CC SR 20240903 D - Claim against the City George Mardikian CITY COUNCIL MEETING DATE: 09/03/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by George
Mardikian.
RECOMMENDED COUNCIL ACTION:
1)Reject the claim and direct Staff to notify the claimant, George Mardikian.
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.Claim for Damages by George Mardikian (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 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:
1
RANCHO PALOS VERDES
On June 13, 2024, the City received a claim for damages from George Mardikian. The
claim was referred to Carl Warren for review and investigation. The claimant alleges his
home suffered damages during a period of heavy rainfall in January and February 2024,
when the City storm drains near his home became blocked causing a flooding of the front
portion of his property. The claimant further alleges the City is responsible , because it did
not properly maintain the storm drains causing flooding to his property.
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. The storm drain and basin
were properly and routinely maintained by the City. The City had no notice of debris
clogging the catch basin. The cause of the clogging was to due to the storm and
unprecedented amount of rains. There was nothing wrong with the infrastructure of the
drains or catch basin. Carl Warren recommends denying the claim for damages in the
amount of $16,281.26.
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.
TO: CITY OF RANCHO PALOS VERDES
Name of Claimant
GEoRU:-V/!CDll<JAN
RESERVE FOR FILING STAMP
CLAIM NO. ~0'2, ~ -'2.11'
RECEIVED
CJTY OF AANCMO PALOS VERDES
JUN 1 S 2024
CITY CLERK'S OFFICE
imant
Occu
When did AMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
Date "3' 'f'€'f!, "2.0ZI/ Time ;-00 -7;30 'I'?
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
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: A
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Describe in detail each INJURY or DAMAGE.
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 .......... S--.,--,=---...--7 /
Special damages for ................... $.____ Prospective general damages ............... $ j (., I Ztn ~ 0¾P
General damages ...................... $ ___ _
Total estimate prospective damages ....... $ j (o I ZS.\.-~
Total damages incurred to date ........ $ ___ _
Total amount claimed as of date of presentation of this claim:
Fl f2,G' 'O ef i't rz,.. 'i r'I e JV'1
Was damage and/or injury investigated by,peliGe? ____ If so, what city? (qtoc l+O f l}-t0.5 V ~
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 ________ _
{lA,v CHo PAt o~ Ve{lP~ Fi/le fleP/lRT[l1eN'ft /2.p/lli (>1Pr(/'J1e-,1vfh)Jc'e
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
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
CURBJ
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.
SIDEWALK
PARKWAY
SIDEWALK
Signature of Claimant or person filing on Typed Name: Date:
his behalf giving rel · "p to Claimant:
Gee/1.6--E rn f)eo , 1<, AJJ
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
PROPOSAL
Phone:
Fax:
Email:
LINE ITEM
1
2
3
4
LICENSE #897701
Phone:
Fax :
Email:
DESCRIPTION
EROSION REPAIR
Import approx. (6cu yds) fill soil to repair wash-out on slope
A) Hand compact with every 6-12" of soi l installed
NOTE: Limited access requires soil to be transported by hand w/ buckets
Install a double layer of jute netting over (720 SQFT) eroded area • 30' long x 6' wide
Delivery of portable toilet -includes removal upon completion of wprk
EROSION -Mar240508
May 8, 2024
JOHN ALBRIGHT
AMOUNT
$2,400
$1,440
$195
NOTE : The scope proposed and subsequent action to be taken cannot guarantee no further erosion
will occur. This proposal is fo r wash-out repair only
Please Contact Your Project Manger
with any Questions or Requests
JOHN ALBRIGHT
(310) 403-4420
PAGE 1 SUBTOTAL
FU EL SURCHARGE 2.5 %
GRAND TOTAL FOR THIS JOB
$4,035.00
$100.88
$4,135.88
john@teamfinleys.com IMPORTANT: Please review and sign Contract Terms & Conditions 11 Finley 's Tree & Landcare Inc.
! "A Full Service Landscape Construction and Concrete Company"
~-· 1209 W 228th Street, Torrance, CA 90502 • (310) 326-9818 Phone• (310) 326-9821 Fax• www.finl eystre eandland care .c om
A-4
5/22/24, 6:34 PM AOL Mail -Re : Front door quote
7J2 N . C at.ilina Ave.
R edondo Beach, C A 90277
(310) 3 72-3.6 67 Ph o ne
(310:t 937-01 01 Fax
info@soulliba ydoorin.c.co m
I N=le·/ ~, Phcau,
Zaeem ,Geo rge
NEED Adress & Phone =
Dctaaiptian
Tm cobb 3/0 x 3,'0 x 9/6, x 1 3/4 Vertical p Lml door D oug fir (Slab)
{D-Oes not inclu d e any pam~:1
Asha¢ 10 '
Thea.xsho!d S'
Ja ml >up 10·
Door bottom
Flush bolt p air with extension
H:inges 4 x 4 p..ur
h lSt.illation
D elivery
N o \'\'a.rranty on p la nk doors
Oleck your order careiully, it is your responsibility to a:ssme. HU! accuracy of it.
Orders require 50% deposit &: 50% due prior to delive.y for product orders oc at
completion of job if we are hancllini; installation .payments n'llt .made a t
~oremenlioned time are ovetdue &t remain p~able with imrest for late payment~
rate of 5 % above amaunt due per month returns are subject to a SO% restocl:ing fee +
shipping & oil\& :related cost n on stocl: & special orders are not returnable restock
fee. Custom orde?S are nan ref:umab e. il'i.!atelials must be sealEd ~y and requite
adequate protection to prevent l e.tkage and waiping. Not resp<>llSl"ble for II1Aterials
left over 30 da.ys.. Shortages, defects, nan caorormity or damage is to be addressed at
time of pick up or delivery by customer or agent
I Signature
On 3/15/2024 1 :19 PM, zaee m wrote:
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3/29/2014 9617
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S ubt ota l $9,725,00
Sales Tax (9.5%) H:!0.38
T otal $10 ,1 45.3:8
2/3