HomeMy WebLinkAboutClaim 782 - T.Whiting CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: CLAIM AGAINST THE CITY(#782) BY TIMOTHY WHITING IN THE AMOUNT OF
$75,000
SUBMITTED BY: Rachelle Klassen, City Clerk
DATE: January 12, 2017
CONTENTS: • Staff Report
• Copy of Letter Tendering Claim to RPM Company, with RPM Acceptance
• Claim No. 782
Recommendation
By Minute Motion: 1) Reject that portion of said Claim that accrued not more than one year before
filing of the Claim that does not involve death, injury to person or to personal property, or growing
crops; 2) direct City Clerk to return as late, without action, that portion of said Claim that accrued
more than one year before the filing of the Claim and that does not involve death, injury to person
or to personal property, or growing crops, because it was not presented within one year after the
event or occurrence as required by law (Government Code Section Nos. 901 and 911.2);
3) authorize City Clerk to so notify the Claimant, accordingly.
Strategic Plan Objective
This request represents routine conduct of municipal affairs; there is no specific Strategic Plan Goal
associated.
Background
Based on a review of the subject Claim and the recommendation of the Claims Adjuster, Risk Manager,
City Attorney, and staff, it is recommended that the Claim be rejected.
Discussion of this item should be held in Closed Session pursuant to Government Code Section
54956.9(d)(2), potential litigation.
Fiscal Analysis
City of Palm Desert participates in the self-insurance pool of the California Joint Powers Insurance
Authority(CJPIA). Action to reject the subject Claim does not have a fiscal impact on the City at this time.
Submitted by:
R c e le D. Klassen, M , City Clerk
Approved:
Lauri Aylaian, City Manager
Attachments (as noted)
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December 13, 2016 fr �
VIA USPS EXPRESS MAIL AND '
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RPM Company Apartment Management Services
1420 S. Mills, Suite M
Lodi, California 95242
Attention: Mr. Donnie Garibaldi
Re: NOTICE OF CLAIM AND TENDER OF CLAIM
Timothy Whiting vs. City of Palm Desert
Claim dated December 6, 2016 (#782)
Dear Mr. Garibaldi:
On December 6, 2016 the City of Palm Desert ("City") received the above-
referenced Claim from Mr. Timothy Whiting, related to California Villas
Apartments.
The Claim alleges a refusal to rent or lease an apartment and failure to
communicate whether Mr. Whiting's name was on a waiting list. The purpose of
this letter is to put RPM Company Apartment Management Services ("RPM") on
notice of this Claim, a copy of which is enclosed.
We further demand that RPM defend and indemnify the City of Palm Desert, the
Palm Desert Housing Authority ("Authority") and their employees in connection
with this Claim and in any complaint that may be filed in the future by Mr. Whiting
or on his behalf related to this matter. This demand is made pursuant to
Paragraph 24 of Contract No. HA32321 between the Authority and RPM.
in PRIMO JN REM t[n?AM
RPM Company Apartment Management Services
December 13, 2016
Tender of Claim —Timothy Whiting vs. City of Palm Desert
Page 2 of 2
We ask that you (or RPM's legal counsel) coordinate with this office and with our
legal counsel, Saskia Asamura of Richards, Watson & Gershon, in connection
with this matter. Please acknowledge RPM's acceptance of this tender of
defense and indemnification by counter-signing below.
Very truly yours,
LAURI AYLAIAN
CITY MANAGER
Enclosure
cc: Janet Moore, Director of Finance
Saskia Asamura, Esq.
RPM Company Apartment Management Services hereby agrees to defend and
indemnify the City of Palm Desert, the Palm Desert Housing Authority, and their
employees, if applicable, in connection with the above-referenced claims and/or
lawsuit by Timothy Whiting.
Dated / (6 (la C 6fvNI 40t-1601.-pt
N me (print)
Title
Signatur
CITY Of PUEIU DESERT
G.\HOUSING\Pany LcontINMMLM-PL1Whiting-Timothy\Tender of Claim Whiting Timothy 12-13-16 r l rwg.doc
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TO: CJPIA (do CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY,
DIRECTOR OF FINANCE, RISK MANAGER
FROM: CITY CLERK
DATE: DECEMBER 6, 2016
SUBJECT: CLAIM NO. 782 - CLAIM AGAINST THE CITY BY TIMOTHY WHITING IN
THE AMOUNT OF $75,000
The attached Claim No. 782 is being transmitted to you for the following:
0 Information only.
or
CI Review and recommendation to the Claims Review Committee for any action
required by the City of Palm Desert.
We would appreciate your report, if requested, by January 6, 2017, for timely response
to the Claimant.
Note: Attached for your reference is a copy of Contract No. HA32320 - "Agreement for
Property Management Services Between the Palm Desert Housing Authority and Ray,
Douglas, Ann & Patrick, Inc., A.K.A. RPM Company" that is related to the incident giving
rise to this Claim.
S�Sr
RACHELLE D. KLASSEN, MMC
CITY CLERK
Attachments (as noted)
RECEIVED CITY OF PALM DESERT
Gt�TALM DESER OFF" ASSIGNED CLAIM NO.
CLAIM AGAINST THE CITY OF PALM DESERT
(For Damage(s) to Person(s) or Personal Propert DEC _b Pm t _ �
Received by: p,, i� UI�,o►c ,c.
via: U.S. Mail Interoffice Mail Over-the-Counter
A CLAIM MUST BE FILED WITH THE CITY CLERK OF THE CITY OF PALM DESERT WITHIN SIX
MONTHS AFTER WHICH THE INCIDENT OR EVENT OCCURRED. BE SURE YOUR CLAIM IS
AGAINST THE CITY OF PALM DESERT, NOT ANOTHER PUBLIC ENTITY. WHERE SPACE IS
INSUFFICIENT, PLEASE USE ADDITIONAL PAPER AND IDENTIFY INFORMATION BY
PARAGRAPH NUMBER. COMPLETED CLAIMS MUST BE MAILED OR DELIVERED TO THE CITY
CLERK, CITY OF PALM DESERT, 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260.
TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California:
The undersigned respectfully submit(s) the following claim and information relative to damage(s) to
person(s) and/or personal property:
1. CLAIMANT INFORMATION:
NAME r I r., bfH i&b (-144
ADDRESS _ _
PHONE NC DAtETOF BIRTH:
SOCIAL SECURITY NO. DRIVER'S LICtN5E NO.
2. Name, telephone number and post office address to which claimant desires notices to be
sent, if other than above:
3. Occurrence or event from which the claim arises:
a. DATE: -) I/O b. TIME: i Off— c PLACE (exact and specific
location a ,\ • c
CA-9 �
d. How and under what circumstances did damage or injury occur? Specify the particular
occurrence, event, act or ommissio you cliai caused th injury or damage. (Use
addition 1 paper if necessary.) �ZV I0 V,
JR/A one anrcAlf\ �.� ��41 _�� , �� m '�r,r�►.fyy �s_1rP Ge \a 3he kr � j;s . R4M ►�.u►\dme *tsfv�c� 1 fg' i\e. . a di ,nnte5t- CkriT �.Lh•* cu�;r�'n
.o , e �Atnen►J� r �-'c�.v \t c at,
e. What particular action by the City or 11s employees, caused the alle ed darna.ge or
injury? `\ : �� 5 �� �� arti4X, ov
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Page 1 of 2
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4'. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred
so far as it may be known at -tillke time Hof presentation of the claim. If therg were no
inj ries1j state "no injuries": C.ak. vi i2 i) Ars _c�,v4. gy illAol,n%o�v�¢`4 C�ey��,l art✓
i t kr, vpi-A- irft av_Vri o r; C 4+"C� kC V e c i( 4-
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5. Give the names) of the City a ployee(s)causing the damage or injury: 7c?i1 -novel
j eJesz Ili i.‘\ ;b t zint -i' (�ZC. ;'Cl aiA, uA 1NiA
6. Name and address of any other person(s) injured: I\dne
7. Name and address of the owner of any damaged property: _'
_ V
8. Damages claimed:
a. Amount claimed as of this date: $ 11 S� ,1 v al
b. Estimated amount of future costs: $ t.t 0,1(wg�rn c r , 1ii&-t
c. Total amount claimed: $ ) At\-1) . 6b
d. Basis for computation of amotints claimed (include copies of all bills, invoices,
estimates, etc.): SA-\\\ c i OP jilt') ye Cte -
9. Names and addre es of all witnesses, hospitals, doctors, etc.:
10. Any additional infor ation, including police reports, which might be helpful in considering
this claim: Tl/z
WARNING:IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (PENAL CODE 72;
INSURANCE CODE 556.1).
I have read the matters and statements made in the above claim, and I know the same to be true of
my own knowledge, except as to those matters stated upon information or belief as to such matters
I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND
CORRECT.
Signed this day of be Ce �,�% ,20 j L , at polim_ eS-P--/V ,Cq`� iv 4\-.. .
SIGNATURE F LAIMAI SIGNATURE OF CLAIMANT
Office of the City Clerk, Palm Desert, California DOC. NO./Q DATE FILED \. —( c
Page 2 of 2
Timothy Lewis Whiting Certified ail
Telephone
June 28,2016
Ms. Teresa Vakili
Palm Desert Housing Authority
RPM Palm Desert Corporate Office
72-600 Fred Waring Drive
Palm Desert,CA 92260
Tel. 760-674-1139
Re: Reconsideration of Denial for Subsidized Housing Unit at Palm Desert Housing
Authority's California Villas Apartments
Dear Ms.Teresa Vakili:
On June 07,2016,I sought out subsidized housing at Laguna Palms Apartments located in
Palm Desert,California.In doing so,I met with Property Manager Maribel Rios who informed
me that there is approximately a one year waiting list.During this meeting,I discovered that this
property is managed by the RPM Company.I informed Ms.Rios that my name remains active
on RPM Company managed California Villas Apartments waiting list.Ms.Rios entered my
name into her computer system and confirmed that since December 2015 my name remains
active on California Villas waiting list.Being on RPM Company's waiting list did not require
me to reapply or submit a second rental application with Laguna Palms Apartments.As a result,
Ms.Rios simply entered my name on Laguna Palms Apartments waiting list.Before leaving,I
received Ms.Rios's business card and thanked her.
On June 09, 2016, I did visit California Villas Apartments in Palm Desert,CA in hopes
of securing a subsidized section 8 apartment unit since my name has remained active on
California Villas waiting list for over a year. Upon my arrival at California Villas,I spoke with
Miss Shirley("Shirley")from management.I informed Shirley that my name remains active on
California Villas Apartment waiting list;therefore,I would like to rent an apartment unit using
my Section 8 Housing Voucher. I also asked Shirley to check my name on the waiting list to see
if my name is at the top but she did not respond.Instead, Shirley asked and took down my
name and telephone number and mentioned that she would contact me later that day, but she
never called me.Due to Shirley's lack of candor,I accepted that Palm Desert Housing
Authority and California Villas denied my request for a subsidized housing one bedroom unit.
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Next,I took this matter up with RPM Management Miss Teresa Vakili ("Vakili")who
informed me that I had signed a previous discrimination Settlement Agreement(the
"Agreement")and therefore,I could not apply for an apartment unit at any property owned or
operated by Palm Desert Housing Authority.Ms.Vakili makes reference to a provision in the
Agreement that states, "Claimant further agrees he will not apply for housing with Respondent in
the future at any property owned or operated by the Respondent" However,I reminded Vakili
that my name remains active on the California Villas waiting list But again,Ms.Teresa reiterated
that I have to seek out an apartment unit with a different housing authority other than Palm Desert
Housing Authority as a result of the previous signed Agreement To differ,it is my sincere belief
that the so called"will not reapply"provision in the Agreement only precluded me from
reapplying as opposed to my first application already being approved and on the waiting list.
In retrospect and despite having signed the Agreement,I now believe that I was retaliated
against with the inclusion of such a provision that basically forever restrains me from engaging
in any business with the Palm Desert Housing Authority who owns and operates substantial
subsidized properties in the City of Palm Desert Furthermore,it is to my recent understanding
that the"will not reapply"provision in the Agreement is perhaps illegal and/or violation of public
policy.A violation of public policy makes a provision unenforceable.To be noted,I believe that
RPM Company/Palm Desert Housing Authority attorneys made a false representation of
California law by drafting such a"will not reapply"provision as part of the Agreement.
I am a disabled person according to federal law.This is to give notice to requesting the
following relief: (1)if my name is not at the top of the waiting list then my name be placed at
the top of the waiting list so that I can be placed in the first available subsidized 1 bedroom
apartment unit at California Villas Apartments located in Palm Desert,CA.
Please let me know within ten days of the date of this letter whether you will grant the
requested relief.I appreciate your prompt attention to this matter.
Sincere , t //``,`�
ielt/
Timothy L. ' .. ' g
Section 8 Housing Voucher Holder
Cc:Teresa Vargas-Patterson,Department of Fair Employment&Housing
Cc:Paola Ortiz,Riverside County Housing Authority
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