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CC SR 20220621 E - Claim Against the City Katherine Anderson CITY COUNCIL MEETING DATE: 06/21/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Katherine Anderson. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Katherine Anderson. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Nathan Zweizig, Administrative Assistant REVIEWED BY: Teresa Takaoka, City Clerk APPROVED BY: Ara Mihranian, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Katherine Anderson 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 t o 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 May 10, 2022, the City received a claim for damages from Katherine Anderson. The claim was referred to Carl Warren for review and investigation. The claimant states that on April 12, 2022, heavy winds caused a city tree to fall and caused damage to the claimant’s mailbox. The claim alleges the City is at fault due to the trees rotting roots. Deposition: Carl Warren has reviewed the claim and found that there is no liability for the City as the tree has been adequately maintained prior to its failure. Inspection post incident discovered dry rot in the roots of the tree. There was no visual decay on the exterior. The dry rot would not have been found until after tree failure . Carl Warren recommends denying the claim for damages. 2 A-1 A-2 A-3