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HomeMy WebLinkAboutClaim 752 - M. and G. GarciaCITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#752) BY MOISES AND GLORIA GARCIA IN THE AMOUNT OF $32,000 SUBMITTED BY: Rachelle Klassen, City Clerk DATE: February 12, 2015 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 752 Recommendation By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 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(b), 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: Ra elle D. Klassen, M , City Clerk rdk Attachments (as noted) CARL WARREN & COMPANY ClairnS ManaF,ement and SOILItiOr1S January 15, 2015 TO: City of Palm Desert ATTENTION: Rachelle D. Klassen, MMC, City Clerk RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Garcia v. Palm Desert Moises & Gloria Garcia City of Palm Desert 9/24/14 9/8/14 1894410 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 claimants. 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 supervisor. Very truly yours CARL WARREN & COMPANY Rtc�&V. Mcwqu -1 Richard D. Marque Supervisor AN EMPLOYEE -OWNED COMPANY 770 S. Placentia Avenue i Placentia, CA 92870 P. O. Box 25180 1 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 y� i 73 5 t t) FRIA) WAI?IN<; DRIVE ITI.: 760 346-o6 i i inlnw ,it�nl��i.ilmilr+ort.tu'i� TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGE DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: SEPTEMBER 24, 2014 SUBJECT: *W,, 1 11 1 - CLAIM AGAINST THE CITY BY MOISES AND GLORIA GARCIA IN THE AMOUNT OF $32,000 The attached Claim No. 752 is being transmitted to you for the following: ❑ Information only. or to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by October 24, 2014, for timely response to the Claimant. RACHELLE D. KLASSEN, MMC CITY CLERK Attachment (as noted) Klassen, Rachelle From: Greenwood, Mark Sent: Friday, September 26, 2014 8:42 AM To: Klassen, Rachelle Subject: Claim No. 752 Rachelle, It is recommended that Claim No. 752 be rejected as the flooding was an act of nature. Mark Greenwood, P.E. Director of Public Works City of Palm Desert it-1 E5,� CITY OF PALM DESERT ro 2 ASSIGNED CLAIM NM:, CLAIM AGAINST THE CITY OF PALM DESERT cn -< (For Damage(s) to Person(s) or Personal Property) -rn =c-)�10 rV Orin Received by: /) - SZ?/ �+ Z ? �Nm via: U.S. Mail Interoffice Mail Over -the -Counter C >� rn 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, 73-5I0 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 `p INFORMATION: NAME i�tG1 �a OJO 6k4t6L (lot a'a ADDRESF PHONE Nv. k 1 DATE OF BIRTH: SOCIAL SECURI7 Y NO. DRIVER'S LICENSE NO. 2. Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: lt,i S avid &btiek Ciaruct, 3. Occurrence or event from which the claim arises: a. DATE: 5 tmi2r11F b. TIME. _:.;_.:�. rri . c. PLACE (exact and specific location)`t ji & al� Vvlpu,,t :: • ; t : u _ ck k(d v r,-y ,e id oee d1m Ser , t4- d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or ommission you claim caused the injury or damage. (Use additional aper if n`ece(ssary.)`f -Waal. a '46 y►uaufo— ra.trr [6,(yr) *iat Flamed `i"{'1.° e / e , a.M_ 4( rlUGG7?L� t Lo )oY le- (vtie► 6) r • a vn � OY K devkee . � r(' W 2 5 & ne ( 4; a wLuo[ 14yn�(n in. �QdC k'Y%V bOme. - tzff;� TT m =�s 76iw R''rZ• LA Q,nugc lL . e. What particular action by the City, or its employees, caused the alleged damage or injury? i btau� G� `tG L'�F'i 5i� - , ad `Prev-OL1.5 a;- rvt�t er' uiov��t -fA. 4i�&�L& i a-rE N i-eaea c n -frent o wou se e,-,et rQ cn tfa l r, nu eT has (A's+e and denim q1ti oeeesSraltI a o-q to k&uc Q„Ld plc a- ,r, Page 1 of 2 4. 5. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred Give the names) of the City employee(s) causing the damage or injury: ' &'YJ fk&d 51gk' A4W qtc- 6. Name and address of any other person(s) injured: %(v bne way �)cxGl� t rl��r ccj 7. Name and address of the owner of any damaged property: CzA,,(,y cijU "oa- �ta.voa_ 8. Damages claimed: a. Amount claimed as of this date: $ I)f) QLb. `tt' b. Estimated amount of future costs: $ la ute. 01) c. Total amount claimed: $ :�', 6W . d. Basis for computation of amounts (--lai ed include copies of all bills, invoices, estimates, etc.): l l) t'1( lx o(.O i V4 a ( of0`t! irevvu.{�'d{� e (a wt s w ( leeQ.. 9. Names and addre ses of all witnesses, hos itals, doctors, etc.: LAJ4 y{ ��a(n i '� •t'u�.,Lre (�o rks �CUck �bvn-W(� �la-o rune-n ,co , `I`II.D(v5 r�. wouA u,'eu-> n, �ert D5,epn rDn , -11(ol9D Mou LT12i tit", dlni e . N -- 10. Any addition 1 information, i cluding Lpolice reports, which might be helpful in considering this claim: Mt, U['L' ts: Wu5 r f1 u G S tNftS dtt4tiL' ti✓ CCCQ WAe S o WARNING:IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! PENAL CODE 72; INSURANCE CODE 556.0. 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. S' ed this c�A d Y of 5 +.PW16, 204_ ,__ at at. U (> �- SIGNATURE OF CLAIMAINT SIGNATURE OF 'CLAIMANT Office of the City Clerk, Palm Desert, California DOC. NO. DATE FILED Page 2 of 2 MOISES AND GLORIA GARCIA Cell or September 23, 2014 Subject: Flood Damage to my Residence, Dear Honorable Mayor and City Council Members: On Monday, September 8, 2014, around 8:00 a.m. there was a severe storm in the desert. Unfortunately, we were one of the victims that endured a severe flooding to our home. We reside at , Palm Desert, which is located in the Palm Desert Country Club. Our home was built in 1979, and at the time we were under the County of Riverside's jurisdiction. Our street was just a dirt road until the City incorporated us. In the past, when it has rained, the rain would create a large pond where you could literally swim if you were a child and/or float on the water. What has prevented the flooding to the house in the past was that our property was surrounded by one acre vacant lots and the dirt would absorb the water and would allow the water to drain to the south around our house. As time has progressed, homes have been built all around and also built on higher ground so they have not had to sustain any damage but have also blocked the overflow of the street creating a sump condition that now can pond up into our house when the drywell catch basins in the street reach their capacity. Perhaps these homes should not have been allowed to be built within the natural drainage path and block the overflow of the streets. I have been complaining for years about having better drainage in the street since my house is the one that endures the most water pond problems. I met with the previous City Manager, Carlos Ortega, only to be ignored. Also, met with public works staff only to be informed they have installed dry wells and that is sufficient to deal with the rainfall and/or and it's a big expense to connect to the storm drain. Perhaps with the money the City saved by not installing the storm drain, the City could compensate us for the cost of repairs and materials due to the damage sustained to our house. The attached pictures will show how deep the four -foot water was on the street in front of my house, and the one -foot of water inside my "entire house" going into the entire backyard. Pictures cannot lie about the severe damage. I called that morning to have public works staff to respond "urgently" because our house was drowning in mud water September 24, 2014 Subject: Flood Damage to my Residence, . Page 1 of 2 with trash. I know code compliance supervisor also responded to assist on that matter, and I am so grateful for Mr. Rodriguez attention to address the urgency of damage. I am pleading with the City Council to direct the Public Works Director and his staff to look into installing an adequate drainage system in this area. We know that there will be more rainfalls and more storms, and I need to know that the City is going to protect my house from the storm water drainage on the street, and to prevent water from flowing like a stream into my house. The surrounding property owners are willing to meet with the City staff to discuss a plan of action. Thank you for your time and consideration of my letter. I hope the pictures will help each of you understand how severe and how high the water was in front of our house and inside our home. Sincerely, Z��aMoise aa cia Property Own rs Attachments: Colored Pictures t ��,, =�,4 ."��,,,. ,,.u. ry -- It t � 1 r: � r M t; �� 34�5 � C 9y�y{ .. U1h. D' ? �'4. t3f IYbq'Rr""9 rlsz,' s f j ' 0 I r 4 �' 5 ' �""'"^'^i '� I n, -:; klw6w�w,', I I A, r we,r� L ��� . . ��. � � \ y . � � � . � � � � \ �� /> �«� � � � , � »� � / � � � � :� � � � � « <. , � . � /^ � \e , _ � � a �2 � \ ^\� � � A t © � » \ d°� \\. . 2� � �� ®�� . a \� \' .. d�d}? q .. : .. . � « .yam* ems® � � �. ... ,�� � ^ . � ©yy� ©2«� � � � � .,>a.. , �� ��� ���X �� � /k � �@t Y; i ,-6 11 :dui �:" ���? 1� � �' .. R ^ �. W7.':.' Lj �