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CC SR 20230718 C - Claim Against the City David Alessi CITY COUNCIL MEETING DATE: 07/18/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by David Alessi. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, David Alessi. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Enyssa Sisson, Administrative Analyst REVIEWED BY: Teresa Takaoka, City Clerk APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. David Alessi 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 RANCHO PALOS VERDES ug. Claimant: On June 27, 2023, the City received a claim for damages from David Alessi. The claim was referred to Carl Warren for review and investigation. The claimant states that on May 6, 2023, his vehicle suffered damages. The claimant alleges the City is at fault due to an uneven manhole on City streets causing damage to his vehicle. Deposition: Carl Warren has reviewed the claim and found there is no liability for the City as the incident did not occur in the City of Rancho Palos Verdes. Carl Warren recommends denying the claim for damages. 2 A-1 FILE WITH: CITY CLERK'S OFFICE City of Rancho Palos Verdes 30940 Hawthorne Blvd. CLAIM FOR DAMAGES TO PERSON OR PROPERTY Rancho Palos Verdes, CA 90275 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2.) 3. Read entire claim form before filing. 4. See Page 2 for diagram upon which to locate place of accident. 5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM. 6. Attach separate sheets, If necessary, to give full details. SIGN EACH SHEET. TO: CITY OF RANCHO PALOS VERDES Name of Claimant i) o.,~ l . at. s ~ Jl10 Home Address of Claimant When did OA GI; or INJUR occµr?p IA Date :{-l. -,;t. 3 Time __ :j......__.,_l:J..-__ If claim is for Equitable Indemnity, give date claimant served with the complaint: Date City and State RESERVE FOR FILING STAMP CLAIM NO. ;2.01. 'J -10 RECEIVED CITY OF RANO-IO PALOS VERDES JUN 2 7 2023 CITY CLERK'S OFFICE Date of Birth of Claimant Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give street names and address and measurements from landmarks: Or\ Pet u 0 J) t-( Mt\A cd-Oo..,~~ Ro~ Why do you claim the city is responsible? ~ tr"-. .\-o~ \A~~ o~ ~~~l... U>MM ~cl ~~ Jlowr-- ~ ~fl..U.\._. I t,lt.,~~ o.Ao~ ~ ~,__ ~ Y\o ~7 ~ · ~t;,. o.,tv\~tA otr~w,..l.-~ 'L~ w,;.~ ~~ ~~ ~tl J...,,v~il. ~ ~ ~~ t\.o-\-~ 1--0 'ff¼./\.~ o-7' ~ \\fN. "~ ~f (}.... ~V\t?\\\ This Claim Must Be Signed on Page 2 A-2 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ....•..•...•.....•.• $____ Future expenses for medical and hospital care . $ ___ _ Expenses for medical and hospital care ... $____ Future loss of earnings .....•...••.......... $ ___ _ Loss of earnings ••••••....••••.....•.• $____ Other prospective special damages •........• $ ___ _ Special damages for ...••..•.••.....••. $____ Prospective general damages •..•.....•...•. $ ___ _ Total estimate prospective damages ....... $ ___ _ General damages ••..•..........•..•••• $, ___ _ Total damages incurred to date ........ $__,...,..,-- Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investig;ated by Rolice? (\) D If so, what city? ______________ _ Were paramedics or ambulance called? N () If so, name city or ambulance ______________ _ If injured, state date, time, name and address of doctor of your first visit _________________ _ WITNESSES to DAMAGE or INJURY: List all pers e inform~ - Name0S;'2\>~L ~IY\f~ Address Phone----Name ______________ Address ________________ Phone _______ _ Name ______________ Address Phone _______ _ DOCTORS and HOSPITALS: Hospital _____________ Address _____________ Date Hospitalized ______ _ Doctor Address Date of Treatment ______ _ Doctor Address Date of Treatment ______ _ READ CAREFULLY For all accident claims place on following diagram names your vehicle when you first saw City vehicle; location of of streets, Including North, East, South, and West; Indicate City vehicle at time of accident by "A-1" and location of place of accident by "X" and by showing house numbers yourself or your vehicle at the time of the accident by or distances to street corners. If City Vehicle was "B-1" and the point of impact by "X." NOTE: If diagrams involved, designate by letter "A" location of City Vehicle below do not fit the situation, attach hereto a proper when you first saw It, and by "B" location of yourself or diagram signed by the claimant. SIDEWALK CURB PARKWAY SIDEWALK Typed Name: Date: B FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) TIS A PUBLIC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND. A-3 A-4 A-5 A-6 A-7 Customer: ALESSI, DAVID Insured: ALESSI, DAVID Type of Loss: Point of Impact: OWner: ALESSI, DAVID New Image Auto-Solutions 4120 Melrose Ave, Los Angeles, CA 90029 Phone: (323) 668-1300 Workflle ID: PartsShare: Federal ID: Resale Number: state EPA: Preliminary Estimate Written By: Izzy Assencoa Policy#: Dateof Los:s: Inspection Location: New Image Auto Solutions 4120 Melrose Ave Los Angeles, CA 90029 Repair Facility (323) 668-1300 Business VEHICLE BAR: Cairn #: SELF PAY Days to Repair: 0 Insurance Company: SELF PAY cc17e61f 7pvZjx 81-5156342 103-034288 CAL000426202 AR000290498 lob Number: 2020 MO.A GT 20 CPE 8-4.0L Turbocharged Gasoline Sequential MPI SILVER VIN: Interior COior: GREY Mileage In: 15,712 Vehicle Out: License: Exterior COior: SILVER Mileage Out: State: CA Production Date: Condition: Excellent Job#: TRANSMISSION CONVENIENCE AM Radio Reclining/LDunge seats Automatic Transmission Air Conditioning FM Radio Leather Seats POWER Intermittent Wq:iers Stereo WHEELS Power Steering TlltWheel Search/Seek 20" Or Larger Wheels Power Brakes Cruise Control Auxiliary Audio COnnection Locking Wheels Power Windows Rear Defogger sate111te Radio PAINT Power locks Keyless Entry SAFETY Clear Coat Paint Power Mirrors Alann Drivers Side Air Bag OTHER Heated Mirrors Message center Passenger Air Bag Traction control Memory Package Telescopic Wheel Anti-Lock Brakes (4) Stability COntrol DECOR Cimate Control 4 Wheel Disc Brakes Rear Spoiler Dual Mirrors Navigation Sysmrn Front Side Impact Air Bags xenon or LE.D. Headlamps Tinted Glass Backup Camera Hands Free Device Console/Storage Parking Sensors SEAtS OVerhead COnsole RADIO Bucket Seats 6/13/2023 1:54:25 PM 464919 Page 1 A-8 Preliminary Estimate Customer: ALESSI, DAVID lob Number: 2020 MCLA GT 20 CPE 8-4,0L Turbocharged Gasoline Sequential MPI SILVER Une Oper Description Part Number Qt.y Extended Labor Paint Price$ 1 # FENDER 1 2 # R&I LT Rr fender liner 0.2 3 # R&I LT Ft fender liner 0.2 4 # ELECTRICAL 1 5 # R&I TPMS sensor 315Mhz lnd. 6 # WHEELS 1 7 # Repl LT/Fron Wheel 20?" 1222BA057GPGBDW 1 2,194.80 0.3 M 8 # FRONT SUSPENSION 1 9 # O/H flt susp It 1 5.0 M 10 # Repl LT Hub 9P1407615 1 lnd.M 11 # Wheel alignment align front 1 2.0 M wheels 12 # Repl LT Bearing 9P1407621 1 1Dci.. Im:I..M 13 # Repl LT Upper Control Ann 1222BA300GP 1 819.36 Ind..M 14 # Repl LT Lower Control Arm 122BA131GP 1 1,012.16 lod..M 15 # Repl LT Knuckle w/o rear steering 1 3,085.64 Ind.. M Note: HUB AND BEARING INO.UDED WITH PART PER DEALER 16 # Repl LT Stabilizer link 121380352CP l 116.12 Ind. M 17 # Repl LTStrut: 1222BA135GP 1 1,325.46 lnd.M 18 # TIRES 1 19 # Repl PIR 225/35ZR20 {90Y) XL P ZERO PI13408 1 450.99 0.3 P24BW90(Y) 20 # STEERING GEAR & UNKAGE 1 21 # Repl Gearassy 1222DA028GP 1 6,455.32 2.7 M 22 # Deduct for OVertap 1 -0.3 23 # Repl steering Gear calibration 1 2.0 M SUBTOTALS 15,459.85 12.4 o.o ESTIMATE TOTALS category Basis Rate Cost$ Parts 15,459.85 Body labor 0.4 hrs @ $150.00/hr 60.00 Mechanical Labor 12.0 hrs @ $ 275.00 /hr 3,300.00 Subtotal 18,819.85 Sales Tax $15,459.85 @ 9.5000% 1,468.69 Grand Total 20,288.54 6/13/20231:54:25 PM 464919 Page2 A-9 Preliminary Estimate Customer: ALESSI, DAVID Job Number: 2020 MCLA GT 2D CPE 8-4.0L Turbocharged Gasoline Sequential MPI SILVER FOR YOUR PROTECTION CAUFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM. ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT INFORMATION TO OBTAIN OR AMEND INSURANCE COVERAGE OR TO MAKE A CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A UST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART, A=APPROXIMATE PRICE. LABOR TYPES: B=BODY LABOR, D=DIAGNOSTIC, E=ELECTRICAL, F=FRAME, G=GLASS, M=MECHANICAL, P=PAINT LABOR, S=STRUcnJRAL, T=TAXED MISCELLANEOUS, X=NON TAXED MISCELLANEOUS. CCC ONE: ADJ=ADJACENT, ALGN=AUGN, A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIEO AUTOMOTIVE PARTS ASSOCIATION, D&R=DISCONNECT AND RECONNECT, EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPUED BY THE QUANTITY, INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS SPECIFICATIONS, NON~ADJ=NON ADJACENT, 0/H=OVERHAUL, OP=OPERATION, NO=UNE NUMBER, QTY=QUANTITY, RECOND=RECONOffiON, REFN=REFINISH, REPL=REPLACE, R&I=REMOVE AND INSTALL, R&R=REMOVE AND REPLACE, RPR=REPAIR, RT=RIGHT, SECT=SECTION, SUBL=SUBLET, LT=LEFT, W/O=WITHOUT, W/_=WITH/_ SYMBOLS: #=MANUAL UNE ENTRY, *=OTHER [IE .. MOTORS DATABASE INFORMATION WAS CHANGED], **=DATABASE UNE WITH AFTERMARKET, N=NOTES AiTAOfEO TO UNE. OPT OEM=ORIGINAL EQUIPMENT MANUFAcnJRER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED wrn-t SOME UNIQUE PRICING OR DISCOUNT. ""CURE TIME"" MEANS lHE LENGTH OF TIME THAT, PER lHE ADHESIVE MANUFAcnJRER, THE WINDSHIELD ADHESIVE NEEDS TO CURE UNTIL THE WINDSHIELD CAN PROPERLY FUNCTION AS A SAFETY DEVICE PURSUANT TO lHE FEDERAL MOTOR VEHICLE SAFETY STANDARDS AND THE VEHICLE MANUFAcnJRER'S SPECIFICATIONS. CCC ONE Estimating -A product of CCC Intelligent Services Inc. The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE: BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 6/13/2023 1:54:25 PM 464919 Page3