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CC SR 20190507 M - Claim against the City BarrettRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/07/2019 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a claim against the City by Tom Barrett 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. Tom Barrett claim (page A-1) BACKGROUND AND DISCUSSION: The claimant alleges that City landscapers damaged his vehicle while trimming ice plant in the vicinity of his property. The claimant alleges that due to the extreme nature of the trimming, several inches of dirt were removed, consistent with a gas-powered trimmer. He believes the trimmer caused debris and rocks to damage his windshield. The alleged incident occurred on December 21, 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 no city contractors were working in the area on December 21, 2018. 1 FILE WITH : CLAIM FOR DAMAGES RESERVE FOR FlUNG STAMP CITY CLERK'S OFFICE CLAIM NO. '2J:) \ q-t> I City of Rancho Palos Verdes TO PERSON OR PROPERTY 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 H c:Ct:I Vt:O 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 . 91 1.2 .) .~ITY OF RAN CHO PALOS VERD E 2. Claims for damages to real property must be filed not later than 1 year after APR 0 9 201 9 the occurrence. (Gov. Code Sec. 91 1.2 .) 3. Read entire claim form before filing . 4 . See Page 2 for diagram upon which to locate place of accident. r ~TY CLE RK'S OFFir 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 Date of Birth of Claimant Tom Barrett -Name of Claimant Occupation of Claimant 29017 Sprucegrove Dr., Rancho Pa los Verdes , CA 90275 Fi lm Edito r Home Address of Claimant C ity and State Home Telephone Number 3 1 0-377 -1005 Business Address of Claimant City and State Business Telephone Number 3 10-487-33 60 Give address and telephone number to which you desire notices or Cla imant's Social Security No. communications to be sent regarding this claim: Please use the above address & 310-487-336 0 ~ When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date Time If claim Is for Equitable Indemnity, give date claimant served with the complaint: Date Where d1d DAMAGE or INJURY occur? Descnbe fully, and l ocate on diagram on Page 2. Where appropnate, g1ve street names and address and measurements from landmarks: The d amage occurred to a vehicle parl<ed in the driveway at 29017 Sprucegrove Dr., Rancho Palos Verdes, CA 90275 Describe in detail how the DAMAGE or INJURY occurred. City hired landscapers severely cut back the curbside iceplant across the street from our property. The work appears to have been done on 12/21 /18. They trimmed the i c eplant down t o the dirt (7 inches deep & 7 inches bac k ). The debris from the trimming was scattered across the street onto my property. My 2018 Toyota RAV4, which was parked in my driveway, was not only covered in dirt from the trimming, but was struck by debris that shattered windshiel d . Why do you c laim the city is responsible? The landscapers were hired by the c ity. The extreme nature o f the trimming, in some places several inches of earth were removed, is consistent with that gas powered trimmer. The landscapers were used the gas trimmer to lower the height of the hillside so that it was level with the c urb. The landscapers did not take the proper precautions to protect the nearby properties from the dirt and rocks scattered by the high powered machines. My vehicle had been washed prior to leaving town & when we returned it was covered in a layer of dirt Our vehicles do not get that dirty i n suc h a short period of time. I also found several small rocks in our lawn & driveway. Describe in detail each INJURY or DAMAGE. This Claim Must Be Signed on Page 2 A-1 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 .....•.............. $ Future expenses for medical and hospital care . s. ___ _ Expenses for medical and hospital c are .•. $ Future loss of earnings ..................... $. ___ _ Loss of earnings ...................... $ Other prospective special damages .....•.•.. $. ___ _ Special damages for ................... $ Prospective general damages ......•........ $. ___ _ General damages ...................... $ $1214.98 Total estimate prospective damages ....... $ ___ _ Total damages incurred to date ........ $._:-:--:--,- Total amount claimed as of date of presentation of this claim: $ $1214.98 Was damage and/or injury investigated by police? No If so, what city? _________________ _ Were paramedics or ambulance called? If so, name city or ambulance----------------- If i njured, 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 Address Phone ________ _ Name 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 comers. 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 CURB J 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. SIDEWALK PARKWAY SIDEWALK Si gnature of Claimant or person filing on Typed Name: his behalf to Claimant: Thomas M Barren NOTE: CLAIMS MUST BE FILED WIT1-t CITY CLERK (Gov. C ode Sec. 9 15a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) THIS DOCUMENT IS A PUBUC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND. A-2 Friday , March 15, 2019 at 10:34:15 AM Pacific Day light lime Subject: 29017 Sprucegrove Drive Date: Monday, January 7, 2019 at 9:00:44 AM Pacific Standard Time From : Juan Hernandez To: tombarrett99@hotmail.com Hi Tom, this email is to touch basis with you in regards to the vegetation across the street from your address 29017 Sp r ucegrove Drive. Our City Landscapers trimmed that ROW vegetation early in Decembe r. I will let you know a more precise date once they get back to me . Juan Hernandez, Superintendent Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd . Rancho Palos Verdes, CA 90275 Tel :310-544-5221 jhernandez@rpvca.gov ~ A-3 Page 1 of1 Frid ay, March 15, 2019 at 1 0:34:06 AM Pa ci fic Day light Time Subject: RE: 29017 Sprucegrove Drive Date: Tuesday, January 8, 2019 at 11:43:47 AM Pacific Standard Time From : Juan Hernandez To: tomba r re tt99@hotmail.com CC: Cheri Bailiff Hello Tom, I was not able to get an exact date for when City landscapers did work in early December for those hedges across the street from your res idence . An d in Regards to street swee p ing, this street gets swept twice a month on the 2nd and 4 th Friday of the month. In December it was 12/14 and 12/28/18. If you still wish to file a claim , please fill out the attached cla im form and submitted to City Clerks office . Thank You. From: Juan Hernandez Sent : M onday, January 07, 2019 9:01AM To: 'tombarrett99@hotmail.com' <tombarrett99@hotmail.com> Subject: 29017 Spru cegrove Drive Hi Tom, this email is to touch basis with you in regards to the vegetation across the street from your address 29017 Sprucegrove Dr ive . Our City Landscapers trimmed that ROW vegetation early in December. 1 will let you know a more precise date once they get back to me. Ju an Hernand ez, Su perint end ent De partment of Publ ic W o rks City of Rancho Pa los Verde s 30940 Ha wthorne Blvd. Ranc ho Pal os Ve rd es , CA 90275 Te l:310-544-5221 j hernandez@...rpvca.go v t: A-4 Pag e 1 ofl CUSTOMER #: T951905 UNIT# TT82837 872 1 60 ~ DCH TOYOT A I SCION 8 '-.JL/ TORRANCE -= :X:f ·==-ze- THOMAS BARRETT 29017 SPRUCE GROVE DR *INVOICE* 2955 PACIFIC COAST HIGHWAY TORRANCE, CA 9 0505-6739 3 10-325-7602 RANCHO PALOS VERDES, CA 90275-3061 PAGE 1 HOME:310-377-1005 CONT:NOEMAIL®NOEMAIL.COM BUS· 310-377-1005 CELL· 310-4 87-3360 SERVICE ADVISO R : 174823 CRISHANTE ROBERTSO COLOR YEAR MAKE/MODEL V IN LICENSE M ILEAG E IN I OUT TAG ASH*SILVEJ:; 18 ~"''"'"'A RAV4 JTMWFREV2JD125819 4436 /4437 r£'523@ DEL. DATE PROD. DATE WARR. EXP. PROMI SED PO NO . RA TE PAYMENT INV. DATE 14JUL18 DI 18:0 0 03JAN19 EXT 03JAN19 R.O. OPENED READY OPTIONS: SOLD-STK:TT82837 DLR:04748 TRN: :--} 09 :25 03JAN19 14:57 03JAN19 LINE OP COD E TECH TYPE HOURS LIST NET A 5 ., 000 MlLE SYNTHETIC VEH ICLE SERVICE -COMP MAINT 05KSYN 5,000 MILE SYNTHETIC VEHICLE SERVICE - COMP MAINT 116261CPTCM 40.80 PARTS: 0.00 LABOR: 40.80 OTHER: 0.00 TOTAL LINE A: **************************************************** B PERFORM DCH EXPERIENCE MULTI-POINT INSPECTION. TIRE PRESSURES HAVE BEEN RECORDED ON HARD COPY. YOUR NEXT SERVICE APPOINTMENT WILL BE ON PLEAS E CONTACT US TO CHANG ES . CAUSE: COURTESY MULTI POINT INSPECTION LMPI PERFORM DCH EXPERIENCE MULTI-POINT INSPECTION. TIRE PRESSURES HAVE BEEN RECORDED ON HARD COPY. YOUR NEXT SERVICE APPOINTMENT WILL BE ON PLEASE CONTACT US TO CHANGES. 116261 ISP PARTS: 0 .00 LABOR: 0 .00 OTHER: 0.00 TOTAL LINE B: *****~*******'*************************************** C GLASS MAN TO REPLACE GLASS M REPLACED GLASS 116261 CA 1 56101 -4254~ GLASS SUB-ASSY WIND MISC INV#W034983 PO 1653 3 4 CA PARTS : 633.95 LABOR: 75.00 OTHER : 145.00 633 .95 75.00 633.95 145.00 TOTAL LINE C: **************************************************** D TECHN ICIAN PERFORM CALIBRATION OF WINDSHIELD M PERFOMED CALIBRATION 116261 CA PARTS:· 0 .00 LABOR: 300.00 OTHER : 0.00 300 .00 TOTAL LINE D : **************************************************** ORIGN IAL AUTHORIZED DESCRIPnON h""\t SERVI CE D EPARTM ENT HOURS: ESTIMATE AOOfTIONS MONDAY THROUGH FRIDAY LABOR AMOUNT 7:00AM TO 7:00PM $ $ PARTS AMOUNT ((, ~c"\ PARTS AN D CASHIER H OURS: NOTICE TO CONSUMER GAS . O IL, LUBE MONDAY THROUG H FRIDAY 7:00 AM TO 7:00 PM PLEASE READ IMPORTANT INFORMATION ON BACK SUBLET AMOUNT I acknowledge notice and oral approval of an MISC. CHARGES ALL PA RTS ARE N EW SATURDAY HOURS: increase In the original estimated price TOTAL CHARGES UNLESS SPECI FIED 7:30AM TO 5:00 PM and authorize any additional warranty sei'Vlce. OTHERW ISE . B Y A PPOINT M EN T O N LY INSURANCEI DISCOUNTS OUR CHARGES ARE NOT BASED ON ACTUAL TIME BUT ARE X SALES TAX ESTABLISHED BY MULTIPLYING OUR RET AIL LABOR RATE BY CUSTOMER SIGNATURE PLEASE P A Y INDUSTRY FLAT RATE ALLOWANCES OR OUR OWN EXPERIENCE OF THE AVERAGE REQUIRED TIME. T H IS A MOUNT TOTAL 40.80 40.80 (N/C) 0 .00 75 .0 0 633.95 14 5. OQ 853 .95 300 .00 300 .00 TOTALS A-5 BAR # ARD 169056 EP A # C AL 00032 5 8 6 5 WARNINO: Mow .,.,_ """',.' c"""''"" •nown 10 uv St••• of C.Wtomll 10 cau,. """"'' ..,.; .... delec" o< 0111"' Uj)IO<Iuctlye 1\o<m TlleH -~~ "'' ..,....,.,. '" '"""~I vehlde COfTII)Oftt4'tts •nd reollce"-n1 pam, v~lae t\Kis •nd PMlU •nd INteNts. 1.."514 to m•uan veNc:Jn. 11'\CII.Id~ buJ not Wn1ted to. t~ o-1. Nnenes bfak.tf ~,........ be~ welgtns In aOdnlon. motOI 'Y•Ncle& emiJ ef'l911"1e cxn.u., and tumes •nd ~ Mrtlcelf, oMwl«i 0-f n'IOY'IY..-.d Qe!'er•w UH'CI 0 .. IO'IfKte !h.MOI , fumn 9feMI!. gul' ..... 1M pertJCUiate• from componen t weiN'. WhiCh eonllin ~•II i:no~ 10 tne Sttte ol Can~Otn•• to eauS4 Oaneet" end bltth defectt 0< O\tlel ~~rOCiu«Ne narm.IPoltN itt IJC~tKf»n<:e wttft Propos!rlotl 6511) Clll Hunh • SafetY CoM 125249.5 e1 seQ I For lurrher .in/ormation <~boul ftoposltion 65 httP..IIrt~ww.oeMa.Mg/IJ'DtJ6 nrm CUSTOMER #: T951905 UNI T# TT82837 THOMAS BARRE TT 2 9017 S P RUCEGROVE DR 8 72160 *INVOICE * ~ DCH TOYOTA I SCI ON ·~l 'JL/ TORRANCE ~ 2955 PACIFI C CO A ST HIGHWAY TORRAN CE, C A 90505-6739 310-325-7602 RANCHO PALOS VERDE S , CA 9 0 275 -3 0 61 PAGE 2 HO ME:3 1 0 -377 -1005 CO NT:NOEMAIL®NOE MAI L .CO M BUS · 3 10-377-1 005 CELL· 31 0-4 87 -3 360 SE RV ICE AD V IS O R: 17 4 82 3 CR I SHANTE ROBERTS O COLO R YE A R M AKE /M ODEL AS H*SILVEJ; 18 'A RAV4 DEL. DA TE PR OD. DATE WA RR. EXP . 1 4 JUL 18 D[ R.O . OPENED REA OY 09 :2 5 03JAN1 9 14:57 03 JAN19 LINE OPCODE TECH TYPE HOURS "~"~ SERVICE DEPARTMENT HOURS : MONDA Y THROUGH FR IDAY 7:00AM 10 7:00 t'M ('{; W'o"\ PARTS AND CASHIER HOURS : MONDA Y THRO UGH FRIDA Y 7:00AM TO 7 :00PM AU PARTS ARE NEW SATURDAY HOURS: UNLESS SPECIFIED 7 :3 0AM TO 5:00PM OTHERWISE . BY APPOINTMENT ONLY OUR CH ARG ES ARE NOT BASED ON ACTUAL TI ME BUT ARE ESTA BLI SHED BY MULTIPLYING OUR RETAIL LABOR RATE BY IN DUSTRY FLAT RA TE ALLO WANCES OR OUR OW N EXPER IENC E OF THE AVERAGE REQUI RED TI ME. BAR # AR D 169056 EPA # CAL 000325865 VIN LICE NSE M ILE A GE IN I OUT TA G JTMWFR EV2JD1258 1 3 4436 /4 437 11'52 3@ PRO M ISED PO NO. RA T E PA Y MENT IN V . DATE 18 :00 0 3JAN1 9 EXT 03JAN 19 $ OPTIONS : SOLD-STK :TT82837 DLR:0 4 7 48 TRN: :--} L I ST NET TOTAL I autho rize DCH Toyota /Scion of Torrance t o c o nta c t me a t my a b ove noted t e l e phone number on any matter c oncern ing my vehi c le . x __________________________________________________ __ DC c TO YOTA "'-= Tn ~R ANCE ~ JAN 0 3 /O'q )J.. L II r.~ 0 CASH 0 CHECK 0 CC. ORJrn.I IA.L AUTHO RIZED ESTIMATE ADDITIO NS $ NOTICE T O CONSUMER DESCRIPTION TOTALS LA BO R AMOUNT 41 5 8 0 PA RTS A MOUNT 633 .95 GAS, OIL, LUBE 0 .00 PLEASE READ IMPORTANT INFORMATI ON ON BACK SUBLET AMOUNT 0 .00 I ac knowledge noti c e and o ra l ap proval of an MISC . CHA RGES 1 45.0 0 Increas e i n t he original es timat ed price TOTAL CH ARGES and au thori ze any additional w arran t y service . 11 9 4.75 INSU RANCE /DISCO UNTS 4 0 .00 X S ALE S T A X 6 0 .2 3 CUSTOMER SIGNATURE PLEASE PA Y /~.-6 T HIS AMOUNT 1214 .98 WARNING : Mo to• ·-"' con•aln -• known 10 !he Sute ol C.klo•""' to eau,. ..., ... •..O bn• dele<:ti oro""" •eotod""""' •arm Thm Chi-"" 001>1°""" In l l vehlde compon•nt~ enCI replacement pa.rct . vet'liolt lbd1, lnd 0.0111'11$ and tnlttorltJJ utod tO meln u~in vehc~ • .,c;ludl'lg , tlut not lm.ted to . t'*. at, bette·flet~ brak e~ tnd w keo!Y balanc:ii\Q welghtt In atJOilJOft, n~()lOt vttw;let •mit .ngl!'lc cxNU'It &no lvmet, and v.t*" w~CI . ~.or mMttllintd Qet'IC!tl't• ~Oil, wasu fluid•. tumn, oruse, gtlme, ll)d pank:ul&tes I IOn'l co~l Wtaf, which conta in enem.cell \N wt\ to the Sllte o1 Calllotnla to ca-ut• e•neet and DltU\oetec:aor 01fm' t~o(I.Ut$1'1e h arm .(Posr«i i? .Ct:Oidll'!c« Wifll P,QPOS~-'rion li5 In Cfl. Hulrn & S•'-tv COf!• \2524 9.5 .: s«; i F<Jr f1J11hw /nf(J(tfNfion MJcNr ~n 65; http:II<NWW.O#hM.orrjlprop & ttnl Emily Colborn, City Clerk City Clerk's Office 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Dear Ms. Colborn 29017 Sprucegrove Dr. Rancho Palos Verdes, CA 90275 March 28, 2019 The purpose of this letter is to file a claim for reimbursement for damage to my vehicle caused by city hired landscapers. The damage occurred on December 20th on Sprucegrove Dr., in Rancho Palos Verdes. My 2018 Toyota RAV4 was parked in my driveway, facing the street at 29017 Sprucegrove Drive. We were out of town from 12/19/18 to 12/31/18. Upon our return we found our vehicle covered in dirt & dust and the windshield broken. We also found rocks and stones in our driveway and lawn. Across the street, the curbside vegetation and about 7 inches of rocky soil had been removed. The trimming pattern was consistent with that of a gas-powered trimmer which I've also personally seen used by city hired landscapers around town. The issue is since the trimmer blades/lines operate at high speeds they not only cut the desired vegetation, but also often throws stones and other objects at high rates of speed. Using it to level the surrounding ground to the same height as the curb, would in effect launch dirt and rocks putting nearby windows in jeopardy in houses and cars alike. Included in this packet are: The City of Rancho Palos Verdes claim form Email correspondence between myself and Juan Hernandez, Superintendent of the Department of Public Works for the City of Rancho Palos Verdes A-7 A receipt from DCH Toyota for replacing the windshield Pictures of the damaged vehicle and screen grabs from my ring doorbell to establish the date of the landscaping work. Please let me know if you need any additional information. Regards, Tom Barrett A-8 Addendum When I first contacted Juan Hernandez, Superintendent for the Depa rtment of Public Works for the City, I told him my vehicle had been damaged by city workers some time between 12/19/18 and 12/31 /18 while we were out of town . I was told that the City landscapers could not have damaged our vehicle during those dates because the work had been performed in early December. Mr. Hernandez was going to get in touch with the landscaping company and get the e xact date the work had been performed . Mr. Hernandez did email back, however the city's landscapers were unable to provide him with an exact date . I will include copies of the email exchange. I am including several screen captures from our Ring video camera . The camera faces the street and the vegetation & curb are visible. The camera d id not capture the landscapers performing the work, but it does show a clump of iceplant grow i ng over the curb that is visible on the 12/20. Video from 12 /21 shows that the iceplant is gone and has been replaced by scalped, bare ground. Based on the screen grabs, it is clear that the work was performed on 12 /20/18 and not early December as the city landscapers incorrectly stated. In addition to the screen captures are several pictures that I took of the damage to the vehicle, pictures the area trimmed & the rocks found on our property. I'm i ncluding a repair receipt for $1214.98 from DCH Torrance Toyota, who replaced the windshield on the vehicle . Picture 1 This screen grab is from the morning of 12/20/18. Behind the person approach i ng out house is a visible clump of iceplant that has grown over the curb . Picture 2 This from the same screen grab from the morning of 12/20/18, with the clump of iceplant that has grown over the curb magnified . Picture 3 This is from a screen grab from the evening of 12/20/18. Please note that the clump of iceplant has been removed . A-9 Picture 4 This is from the same screen grab from the evening of 12/20/18 with the m issing iceplant section magnified . Picture 5-10 These screen grabs are all from 12/21/18 and included magnified images. The iceplant has been clearly trimmed in these images. There is also a distinct dirt path alongside the curb where there was previously iceplant. Picture 11 & 12 These screen grabs are from 12 /25/18 and the 2nd is a magnified image. The trimmed iceplant is clearly visible in both of these images. Vehicle Pictures A-M . These are pictures of the vehicle parked in my driveway before & after the windshield was cleaned . Pict ure A -Please note the unusual amount of dirt covering the vehicle . The veh icle had been washed the week prior, yet when we returned , it was covered in a thick layer of dirt, which is completely abnormal. There was clearly a large amount dirt kicked up by something. The crack is visible in the center of the windshield. Picture B -Again, please note the amount of dirt on the windshield . The crack is visible running parallel with the windshield wiper. Picture C -The crack is left of center, but it is difficult to see through the layer of dirt. Pict ureD -Inside the vehicle looking out. The crack starts at the bottom of left and travels to the top right Picture E -The windshield clean with the crack. Please notice the contrast between the clean section and the dirt still visible in the lower right corner. Picture F -The c r ack from the i nside out. P icture G -The clean windshield with the crack . Picture H -The curbside clearing that was created by the City landscapers directly across the street. Picture I -The newly cleared dirt section running north on Sprucegrove Dr. A-10 Picture J -A close-up of the newly cleared dirt section running north on Sprucegrove Dr. Please note the debris on the curb. Picture K -Shows that the iceplant was cut back more than 7 inches. Picture L-Shows that the iceplant and the soil was cut down more than 7 inches . Picture M -Shows how much iceplant and soil was removed by the curbside tri mming . Picture N -Please note the rocks and stones present curbside . A high powered trimmer would launch these rocks and stones at a very high speed. Picture 0-Rocks & stones found in our driveway and in the lawn alongside the driveway. A-11 ()(:) -- ® A-24 L() N I <( A-26 A-27 A-28 A-29 A-30 A-31 A-32 A-33 A-34 A-35 A-36 A-37 A-38