CC SR 20211207 E - Claim Against the City Galante
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/07/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Yvonne
Galante.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Yvonne Galante.
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. Yvonne Galante 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.
1
Claimant:
On October 4, 2021, the City received a claim for damages from Yvonne Galante. The
claim was referred to Carl Warren for review and investigation. The claiman t states that
the Colinita Trail and hillside adjacent to her property contained overgrown trees and
shrubs that were cut down and removed. The claimant states this caused dirt, debris and
branches to cover her yard and pool. The claimant states she was re quired to hire
contractors to clean her yard. The claimant also has additional concerns regarding the
complete removal of trees and shrubs will cause loss of lateral support leading to erosion,
slope failure and mudslides.
Deposition:
Carl Warren has reviewed the claim and found that there is no liability for the City as the
parcel wherein the trees and shrubs were cut down and removed, is owned and
maintained by the Miraleste Recreation and Parks District, a Los Angeles County
supported agency. Any and all work is solely performed by that entity.
2
September 29, 2021
City Council
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA ... 90275
Members of the City Council:
I am writing notify you of a situation and liability that was caused by workers engaged by the City and the
Miraleste Parks and Recreation District ("PRO") on Tuesday 9/7/2021 on the Colinita Trail adjacent to my
property located at Rancho Palos Verdes.
Recently the Colinita Trail had some overgrown trees that were leaning on the power lines about which I
became concerned. I contacted both the PRO offices and Fire Department on several occasions and left
messages to have someone speak to me and to possibly send someone to my home to address the
problem. I must stress that I did not want the trees, shrubbery, or landscaping removed or cut down
entirely, only trimmed, as it prevents erosion during heavy rains, which can adversely affect my property.
No one from the City or PRO contacted me.
I was out of town from Thursday 9/2/21 until Tuesday 9/7/21. When I returned, I discovered workers
engaged by the City or PRO had chopped down and removed all trees, shrubs, and plant life on the trail
and hillside adjacent to my property and did so without prior notice or warning.
The operation created dirt, debris and branches which covered my yard and my pool. As a result, I
was required to hire people to clean up my yard at considerable expense. Attached is the invoice and
estimate for the charges incurred, as I am expecting a full reimbursement from the City and PRO.
Be advised further, the removal of all trees, vegetation and plants on the trail and hillside adjacent to my
property presents a serious concern for erosion during wet weather. Slope failure, mudslides and loss of
lateral support could cause damage to my property and possible personal injuries or worse, for which the
City and PRO will be responsible.
Please see attached before and after photos showing the vegetation on the hillside which existed before
the damage caused in my absence. Please also take note in both the before and after photos of the
trees near the power lines, which are currently still a cause for concern as they were not trimmed at all.
Regards,
CC: Board of Directors, Miraleste Park and Recreation District
19 Miraleste Plaza
Rancho Palos Verdes, CA. .. 90275
A-1
September 29, 2021
Board of Directors, Miraleste Park and Recreation District
19 Miraleste Plaza
Rancho Palos Verdes, CA. .. 90275
Board of Directors:
I am writing to notify you of a situation and liability that was caused by workers engaged by the City and
the Miraleste Parks and Recreation District ("PRO") on Tuesday 9/7/2021 on the Colinita Trail adjacent to
my property located at , Rancho Palos Verdes.
Recently the Colinita Trail had some overgrown trees that were leaning on the power lines about which I
became concerned. I contacted both the PRO offices and Fire Department on several occasions and left
messages to have someone speak to me and to possibly send someone to my home to address the
problem. I must stress that I did not want the trees, shrubbery, or landscaping removed or cut down
entirely, only trimmed, as it prevents erosion during heavy rains, which can adversely affect my property.
No one from the City or PRO contacted me.
I was out of town from Thursday 9/2/21 until Tuesday 9/7/21. When I returned, I discovered workers
engaged by the City or PRO had chopped down and removed all trees, shrubs, and plant life on the trail
and hillside adjacent to my property and did so without prior notice or warning.
The operation created dirt, debris and branches which covered my yard and my pool. As a result, I
was required to hire people to clean up my yard at considerable expense. Attached is the invoice and
estimate for the charges incurred, as I am expecting a full reimbursement from the City and PRO.
Be advised further, the removal of all trees, vegetation and plants on the trail and hillside adjacent to my
property presents a serious concern for erosion during wet weather. Slope failure, mudslides and loss of
lateral support could cause damage to my property and possible personal injuries or worse, for which the
City and PRO will be responsible.
Please see attached before and after photos showing the vegetation on the hillside which existed before
the damage caus~d in my absence. Please also take note in the before and after photos of the trees
near the power lines, which are currently still a cause for concern as they were not trimmed back at all.
Regards,
CC: City Council
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA. .. 90275
A-2
YV,onne Galante
BEFORE 9/7/2021:
AFTER 9/7/2021:
DAMAGE TO COLI NITA TRAIL
ABOVE/ ADJACENT TO PROPERTY
A-3
Jerry'".s ~_plate GarEienlng-Senlice
1130 N. Cabrillo Avenue
San Pedro, CA 90731
(31 O) 514-1285
jerrysgarden@att.net
Estimate
.ADDRE-SS
Ralph & Yvonne Galante
ACTIVITY
Lan~
Back yard slope planting, irrigation to new plants. Cleaning out
water drain.
Ground cover plants, fast growing bushes, 1 cu. yd. of topsoil for
plants.
All plant material and irrigation and hauling included.
TOTAL
QTY
1
Accepted By Accepted Date
.ESTJMAT.E # 1077
DAT.E 09/29/2021
RATE
2,500.00
AMOUNT
2,500.00
$2,.500 .. 00
A-4
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A-5
AFTER 9/7/2021:
A-6