CC SR 20240220 E - Claim Against the City Victor Macchia
CITY COUNCIL MEETING DATE: 02/20/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Victor Macchia.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Victor Macchia.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Enyssa Sisson, Deputy City Clerk
REVIEWED BY: Teresa Takaoka, City Clerk
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Victor Macchia 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 January 30, 2024, the City received a claim for damages from Victor Macchia. The
claim was referred to Carl Warren for review and investigation. The claimant states that
his rain gutters were damaged on January 20, 2024. The claimant alleges the City is at
fault due to a City tree causing damage to his home’s rain gutters.
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. Tree standards for trimming
were met and have been maintained. Carl Warren recommends denying the claim for
damages.
2
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:
____________________________________________________________________________________________________________
Describe in detail how the DAMAGE or INJURY occurred.
____________________________________________________________________________________________________________
Why do you claim the city is responsible?
____________________________________________________________________________________________________________
Describe in detail each INJURY or DAMAGE.
____________________________________________________________________________________________________________
This Claim Must Be Signed on Page 2
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
RESERVE FOR FILING STAMP
CLAIM NO. ________________
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 Date of Birth of Claimant
Name of Claimant Occupation of Claimant
Home Address of Claimant City and State Home Telephone Number
Business Address of Claimant City and State Business Telephone Number
Give address and telephone number to which you desire notices or
communications to be sent regarding this claim:
Claimant’s Social Security No.
When did DAMAGE or INJURY occur?
Date _________________ Time _________________
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Names of any city employees involved in INJURY or DAMAGE
Victor Macchia
1/20/2024 Early AM
Self Employed Consultant
Call for security reasons
Rain gutters front of house, facing street, were damaged
by branches falling from city tree during wind and rain.
During the early AM hours, wind and rain caused the city Silver Dollar Gum Eucalyptus to fell branches that hitand pulled down my front rain gutters, requiring emergency repair. Additionally, excessive debris from sametree exasberated the weight of the gutters, causing additional damage.
Because for the past several years I have been reporting the continued deterioration of this city tree. Severalyears ago a extremely large branch fell, nearly injuring my senior mother. That incident was reported and the cityremoved the large branch, nearly 3ft in diameter. In recent years this particular tree sheds leaves, branches, and seed spores that require constant maintanence on my part. City arborist is revisiting the tree for inspection 1/30/24 for reevaluation. The large tree branches actually hang over the top of my 3-story home, which simply should not be,as this damage of simple gutter damage could have been much worse hadthe branch been larger. This tree needs to be trimmed or removed if it is sick.
Damage as described above. Again, for years I have reported to the city that this type of damage wouldreoccur, and nothing has been done until now that there is a financial cost to the damage from this tree.
A-1
For all accident claims place on following diagram names
of streets, including North, East, South, and West; indicate
place of accident by “X” and by showing house numbers
or distances to street corners. If City Vehicle was
involved, designate by letter “A” location of City Vehicle
when you first saw it, and by “B” location of yourself or
your vehicle when you first saw City vehicle; location of
City vehicle at time of accident by “A-1” and location of
yourself or your vehicle at the time of the accident by
“B-1” and the point of impact by “X.” NOTE: If diagrams
below do not fit the situation, attach hereto a proper
diagram signed by the claimant.
___________________________________________________________________________________________________________
Signature of Claimant or person filing on
his behalf giving relationship to Claimant:
Typed Name: 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.
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact):
Damage to property . . . . . . . . . . . . . . . . . . . . $_________
Expenses for medical and hospital care . . . $_________
Loss of earnings . . . . . . . . . . . . . . . . . . . . . . $_________
Special damages for . . . . . . . . . . . . . . . . . . . $_________
General damages . . . . . . . . . . . . . . . . . . . . . . $_________
Total damages incurred to date . . . . . . . . $_________
Estimated prospective damages as far as known:
Future expenses for medical and hospital care . $_________
Future loss of earnings . . . . . . . . . . . . . . . . . . . . . $_________
Other prospective special damages . . . . . . . . . . $_________
Prospective general damages . . . . . . . . . . . . . . . $_________
Total estimate prospective damages . . . . . . . $_________
Total amount claimed as of date of presentation of this claim: $
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 ___________________________Address________________________________Date of Treatment ________________
Doctor ___________________________Address________________________________Date of Treatment ________________
READ CAREFULLY
No
No
None
1,000
1,000
1,000
No vehicular accident occured to report here.
Victor Macchia 1/29/2024
A-2