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CC SR 20181107 D - Claim against the City CoxRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/07/2018 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a claim against the City by Cox Facilities. 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. Cox Facilities claim (page A-1) BACKGROUND AND DISCUSSION: The claimant alleges that employees or agents of the City damaged a Cox Facilities cable while installing a post in front of 26231 Silver Spur Road. The alleged incident occurred at an unspecified time on May 23, 2018. The claim was filed on September 17, 2018. 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, while the private property mentioned in the claim is located within Rancho Palos Verdes, the work was performed in the public right-of-way located within Rolling Hills Estates. Additionally, the work was performed by a company that is not employed by the City of Rancho Palos Verdes. 1 C l'll R EXPECTSUCCESS"' *****NOTICE OF CLAIM***** Date: 09-10-2018 CERTIFIED MAIL, RETURN RECEIPT REQUESTED To: CITY OF RANCHO PALOS VERDES CITY CLERK 30940 HAWTHORNE BL VD RANCHO PALOS VERDES, CA 90275 CERTIFIED MAIL# 92148901066154000128256910 RE: Damage to COX Property COX Claim Num: Damage/Discovery Date: ESR000002692836 05-23-2018 RECEIVED SITY OF RANCHO PALOS VERDE S SEP 1 '/ 2018 CITY CLERK'S OFFIC E Damage Location: Damage County: 26231 SILVER SPUR RD, RANCHO PALOS VERDE, CA UNKN Damage Amount: $ 2,508.36 Dear Sir/Madam: Please be advised that COX Facilities sustained damage as a result of the negligent acts or omissions by employees or agents of CITY OF RANCHO PALOS VERDES . Investigation has revealed that on or about 05-23-2018 employees or agents of CITY OF RANCHO PALOS VERDES, CSI PA YING INC WAS INST ALLING A POST FOR THE CITY OF RANCHO PALOS VERDE AND DAMAGED A COX CABLE in the area of 26231 SIL VER SPUR RD, RANCHO PALOS VERDE, CA. This letter is the written presentment ofCOX's claim pursuant to California Government Code 910-911 REQUEST FOR GOVERNMENTAL NOTICE FORM If your Governmental Entity requires the completion of its own form to complete proper notice, please forward a copy to the address listed above. Every good faith effort has been made to identify the proper office and address to perfect our notice. Please forward to your attorney, if misdirected, to contact us. Matters herein stated are alleged on infom1ation and belief this pleader believes to be true. If there is insurance to cover this matter, kindly advise as to the name of the insurance company, its address and the claim number assigned. If you have any questions, or need additional information, please contact me at 1-800-321-4158 ext 8232 . Sincerely, Chelsea Dongelewic ~D~ NOTARY CMR Claims DEPT CLAIMS MANAGEMENT RESOURCES Phone 405.606.8200 I P.O. Box 60770, Oklahoma City, OK 73146 I www.cmrclaims.com A-1