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Home My WebLink AboutClaim 779 - S.E.CalderonREQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT CLAIM AGAINST THE CITY (#779) BY SAVANNAH E. CALDERON, A MINOR, IN AN UNSPECIFIED AMOUNT Rachelle Klassen, City Clerk December 8, 2016 • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 779 By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. Strategic Plan Obiective This request represents routine conduct of municipal affairs; there is no specific Strategic Plan Goal associated. Backaround 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 Analvsis 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: Approved: Rac elle D. Klassen, MM ity Clerk Lauri Aylaian, City Manage rdk Attachments (as noted) X/V/0 CARL NYARREN & COMPANY Claims Management and Solutions November 28, 2016 TO: City of Palm Desert ATTENTION: Rachelle Klassen RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Calderon vs. Palm Desert Savannah E. Calderon (minor) City of Palm Desert 10/21/16 7/4/ 16 1950784 TVQ Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist. Very Truly Yours, CARL WARREN & CO. Ti,4� M. Va rO*v Timothy M. Varon Claims Specialist AN EMPLOYEE -OWNED COMPANY 770 S. Placentia Avenue i Placentia, CA 92870 P. O. Box 25180 i Santa Ana, CA 92799-5180 www.carlwarren.com i Tel: 714-572-5200 i 800-572-6900 i Fax: 866-254-4423 CA License No 2607296 I I I y 01 P H [ M 9ESEPi 7 3 — 5 1 o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346—o6zi info Ccityofpa(mdesert.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF COMMUNITY DEVELOPMENT, RISK MANAGER FROM: CITY CLERK DATE: OCTOBER 21, 2016 SUBJECT: CLAIM NO. 779 - CLAIM AGAINST THE CITY BY SAVANNAH E. CALDERON, A MINOR, IN AN UNSPECIFIED AMOUNT The attached Claim No. 716 is being transmitted to you for the following: ❑ Information only. or ❑ 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 November 21, 2016, for timely response to the Claimant. Note: Attached for your reference (electronically attached to the e-mail for this report) is a copy of City of Palm Desert Contract No. C33470 - Operations Agreement With The Family YMCA of the Desert for Ongoing Management of the Palm Desert Aquatic Center, which is relevant to the incident giving rise to the subject Claim. Additionally, attached directly to this report is a copy of the most current Certificate of Insurance for the Family YMCA (I have requested an updated Certificate). 0 R C Attachments (as noted) cc: Kimberly Warpinski, Management Analyst „41141Q', :fRICLED"I 9 CITY OF PALM DESERT LAW OFFICES OF ASSIGNED CLAIM NO. -Z - 0 MICHAEL R. KAISER Michael R. Kaiser 801 E Tahquitz Canyon Way Suite 101 Julie B. Isen Palm Springs, CA 92262 Telephone: (760) 322-0806 Facsimile: (760) 322-8979 E-Mail: iisen(a)mkaiserlaw.com October 7, 2016 Claim for Damages to Person and Proverty To: City of Palm D. se;t, City Cleric Name of Claimant: Savannah E. Calderon, a minor Address of Claimant: Birthdate of Claimant: Occupation of Claimant: Minor Home phone of Claimant: 'b .C' O r3 rn oo r- -;0 73 Ln _ -rt rn Claimant's Soc Sec No.: Address & Phone Number to which notices or communications to be sent regarding this claim: Law Offices of Michael R. Kaiser 801 E Tahquitz Canyon Way, Suite 101 Palm Springs, CA 92262 760-322-0806 (phone) Email: iisen(a-)mkaiserlaw.com This claim is not related to a stale -dated warrant. Date damages/injuries occurred: July 4, 2016 Name of any City employees involved in injury or damages: Unknown Location where i nj ury or damages occurred: Palm Desert Aquatic Center, 73751 Magnesia Falls Drive, Palm Desert, CA 92260 Claimant was visiting Palm Desert for the Fourth of July holiday this year. As part of their family celebrations, they purchased admission to the Palm Desert Aquatic Center. They spent the day there without incident. The following day, they returned home to Lake Forest. After their return, Savannah Calderon became weak, lethargic and feverish. On July 6, Savannah's parents took her to the emergency room at Hoag Hospital. It was not until an appointment the following day, on July 7, 2016 at Southern O.C. Pediatric, that Savannah was diagnosed with Hand, Foot and Mouth disease. This disease is known to be contracted through un-chlorinated water. Savannah's mother, Rachel Calderon, called the Environmental Health Department in the Coachella Valley to report the incident. The individual she spoke to, Brian Martinez, confirmed a few days later that he had closed down the pool as there was no chlorine in them. Mr. Martinez also informed Mrs. Calderon that prior to the holiday, on June 30, he had tested the kids pool at the Aquatic Center and found it was low on chlorine. Attached to this government claim as Exhibit A is proof of purchase of admission to the Aquatic Center. Why the City is responsible: The City owns the property on which the incident took place. The property is run by Family YMCA of the Desert. However, under CA Gov. Code §815.4, a public entity is liable for injuries proximately caused by the tortious act or omission of an independent contractor of the public entity to the same extent the public entity would be liable if it were a private person. Injuries or Damages: After suffering from high fever and rash, Claimant went to the emergency room. There, Claimant underwent various tests. The next day, Claimant went to see her regular pediatrician, underwent more testing, and was diagnosed with Hand, Foot and Mouth disease. Treatment was antibiotics. General Damages. The amount claimed as of the date of presentation of this claim is as follows: Over $10,000, unlimited jurisdiction. Was damage or injury investigated by police? No. Were paramedics or an ambulance called? No. Date and location of first medical visit: July 6, 2016, Hoag Hospital, 500 Superior Ave, Suite 250, Newport Beach, CA 92663 Witnesses to damage or injuries: Parents of Claimant, Rachel and Armando Calderon, various unknown employees of the YMCA and the Palm Desert Aquatic Center, Brian Martinez, Environmental Health Specialist of the Environmental Health Department Auto Insurance Information: Irrelevant to this claim. I declare under penalty of perjury under the laws of the State of California that all the information I have provided is true and correct to the best of my information and belief. Signature of claimant or person filing on his behalf: Julie B. Isen, Attorney Dated: l ao ► -- - JJ1E B. ISEN, Attorney Exhibit A -- ► 7/O42016 F:,tJIYYMCA OFTHE DES ?AL4,DESERT CF j3.925.38 SELECT CATEGORY 4393 CO � O a 3 mO Lf) --4 :• S n C) N _� N � � N U CD N i+ v' m O