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CC SR 20221220 E - Claim against the City Thomas Olson (Pine Needle Pool Damage) CITY COUNCIL MEETING DATE: 12/20/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Thomas Olson. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Thomas Olson. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Enyssa Momoli, Administrative Assistant REVIEWED BY: Teresa Takaoka, City Clerk APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Thomas Olson 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 Cit y Attorney review each claim when received and work closely with Carl Warren throughout the claims process. 1 RANCHO PALOS VERDES Claimant: On November 1, 2022, the City received a claim for damages from Thomas Olson (Attachment A). The claim was referred to Carl Warren for review and investigation. The claimant states that on September 21, 2022, a City tree caused damage to his property. Deposition: Carl Warren has reviewed the claim and found there is no liability because of the insufficient evidence that the pine needles were the cause of the damages to the claimant’s pool. Therefore, Carl Warren recommends denying the claim for damages. 2 A-1 CITY d LERK'S OFFICE City of~Rancho Paloa Verdes 30940 awthorne Blvd. Ranch · Palos Verdes, CA 90275 CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 1. Cl lms for death, Injury to porson or to personal property must be flied not la r than six months after the occurrence. (Gov. Code Sec . 911.2.) 2. Cl ims for damages to real property must be flied not later than 1 year after th occurrence. (Gov. Code Sec. 911.2.) 3. Read entire claim form before filing. 4. se,e Page 2 for diagram upon which to locate place of accident. 5 . T~IS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM. 6. A ch separate sheets, If necessary, t o giv e full details. SIGN EACH SHEET. OF RANCHO PALOS VERDES \~M.,.._t;. c::>L.c:'.>c~ Give ad ress and telephone number to which you desire notices or commur ~catlons to be sent regarding thi s claim: p ~Y16 RESERVE FOR FILING STAMP CLAIM NO. 2.62. 2.-I Ip RECE IVE D CITY OF RANCH O PA LOS VERD ES NOV O 1 2022 CITY CLERK'S OFFICE Date of Birth of Cla imant I • Occupation of Clalmant ~- Home Telephone Number Claimant's Social Security No. 1 l 11c When djd DAMAGE or IN.w,gY ..-ccur ? Date ~~ ,; I,., v'p1 '1'rme J Names of any city employees Involved in INJURY or DAMAGE -------If clai m Is for Equitable Indemnity, give date claimant served w ith the complai nt: Date Where did DAMAGE or INJURY occur? Describe fully, and l ocate on diagram on Page 2 . Where appropriate, give s treet ni mes and address and ~easurements f r om landmarks: I -I}., ,.,c. -"-<> .,.,., ,, .._\c "'> -~ &,(~ Describe In detail how the DAMAGE or INJURY occurred. I ~,'r{ ~~,{~,5~-Ee~7 ~A,t= ~ ... C)A.e /47 ~ I Why do ou claim the c ity Is responsible? , C::::::•Tiii ~ ~1=-e 'DN11..--; ~D tv ) 1-J~~ ~ ~~SS ~w~~"""'~ J I · ~~ ~-Must Be Signed on Page 2 -~7 Ll ~vt~ ~Y')~ A-2 The a*unt clai med, as of the date of presentation of thi s clalm, Is computed as follows : Dama ea Incurred to date (exact): ~ £:.ve>-17)$ ~ cc Estimated prospective damages as far as known: Da ge to property ••••••••••.....•.... $ I, 27:::P • -Future expenses for medical and hospital care.$ ___ _ Exp nses for medlca~,and hospital care .•• $____ Future loss of earnings .•..•.••••.•.••.. , .•. $ ___ _ Los~ of earnings •• r.<Tf'. ~~~-•. $____ Other prospective special damages ••••••.••• $ ___ _ Spe j lal damages for •• , •• ~ ...... $____ Prospective general damages ••••.•••.....•• $ ___ _ Total estimate prospective damages •••.••• $ ___ _ General damages ...................... $ ___ _ Tr tal damages Incurred to date ........ $____ ►0 Total ar ount claimed as of date of presentation of this claim : $ 115 1,-(). - -r Was d,mage and /or Injury Investigated by police? t:l7 'T-If so, what city? ______________ _ Were pr ramedlcs or ambulance called? rll,,.. If so, name city or ambulance--------------- If lnj urj d , state date, time, name and address of doctor of your first visit __________________ _ WITNEL SES to DAMA 1st all perso Info Name f Address hon Name ___ .Address hon Name _____________ .Address ________________ Phon ________ _ Hospl I __ N_O_., _________ Address ______________ Date Hospitalized ______ _ DOCT~RS end H.C?.SPITALS: Doctor Address Date of Treatment ______ _ READ CAREFULLY Doctor \ Address Date of Treatment For all r,ccldent claims place on following diagram names..,,,.. your vehicle when you first saw City vehlcle j location o f of streets, Including North, East, South, and West; indicate City vehicle at t i me of accident by "A-1 " and location of place o~ accident by "X" and by showing house numbers yourself or your vehicle at the time of the accident by or dist nces to street corners. If City Vehicle was "B-1" and the point of Impact by "X.'' NOTE: If diagrams Involve , designate by letter "A" location o f City Vehicle below do not fit the situation , attach hereto a proper when y u first saw it, and by "B" location of yourself or diagram signed by the claimant. CURB Slgnatur of Claimant or person filing on his beha I giving relationship to Claimant : SIDEWALK PARKWAY SIDEWALK Typed Name: CURB Date : NO : CLERK (Gov. Code Sec. 915a). Presentation of a false clalm I s a felony (Pen. Code Sec . 72.) THI DOCUMENT IS A PUBLIC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND. A-3 Costs incu rred re: Del Cerro Park Pine tree needles and cones ~(l.: 1 [ of;z .. J \fr-z- 9:20 AM (0 minutes ago) to Cory , R amzi, Hello Cory and Ramzi, Per City requests , some receipts for expenses wil l be delivered -to your atten t ion -in an envelope to the City Hall front desk today . These expenses are incurred due to repai rs and services due to City Pi ne needles and cones. Th e envelope is addressed to you as Directors of Parks and Public Works and be liev ing best for you to rece ive to see and provide to appropriate persons for payment. T hank you , Tom -=- -1 s--...v-- T homas Olson Captain, Park P lace Neighborhood Watch fW-r.>~~ \~~ M ~t~' ~'\ AN I) fD'f 0'~-: :' G~ 7 l6-i½~ VI,,\, D \<..t= c-,\..\-Gc.. ~ f-F \ IA.0 \..,C Tb}~.r--1 V y1-H::> I I-\ ,. -,\ -h:, t'VI. =, s D .[... S u ·,-.\ A-4 Rick Thornton Pool Service 657 27th Street Manhattan Beach, Ca. 90266 310-545-8688 -------------- TOM OLSON ------ \ __ --·----------· \ REPLACE 2HP CIRCULATION PUMP , SEAL PLATE AND GASKET, IMPELLER AND STATEMENT ACCT: 2830000 \_...._ __ Total Due $ Amount Paid: $ \ '----·---- 0.00 PLEASE RETURN THIS PORTION WITH PAYMENT 06/19/22 06/19/22 06/19/22 06/19/22 06/19/22 06/19/22 PUMP SEAL 900.00 I . 0 .00 0.00 900.00 0.00 0.00 -900 .00 THANK YOU ! REPAIR NEEDED DUE TO JAMMING OF PUMP IMPELLER DUE TO PINE NEEDLES PAYMENT 900.00 I ---.../ A-5 ( I Rick Thornton Pool Service 657 27th Street Manhattan Beach, Ca. 90266 310-545-8688 TOM OLSON STATEMENT ACCT: 2830000 ( ---- -- I Total Due $ 300.00 Amount Paid : $ -----------____ ) Pl.EASE RETURN THIS PORTION WITH PAYMENT PREVIOUS BALANCE 900.00 900 .00 -900.00 0.00 0.00 300.00 06/19/22 07/05 /22 07/05 /22 07/05/22 L_ THANK YOU! PAYMENT USE CO2 TO BLOW OUT POOL SUC TI ON LINE BLOW OUT ACCUMILATION OF PINE NEEDLES C L EAN OUT PUMP IM PE LLER 300.00 -900.00 A-6 S EED & TOPPING PLANTS & COLOR IRRIGATION S PRINKLERS + _P_~_NTE_R_w_o_A_K __ ~_;-~--~-~--,--~--.-.. -_------'1 -- S PRAY ,..::,:-,,-. , ~ .. -' ; · ·--=----!-------- ·-. .., TOTAL-I z i ul;:1 - ' 6TIIR Gllll:lEN SUPPLV. l~C.