CC SR 20210907 E - Claim Against the City Chiu
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/07/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Janet Chiu.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Janet Chiu.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, City Clerk
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Janet Chiu claim (page A-1)
BACKGROUND AND DISCUSSION:
The City of Rancho Palos Verdes (City) is a member of the California Joint Powers
Insurance Authority (Authority), which provides risk management services and handles
any liability claims received by the City. Under the current practice, claims presented to
the City Clerk are forwarded by the Authority to a third-party claims administrator, Carl
Warren and Company (Carl Warren) for adjusting.
Carl Warren’s staff reviews each claim on its merits and contacts the City with any
requested action pertaining to the disposition of the claim. The City Clerk and the City
Attorney review each claim when received and work closely with Carl Warren throughout
the claims process.
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CITYOF RANCHO PALOS VERDES
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Claimant:
On August 23, 2021, the City received a claim for damages from Janet Chiu. The claim
was referred to Carl Warren for review and investigation. The claimant states that on
August 20, 2021, a City tree fell down and damaged her mailbox.
Deposition:
Carl Warren has reviewed the claim and found that there is no liability for the City as
unlawfully placed rocks and hardscape around the tree may have reduced the proper
amount of water from reaching the tree.
Carl Warren made their determination based on Chapter 12.08, Trees and Shrubs of the
City’s Municipal Code that specifies requirements on planting, removing, and
maintenance of trees. Below are the two specific sections that guided Carl Warren’s
decision.
RPVMC §12.08.060 Obstructing Entrance of Water
No person shall place any substance around any tree planted along with any city -
owned property, which shall impede the free entrance of water or air to the roots of
such tree, without leaving an open space of ground around the trunk of such tree of
not less than 18 inches clearance all around .
RPVMC 12.08.080 Planting in Parkway
Grass, turf, or other groundcover plantings are permitted but cannot attach or ascend
any tree. Planting, cutting, mowing, watering, fertilizing and all other maintenance of
grass, turf, or other ground cover in such parking strips will be performed by the
adjacent property owner.
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FILE WITH:
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
30940 Hawthome Blvd.
Rancho Palos Verdes, CA 90275
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
INSTRUCTIONS
1. Claims for death, Injury to person or to personal property must be flied not
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
2. Claims for damages to real property must be flied not later than 1 year after
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.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
TO: CITY OF RANCHO PALOS VERDES
-;J A i{& C LU
Give address and telephone numbe to which you desire notices or
communications to be sent regarding this claim:
RESERVE FOR FILING STAMP
CLAIM NO.---
RECEIVED
CITY OF RAN~0 PALOS VERDES
AUG 2 3 20 21
CITY CLERK'S OFFICE
Business Telephone Number
..f9-
Claimant's Social Security No.
When did A AG or IN URY occur? 1
Date -.J..<......:""'"'.,_::;."""-'=I' Time MA v b..P, ..Q,.t;,:o/J
If claim Is for Eq ltable lndemnlty,,dtve date
claimant served with the complaint:
ames of any city employees involved in INJURY or DAMAGE
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address 8fld measureme!1ts from landmarks: ) ,., _ ~:;__ \ ......-I . ;._-f J () ,. / h ...f:t ·
B/~ ~ (:>02 { ,e(,\y!:J ~ ( N.R.. ~L f ~ -;J, I h9--f ~ 1 ~~ ~trh, o •.
~i;:~~te~AGE~N~;:i_ ~ 7~~~/2'4 01 ~ ~
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T~.,e_ {A)Jvr,Jv-pl cJ1J s .-fo fn1 d,
Why do you claim the city Is responsible? fit)
he~ -r~?IP'Ji~wt: ~J ~vv 1r~
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Describe In detail each INJURY or DAMAGE.
This Claim Must Be Signed on Page 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 ..•.....••••........ $ -er Future expenses for medical and hospital care . $ _____ _,,,
Expenses for medical and hospital care .•. $ ~ Future loss of earnings ..................... $__, __ _,..._
Loss of earnings ...............•..•... $ :::0::: Other prospectiv e special damages ........•• $y.,._ __ _
Special ga~ges for ....•.............• $ •t9::---Prospective general damages ...•........... y _ _.,._ __ VYl "~. Q (;:-cl'i/ ·~ /.:lw1 tl lrWI \. aq_a o Total estimate prospective damages ....... $..,.._ __
Genera~e~ l: . \:" ........ J ••• '('} ••• Y5 ..t.i.J. l.L
Total damages Inc urred to date ........ $ ___ _
Total amount claimed as of date of presentation of this c laim: $
Was damage and/or Injury investigated by P?llce? '4&l If so, what city? ________________ _
Were paramedics or ambulance called? Yk-0 If so, name city or ambulance ______________ _
If Inj ured, state date, time, name and address of doctor o f yo ur first visit __________________ _
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 vehic le when you first s aw City vehicle; location o f
of streets, Inc luding North, East, South, and We st ; 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 v ehicle 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 flt the situation, attach hereto a proper
when you first saw It, and by "B" location of yourself or diagram signed by the claimant.
CURB
Signature of Claimant or person filing on
his behalf giving relationship to Claimant:
SIDEWALK
Typed Name:
CURB
Date :
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov . Code Sec. 915a). Presentation o f a false claim is a felony (Pen. Code Sec . 72.)
THIS DOCUMENT IS A PUBLIC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND.