CC SR 20150804 H - Claim Against the City Hossein ShahbazianCITY OF t ARANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR AND CITY CO NCIL MEMBERS
FROM: CARLA MORREALE, CITY CLER M'
DATE: AUGUST 4, 2015
SUBJECT: CLAIM AGAINST THE CITY BY HOSSEIN SHAHBAZIAN
REVIEWED: DOUG WILLMORE, CITY MANAGER MAS
RECOMMENDATION
Reject the claim and direct staff to notify the claimant.
DISCUSSION
The claimant alleges that from February 2014 to the present (February 18, 2015 — date
claim was received by the City) he suffered property damages from the grading activity
of his neighbors (Hessers); and personal damages from the prolonged application
process and contact with City staff.
The City has taken the position that this claim is the result of a dispute between the two
neighbors; and the City contends that due process was afforded the Shahbazians and
no discrimination has taken place. The City's Claims Administrator, Carl Warren and
Company, has reviewed the claim and advised the City to reject the claim as the City's
liability is doubtful.
Attachment
Claim (page 2)
1
FILE WITH: CLAIM FOR DAMAGES
RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
CLAIM NO. o10 I'S - 0.3
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;
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 18 2015
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.
CI I IT/
CLERKS 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
Name of Claimant
Occupation of Claimant
Hossein Shahbazian
Home Address of Claimant City and State
Home Tele hone Number
29029 Sprucegrove Dr., RPV, CA 90275
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:
29029 Sprucegrove Drive, RPV, CA 90275
When did DAMAGE or INJURY occur?
Names of any city employees involved in INJURY or DAMAGE
Date From 2/14 to present Time
Community Development Director Joel Rojas; Senior Planner So
If claim is for Equitable Indemnity, give date
Kim; Associate Planner Leza Mikhail; Planning Department; City of
claimant served with the complaint:
Rancho Palos Verdes
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:
Property damage and loss to Shahbazian's upper pad extending roughly 86'3" along the northern boundary line separating them
from the neighbors to their immediate north( Hessers), Personal injury to Hoss, occurred at various locations, including City Call,
city hearings, email and public correspondence, and site visits.
Describe in detail how the DAMAGE or INJURY occurred.
SEE ATTACHED.
PROPERTY: Hesser grading; excavation & filling with concrete, tar, and/or dirt changed grade of Hesser & Shahbazian property. Alteration of retaining wall
supporting Shahbazian's foundation; changing dimension, construction, & materials. Abuse of power & application process: Discarding applications;
misrepresenting submission dates; deliberate bifurcation of applications, issuing an "after -the -fact" ministerial, non -appealable approval for fence on
Shahbazian's pad.
PERSONAL: Prolonged anguish caused by constant misrepresentations regarding application process, belittling and embarrassing Hoss at City Hall,
constant issuance of erroneous permits (trellis, shade structure, wood shed), requiring Shahbazians to resubmit deck plans stamped by engineer numerous
times while other similarly situated persons receive expedited service. Excess of payments, fines, and penalties for deck and fence when initially indicating
fines would be waived. Imposing conditions on deck approval requested by Hessers and others not related or proportional to deck. Destruction of
Shahbazian's property and ignoring their pleas for help while grading and alteration of the retaining wall was occuring. Took Shahbazian's land.
Why do you claim the city is responsible?
PROPERTY: Knowledge of Hesser grading, alteration of retaining wall, and Shahbazian's ownership in white -lattice fence prior to and during
dispute/issuance of erroneous approvals. Failing to enforce various Municipal Code provisions despite repeated correspondence from the Shahbazians.
Active participation in permit applications and deliberate bifurcation and falsification of application process. Disparate treatment of the Shahbazians as
evidenced by requiring the resubmittal of plans for deck and window extensions that had been stamped by engineer, various times while others permitted to
make hand drawings and interlineations therein. requirement. False representations and continued falsification.
PERSONAL: Department had knowledge of facts and circumstances from beginning, and continued aiding the Hessers at the Shahbazian's expense. Rojas,
Kim, and Mikhail had personal knowledge of the state of the Shahbazians, the pleas they had made, and their emotional state, and failed to act on the
information provided and used authority granted by their positions to make everything difficult for the Shahbazians and manipulate the Hesser application
process.
Describe in detail each INJURY or DAMAGE.
PROPERTY DAMAGE: grading & alteration of the retaining wall compromised the structural integrity of the of the Shahbazian's home,
retaining wall, foundation and caused significant drainage damage. Shahbazians required to provide a temporary remedy. Created flood
area along side building facade on Shahbazian's north, required SHahbazians to provide temporary fix. Holes remain on Shahbazian's
upper pad.
PROPERTY LOSS: Loss of 86'3" X 1" of property on Shahbazian's upper pad elevation along northern boundary line as measured from
the northern edge of the retaining wall. Loss of claim or cause of action as to claim of ownership.
PERSONAL: Emotional distress resulting in mental anguish, physical anguish; Hoss suffered breakdown at City Hall. Loss of enjoyment of
property and fear of the Planning Department and officials therein.
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 ....................
$ 150,000.00
Future expenses for medical and hospital care .
$
Expenses for medical and hospital care ...
$
Future loss of earnings .....................
$
Loss of earnings ......................
$
Other prospective special damages ..........
$ 250,000.00
Special damages for ...................
$ 500,000.00
Prospective general damages ...............
$ 400.000.00
Total estimate prospective damages.......
$ 850,000.00
General damages ......................
$ 200,000.00
Total damages incurred to date ........
$ 850,000.00
Total amount claimed as of date of presentation of this claim: $ 1,500,000.000
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 Vicky Shahbazian Address —Phonen=_
Name Melissa Aguirre Address Phone
Name Cyrus Shahbazian 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 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 "13-1" 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.
t
SIDEWALK
Signature of Claimant or person filing on
his behalf ivin relationshi to Claimant:
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK 1
SIDEWALK
Typed Name:
Hossein Shahbazian
Date:
02/15/15
CURB
Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
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