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CC SR 20230919 G - Claim against the City Ashley Ibarra CITY COUNCIL MEETING DATE: 09/19/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Ashley Ibarra. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Ashley Ibarra. 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. Ashley Ibarra 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 Claimant: On September 7, 2023, the City received a claim for damages from Ashley Ibarra. The claim was referred to Carl Warren for review and investigation. The claimant states that on September 6, 2023, her vehicle suffered damages to her front windshield. The claimant alleges the City is at fault due to City tree causing damages to her 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. Rancho Palos Verdes, CA 90275 CLAIM FOR DAMAGES TO PERSON OR PROPERTY 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. Business Address of Claimant City and State Give address and telephone number to which you desire notices or communications to be sent regarding this claim: RESERVE FOR FILING STAMP CLAIM NO . _____ _ •-~•=··· .... ----- Claimant's Social Security No. When id A Date . Time //: IJIJ ttm Names of any city employees involved in INJURY or DAMAGE If c!aim is for quitable Indemnity, give date claimant served with the complaint: Date 7 -z.,:3 Where did AM GE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give street names and address and measurements from landmarks: 7M aaidt/11-ffefJlkn C?2 #f_1/ern I J,«,t/1?1~/ j/aM 1,4rdLJ Je,ifAI-a~~ /4 //9.A/-. Describe in detail each INJURY or DAMAGE. /1~ pliq/J;Ct/?;-1/11~ / /j,rbn ~/.lk/4/ /ac/4-~ /Jtfii/J/n1nu dlltt/Arv l[_. This Claim Must Be Signed on Page 2 A-2 The amount claimed, as of the date of presentation of this clalm , Is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property .......•............ $ </zc.--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 •...........•.. $T....,...,_ __ General damages ...................... $ t{z< --Total estimate prospective damages •...... ..,, ____ _ Total damages incurred to date .....•.. $ / Total amount claimed as of date of presentation ofthls claim: $ '-/ !Jr, //I) Was damage and/or injury investigated by police? _____ If so, what city? _________________ _ Were paramedics or ambulance called? _____ 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 persons and addresses of persons known to have information : Name ______________ ,Address _________________ Phone ________ _ Name _____________ Address _________________ Phone, ________ _ Name _____________ Address _________________ Phone ________ _ DOCTORS and HOSPITALS: Hospital Address Date Hospitalized, _______ _ Doctor ____________ A,ddress ______________ Date of Treatment _______ _ Doctor Address Date of Treatment _______ _ READ CAREFULLY For all accident claims place on following diagram names yo,1J r 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. CURBJ Signature of Claimant_ or person filing on his behalf givin rel I nship to Claimant; SIDEWALK Typed Namo : CURB"'""'l Date : NOTE· CLAIMS MUST BE FILED WITH CITY CLERK (Gov, Code Sec. 915a). Presentation of a false claim Is a felony (Pen . Code Sec. 72.) . THIS DOCUMENT IS A PUBLIC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND. A-3 ;f ~I :;: LOWPtC\ un:'5 UL : . -. '-i\'JE WlLMl ~ . . .,_ Ch 9!744 ~ U9:-11 d.i CR E .. , ... ( f "•() . ,J ,,l \' :,)X®'f/.Xtt ~l.·11 I ' used Auto Glass Installed WORK ORDER OTO GLASS OPEN 7 DAYS J PRICE A MON -FRI: 9am • 5pm SAT & SUN: 8am -5pm 1232 Blinn Ave. Wilmington, CA 90744 IO) 522-9463 (310) 522-9464 :c.k h #: :.WC ICE 'pp:ov al Code l6:~l ~THORIZATION 1 WITH THE NECESSARY MATERIALS BELOW. I AMOUNT :r.tq Method . •lod E: 8 ~~i,0i1 I r------------1---L-- .. SUBTOTAL D SALES TAX DEPOSIT CORE IND DUE □ BALANCE Customer's Signature X ---. - WE DO GUARANTEE LABOR • DEPOSITS NOT REFUNDABLE CREDIT GOOD FOR 30 DAYS ONLY. We are not responsible for any damage after leaving the shop . Please check your car before leaving the shop , We are not responsible for artic les left in vehi cle.