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CC SR 20230404 C - 20230404 Claim against the City Jae Martin CITY COUNCIL MEETING DATE: 04/04/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Jae Martin. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Jae Martin. 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, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Jae Martin 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 Ci ty Attorney review each claim when received and work closely with Carl Warren throughout the claims process. 1 Claimant: On March 15, 2023, the City received a claim for damages from Jae Martin. The claim was referred to Carl Warren for review and investigation. The claimant states that her mailbox suffered damages on February 26, 2023 due to a fallen tree. The claimant alleges the City is at fault because the fallen City tree damaged her mailbox. Deposition: Carl Warren has reviewed the claim and advised the City to reject it due to the determination that the branch fell due to an act of nature (weather related). Tree standards for trimming were met, and the records established proved the tree to be in good health. Carl Warren recommends denying the claim for damages. 2 A-1 A-2 A-3