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CC SR 20240806 H - Claim Against the City Edwina Matharu CITY COUNCIL MEETING DATE: 08/06/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Edwina Matharu. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Edwina Matharu. 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. Edwina Matharu 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. Claimant: On July 1, 2024, the City received a claim for damages from Edwina Matharu. The claim was referred to Carl Warren for review and investigation. The claimant states that her house on Colt Road suffered damages between January-June 2024, including cracks on 1 various walls, ceilings, doorway, as well as a portion of her house and backyard sinking towards a canyon (see Attachment A). The claimant alleges the damages seem to be linked to one or more previous earthquakes, and that the City is at fault for the damages caused to her home. Deposition: Carl Warren has reviewed the claim and advised the City to reject it due to the determination that there is no liability on the City for damages or injuries caused by an earthquake. Additionally, there is no record of any City public improvements that may have compromised the foundation of the claimant’s property. Thus, Carl Warren recommends denying the claim for damages. 2 A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 A-14 A-15 A-16 A-17 A-18 A-19 A-20 A-21