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CC SR 20220301 E - Claim Against the City Ed Shea CITY COUNCIL MEETING DATE: 03/01/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Edward J. Shea. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Edward J. Shea. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Teresa Takaoka, City Clerk REVIEWED BY: Same as above APPROVED BY: Ara Mihranian, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Mercury Insurance 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. Claimant: On February 8, 2022, the City received a claim for damages from Edward J. Shea. The claim was referred to Carl Warren for review and investigation. The claimant states that 1 a power outage caused his garage door not to open necessitating a repair. The garage door company’s technician stated the outage blew out the main logic board which had to be replaced. Mr. Shea contacted SCE representatives and the California Public Utilities Commission (CPUC) for restitution. The former (SCE) contends no liability and CPUC stated the matter was out of their jurisdiction. Deposition: Carl Warren has reviewed the claim and found that there is no liability for the City as the City does not have control over the supply of electrical power, whether there is a complete or partial failure in the electrical supply and is a separate entity from SCE. Carl Warren recommends denying the claim for damages. 2 A-1 A-2 A-3 A-4 A-5