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CC SR 20231219 E - Claim Against the City Edgar Mendez CITY COUNCIL MEETING DATE: 12/19/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Edgar Mendez. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Edgar Mendez. 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. Edgar Mendez 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 Claimant: On July 16, 2023, the City received a claim for damages from Edgar Mendez. The claim was referred to Carl Warren for review and investigation. The claimant states that his property suffered damages on March 15, 2023. The claimant alleges the City is at fault due to a City tree causing damage to his property. Deposition: Carl Warren has reviewed the claim and advised the City to reject it due to the determination that the tree fell due to an act of nature. Tree standards for trimming were met and have been maintained. Carl Warren recommends denying the claim for damages. 2 A-1 A-2 A-3 A-4