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CC SR 20241106 E - Claim Against the City Chikazawa CITY COUNCIL MEETING DATE: 11/06/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Kohei Chikazawa. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Kohei Chikazawa 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. Kohei Chikazawa 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 October 7, 2024, the City received a claim for damages from Kohei Chikazawa. The claim was referred to Carl Warren for review and investigation. The claimant states that his vehicle suffered damages on October 2, 2024. The claimant claims that the City is responsible for damage to his vehicle caused by a falling city tree. Deposition: Carl Warren has reviewed the claim and advised the City to reject it due to the determination that the City had adequately maintained the tree and the likely cause of tree failure was Sudden Limb Drop. Sudden limb drops are unforeseen and unpreventable. Carl Warren recommends denying the claim for damages. 2 A-1 A-2 BRAVO AUTO COLLISION Workfile ID: PartsShare: State EPA: BAR: a1b612c4 CA000179109 ARD195831 info@bravocollision.net 1801 DEL AMO BLVD, TORRANCE, CA 90501 Phone: (310) 787-7118 FAX: (310) 618-5457 Preliminary Estimate Customer: CHIKAZAWA, KOHEI Job Number: Written By: Juan Gonzalez Insured: CHIKAZAWA, KOHEI Policy #:Claim #: Type of Loss:Date of Loss:Days to Repair: 0 Point of Impact: Owner:Inspection Location:Insurance Company: CHIKAZAWA, KOHEI BRAVO AUTO COLLISION 1801 DEL AMO BLVD TORRANCE, CA 90501 Repair Facility (310) 787-7118 Business VEHICLE 2019 LEXU GX 460 4WD 4D UTV 8-4.6L Gasoline Sequential MPI VIN:Interior Color:Mileage In:Vehicle Out: License:Exterior Color:Mileage Out: State:Production Date:Condition:Job #: TRANSMISSION Overhead Console Stereo ROOF Automatic Transmission CONVENIENCE Search/Seek Electric Glass Sunroof 4 Wheel Drive Air Conditioning CD Player SEATS POWER Intermittent Wipers Auxiliary Audio Connection Bucket Seats Power Steering Tilt Wheel Satellite Radio Leather Seats Power Brakes Cruise Control Equalizer 3rd Row Seat Power Windows Rear Defogger SAFETY WHEELS Power Locks Keyless Entry Drivers Side Air Bag Aluminum/Alloy Wheels Power Mirrors Alarm Passenger Air Bag PAINT Heated Mirrors Steering Wheel Touch Controls Anti-Lock Brakes (4)Clear Coat Paint Power Driver Seat Rear Window Wiper 4 Wheel Disc Brakes OTHER Power Passenger Seat Telescopic Wheel Traction Control Rear Spoiler Memory Package Climate Control Stability Control Signal Integrated Mirrors DECOR Backup Camera Front Side Impact Air Bags TRUCK Dual Mirrors Home Link Head/Curtain Air Bags Rear Step Bumper Body Side Moldings RADIO Rear Side Impact Air Bags Running Boards/Side Steps Privacy Glass AM Radio Hands Free Device Console/Storage FM Radio Xenon or L.E.D. Headlamps 10/10/2024 4:37:46 PM 424200 Page 1 8bJnCn A-3 Preliminary Estimate Customer: CHIKAZAWA, KOHEI Job Number: 2019 LEXU GX 460 4WD 4D UTV 8-4.6L Gasoline Sequential MPI Line Oper Description Part Number Qty Extended Price $ Labor Paint 1 FRONT BUMPER 2 *Rpr Bumper cover w/lamp washer, w/parking aid 4.0 3.2 3 Add for Clear Coat 1.3 4 O/H bumper assy 3.2 5 #Accessory Kit Installed 1 2.0 6 FRONT LAMPS 7 Repl RT Headlamp 8114560G21 1 1,240.01 0.6 8 Aim headlamps 0.5 9 HOOD 10 R&I Front seal 0.2 11 *Rpr Hood 5.0 2.8 Note: Strip Finish & Refinish 12 Add for Clear Coat 1.1 13 R&I Insulator 0.2 14 R&I R&I hood assy 0.5 15 #***** ADD-ONS *****1 16 #Subl Hazardous waste removal 1 5.00 T 17 #Repl Cover Car 1 10.00 T 18 #Color tint / color match 1 0.5 19 #Rpr Color sand and buff 1.5 20 #Repl Corrosion protection primer 1 8.00 T 21 #Repl Flex additive 1 8.00 T SUBTOTALS 1,271.01 18.2 8.4 ESTIMATE TOTALS Category Basis Rate Cost $ Parts 1,240.01 Body Labor 18.2 hrs @ $ 90.00 /hr 1,638.00 Paint Labor 8.4 hrs @ $ 90.00 /hr 756.00 Paint Supplies 8.4 hrs @ $ 60.00 /hr 504.00 Miscellaneous 31.00 Subtotal 4,169.01 Sales Tax $ 1,775.01 @ 10.0000 % 177.50 Grand Total 4,346.51 10/10/2024 4:37:46 PM 424200 Page 2 A-4 Preliminary Estimate Customer: CHIKAZAWA, KOHEI Job Number: 2019 LEXU GX 460 4WD 4D UTV 8-4.6L Gasoline Sequential MPI FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM. ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT INFORMATION TO OBTAIN OR AMEND INSURANCE COVERAGE OR TO MAKE A CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART, A=APPROXIMATE PRICE. LABOR TYPES: B=BODY LABOR, D=DIAGNOSTIC, E=ELECTRICAL, F=FRAME, G=GLASS, M=MECHANICAL, P=PAINT LABOR, S=STRUCTURAL, T=TAXED MISCELLANEOUS, X=NON TAXED MISCELLANEOUS. CCC ONE: ADJ=ADJACENT, ALGN=ALIGN, A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION, D&R=DISCONNECT AND RECONNECT, EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS SPECIFICATIONS, NON-ADJ=NON ADJACENT, O/H=OVERHAUL, OP=OPERATION, NO=LINE NUMBER, QTY=QUANTITY, RECOND=RECONDITION, REFN=REFINISH, REPL=REPLACE, R&I=REMOVE AND INSTALL, R&R=REMOVE AND REPLACE, RPR=REPAIR, RT=RIGHT, SECT=SECTION, SUBL=SUBLET, LT=LEFT, W/O=WITHOUT, W/_=WITH/_ SYMBOLS: #=MANUAL LINE ENTRY, *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED], **=DATABASE LINE WITH AFTERMARKET, N=NOTES ATTACHED TO LINE. OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. ""CURE TIME"" MEANS THE LENGTH OF TIME THAT, PER THE ADHESIVE MANUFACTURER, THE WINDSHIELD ADHESIVE NEEDS TO CURE UNTIL THE WINDSHIELD CAN PROPERLY FUNCTION AS A SAFETY DEVICE PURSUANT TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS AND THE VEHICLE MANUFACTURER'S SPECIFICATIONS. 10/10/2024 4:37:46 PM 424200 Page 3 A-5 Preliminary Estimate Customer: CHIKAZAWA, KOHEI Job Number: 2019 LEXU GX 460 4WD 4D UTV 8-4.6L Gasoline Sequential MPI Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide ARB8942, CCC Data Date 10/09/2024, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source. Tilde sign (~) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries. Some 2024 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced: SYMBOLS FOLLOWING PART PRICE: m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category. X=Miscellaneous Non-Taxed charge category. SYMBOLS FOLLOWING LABOR: D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category. M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories. OTHER SYMBOLS AND ABBREVIATIONS: Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel. CAPA=Certified Automotive Parts Association. CFC=Carbon Fiber. D&R=Disconnect and Reconnect. HSS=High Strength Steel. HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part. O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace. R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel. Sect=Section. STS=Stainless Steel. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line. CCC ONE Estimating - A product of CCC Intelligent Services Inc. The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE: BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 10/10/2024 4:37:46 PM 424200 Page 4 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