CONTFtACTIN'181 e-raL Enyi1 eefi g Contractors
DATE: July 14, 2014
TO: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
ATTN, Mr. Mike Jenkins
RE: San Ramon Canyon Storm Drain System — procedure and contact for damage
claims at Mobile Horne Park.
Dear, Mr. Jenkins.
With this correspondence I wish to address the appropriate procedure and contact for the three
outstanding sign offs from the Mobile Home Park list of complaints.
For property damage related items and injuries please have the three residents send a formal
letter to:
L.H. Woods & Sons, Inc.
Attention: Ms. Theresa Woods
2115 La Mirada Dr.
Vista, CA 92481
Their request should detail the damages or medical conditions they are claiming as a result of
our construction, make a reference to the project #234 and the reasons that the damages are
the fault of L.H. Woods & Sons, Inc.
LHWS will completely rectify any of its legitimate damages that were caused by itself or sub-
contractors, after our insurance company completes an investigation of the properties in
question.
Anyone found to bring claims against LHWS or CoRPV which are fraudulent or shams in nature,
will be counter sued under the provisions of the false claims act of California.
I can assure you that LHWS will make every effort to continue to meet the requirements and
intent of the specification with any and all effective measures required to do so.
Respectfully yours,
%w'L tri, JreL �
Michael Ireland
Project Manager
L.H. Woods & Sons, Inc.
Corporate Office: 2115 La Mirada drive • Vista, CA 92081 • (760) 599-5500 • Fax: (760) 599-5510
23
July 30, 2014
L.H. Woods & Sons, Inc.
Attention: Ms. Theresa Woods
2115 La Mirada Drive
Vista, CA 92081
Re: San Ramon Canyon Project #234 / Mobile Home Park Damage Claim
Dear Ms. Woods,
In response to the letter dated July 14, 2014 that I received while I was out of the country, please
see the below list of itemized damages that occurred to the interior/exterior of my manufactured
home during the San Ramon Canyon Project.
1) EXterior[Interior House Damages — Estimated Repair Cost: $6,500.00
Painting, repair siding, power wash deck, clean/wash glass wall panels
surrounding deck, clean/wash house windows and repair interior wall cracks due
to the heavy shaking and excessive gritty dust caused by your construction
equipment.
2) Deck Patio Furniture — Estimated Replacement Cost: $600.00
Furniture coating/finish damaged due to excessive gritty dust caused by your
construction equipment.
3) Car Detailing — Estimated Cost: $250.00
Car paint surface dulled and car interior gritty due to excessive dust caused by
your construction equipment.
4) Antique Marble Mantle Clock — Estimated Value: $1,500.00
Marble base cracked due to heavy shaking caused by your construction
equipment.
5) Antique Dresden Porcelain Figurine — Estimated Value: $650.00
Porcelain tulle broke due to heavy shaking caused by your construction
equipment.
I am not claiming any medical conditions.
I appreciate your prompt attention to getting this matter resolved.
Sincerely,
Heidi Pertschi
cc: Palos Verdes Shores/Vedder Management
24