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Home My WebLink AboutClaim 759 - D.Stewart�J CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#759) BY DENISE STEWART IN AN UNSPECIFIED AMOUNT SUBMITTED BY: Rachelle Klassen, City Clerk DATE: October 8, 2015 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 759 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: Attachments (as noted) roved: n M. Wohlmuth, City Manager Klassen, Rachelle From: Greenwood, Mark Sent: Wednesday, August 26, 2015 10:09 AM To: Klassen, Rachelle Subject: Claim No. 759 Rachelle, It is recommended that Claim No. 759 be referred to the claims adjuster. Mark Greenwood, P.E. Director of Public Works City of Palm Desert pLl f y C r �"`11, �1, �cS� 73-5 to FRED X.4RIN(i DRIVE Ni_m DESERT, CALIFORNIA 92260-2j78 TEL:760 346-o6ii intiii� citt oCpalmilescrt.orG TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: AUGUST 24, 2015 SUBJECT: CLAIM NO. 759 - CLAIM AGAINST THE CITY BY DENISE STEWART IN AN UNSPECIFIED AMOUNT The attached Claim No. 759 is being transmitted to you for the following: ❑ Information only. or 1K 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 September 24, 2015, for timely response to the Claimant. Note: Attached for your reference is an article from The Desert Sun newspaper about the incident giving rise to the subject Claim. RACHELLE D. KLASSEN, MMC CITY CLERK Attachments (as noted) � -F +M .TM Gi II lilr- .+i �I�'l fill ill A. �,"g�^ saw„. CARL WARREN & CONI1'AI\Y Ciainls Pv?anagonne�l! am] Solutions August 25, 2015 TO: City of Palm Desert ATTENTION: Rachelle Klassen RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Stewart vs. Palm Desert Denise Stewart City of Palm Desert 8/24/ 15 7/30/ 15 1916028 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. Varo-w Timothy M. Varon Claims Specialist AN EMPLOYEE -OWNED COMPANY 770 S Placentia Avenue i Placentia CA 92870 P 0 Box 25180 1 Santa Ana. CA 92799-5180 www carlwarren.com i Tel 714-572 5200 1 800-572-6900 1 Fax 866-254-442.', CA License No 260729e; 4,1 I f#, �7i1 r III I IIV Ial I„ I rw �,'' rare ~ ��Illil+� illlllia. t " t I '� CARL 11'ARREN & COMPANY Claims Management ari!i Snl'..11ior August 25, 2015 Denise Stewart Palm Desert, CA 92211 RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Stewart vs. Palm Desert Denise Stewart City of Palm Desert 8/24/ 15 7/30/ 15 1916028 TVQ Please be advised the above -referenced claim was referred to our office for investigation. We are the liability Claims administrators for the City of Palm Desert. This matter is being handled under the file number provided above and is being investigated by our Claims Adjuster Timothy Varon. Upon completion of the investigation, we will contact you concerning our determination of liability. Very Truly Yours, CARL WARREN & CO. Ti,4� M. Varo-w Timothy M. Varon Claims Specialist 657-622-4287 cc: Member Agency: City of Palm Desert, attn:Rachelle Klassen AN EMPLOYEE -OWNED COMPANY 770 S. Pacentia Avenue i Placentia CA 92870 P. O. Box 25180 1 Santa Ana. CA 92799-5180 www carlwarren.com I Tel 714-572 5200 1 800 572-6900 1 Fax: 866 254-4423 i; L t_ I ;f L U CIT ( CLERK'S OFFICE PALM DESERT, CA CLAIM AGAINST THE CITY OF PALM DES�T�(�G 24 AM 10- 39 (For Damage(s) to Person(s) or Personal Property Received by: via: U.S. Mail Interoffice Mail Over -the -Counter CITY OF PALM DESERT ASSIGNED CLAIM N0. 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--)Pn- ADDRESS PHONE NO. Z ') _ _ OF BIRTH: SOCIAL SECURITY NO._ _ _DRIVER'S LIC N E NO. 2. Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: A b c J e- 3. Occurrence or event from which the claim arises: a. DATE: b. TIME: 71 o c. PLACE (exact and specific location � ' 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 paper if necessary.) L , t r P -� I n r,� e. Page 1 of 2 What particular action ,by the City, or its emp injury? -1 +— s' e e � b. ) L: r, a i r, a+ c 4. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state "no injuries": !L�_i ,5 j -�Q � n,"A i C E 5. Give the name(s) of the City employee(s) causing the damage or injury: 6. Name and address of any other person(s) injured: I 7. Name and address of. the owner of any damaged property: 8. Damages claimed: a. Amount claimed as of this date: $ b. Estimated amount of future costs: $ c. Total amount claimed: $ - d. Basis for computation of amounts claimed include copies of all bills, invoices, estimates, etc.:-r- 9. Names and addresses of all witnesses, hospitals, doctors, et .: ' I 10. Any additional information, including malice reports, which might be helpful in considering this claim: /, J k 4- 1) I --F c n-, , � - r; , e ll: ( i c� 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. t Signed this i_ day of ri a , 2015 , at -7 SIGN TURE OF CLAIMAINVT Office of the City Clerk, Palm Desert, California Page 2of2 SIGNATURE OF CLAIMANT DOC. NO. DATE FILED [5 f 3 61 Cl n e• r'l r, r•. rb 6C :01 Na 13 3AV SIIZ r0 '1a3S30 W1Vd 301J30 S.A8310 � L10 T tom" G (AA lilly 0 fa' John van Dalen "The Computer Whisperer" 9151 Rawson Road Morongo Valley, CA 92256 Bill To " Denise Stuart Palm Desert, CA 92211 [_ Invoice Ship To Date Invoice # 8/7/2015 413 P.O. No. Terms Due Date Project 8/7/2015 Service Date Description Quantity Rate Amount 8/6/2015 Storm -Damaged Swing Set 1 55.00 55.00 Dismantle, remove and dispose of swing set mangled by fallen tree. Phone # Fax # E-Mail 760.673.7391 consult@johnvandalen.com Total Payments/Credits Balance Due $55.00 $-55.00 PLEASE MAKE YOUR CHECK PAYABLE TO: John van Dalen. or... NOW YOU CAN CHARGE YOUR PAYMENT ONLINE. Bank or Credit Card: CITY OF PALM DESERT CITY CLERK'S OFFICE MEMORANDUM TO: MS. DENISE STEWART FROM: M. GLORIA SANCHEZ, RECORDS TECHNICIAN DATE: August 10, 2015 SUBJECT: CLAIM AGAINST THE CITY OF PALM DESERT Enclosed is the City of Palm Desert Claim Form you requested. Please note that liability claims must be filed with the City Clerk's Office no later than six (6) months from the date of the incident giving rise to the potential claim. It is helpful to our offices if you are as complete as possible when answering the questions on this two -page form, including copies of receipts for expenses incurred, and photographs if they're available to help document the damages being claimed. The completed claim form must be mailed or delivered to the City Clerk's Office, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260. If you have any questions or require additional information, please do not hesitate to contact our offices. M. Gl,o-ri a- Sa*tt c � Records Technician 73510 Fred Waring Drive Palm Desert, California 92260 Tel: (760) 346-0611 ext. 354 Fax: (760) 340-0574 E-mail:gsanchez citygfpalmdesert org GP,CITY-_LRKZLORIA SANCHEZWEMOS'•CLAIM AGAINST THE CITY.DOC s` w e 4S B: ppy $ �wrwy..,w.°mn"mom: v t rypg t S w J° � I I� loll y, F F tl. Storm takes out trees, power poles in Palms Page Crews dean up storm carnage W Palm Desert country Glob Sherry Barks he Desert Sun The Doeri Brea 3 40ty s F"�7� r1¢ t.0 1 m=Jt 5 Pala [desert Country club looked like a war zone Friday after a storm whipped through the area, sending trees toppling onto homes, snapping power poles and cutting electricity to thousands n Streets were littered with with trees branches, roof fites and other debris Cat Fare says there were no other rK�se �ct� areas of the valley that suffered extensive damage. while the early morning air echoed with the sounds of buzz saws as crews and residents worked to clean up the mess (Phcra sherry Harka&7he Desert California Villas apartments on Elkhorn "frail seemed to take the brunt of the structural damage where several Sun) large trees crashed into apartments. http:/,"% d s rtsun. om,istoryyl e = l c li?ti /0713I °pairft-desert-country- tit -storm-out e-ros-clo...t 8 /0i Storm to Lightning as seen from Palm Desert, ftvwx ffsborm #rzqn 2 1 luentse U00lSby€ Qdenisagoolsby low Couple more shots of lighting crackling over the desert, i love this! Qte serf#C%Ioix 27 RM - 30 Jul 2015 Desert Palms CA United states 62 In the meantime, the following roads remain closed as of i t a m, Friday, according to the city of Palm Desert; http://w%,%v.desertsun.com/storyi,news/local/2015/07/11 1m-desert-country?-club-sto-dotage-roads- to .. / 201 Stomi tales out trees, power poles in Palm Desert Honda Avenue at Iannessee Avenue (east ounci tares), -California Drive east of Warner Trail (eastbound lanes). -Michigan Chive west of earner "frail (both directions). - lame, 'i~rali at Mchlgian Drive (full intersection closure), -California Drive at Florida Avenue (full intersection closure): .0 TON S 3,99 .0TO $4,159 4.0 To $4,499 S.0 TOM $4,699 -California Drive at Tennessee Avenue (westbound lanes), -Illinois Avenue at Florida Avenue (fu# intersection closure). -Indiana Avenue at Elkhorn Trail (full intersection closure)° -Illii€ rus Avenue at Elkhorn Trait (full intersection closure) About half of the road closures are due to domed pourer lines and poles whine trees and debris forced the closure of withers, city spokesman David Hermann said "City Public Works crews have been working throughout the night to dear and reopen roadways, such as Fred Waring Drive, which is now open to through traffic thanks to their efforts," Hermann so' id, "They hope to have a rnagorty of the closures caused by fal°.en trees and debris reopened by the end of the day today," he said Extensive damage wasn't reported anywhere else in the Coachella Watley.. said Michelle Cairiviell of the Riverside County Office of Emergency Services She didn't know of any injuries but said at least three displaced farmle5 were helped by the American Red Cross As the temperatures heat up today, Caldwell suggested People writhout purer and nowhere else to go, seek relief at one of the city's following cool centers: -Joslyn Center. 73750 Catabna Way. -Pawn Desert Community Center, 4 -900 San Pabio Ave. The Joslyn Center doses at 4 p, or today, Hermann .said The Falco Desert Community Center, which is typically open until g p tint on Fridays, is preparing to extend its hours in case power has not been restored to all hornee affected by outages he cold. The public library„ at 73-300 Fred daring Chive, can also provide some respite from the heat as can Vifsstfield mall, Hermann said :=T SUN S r' a n 12 5 3 Sx�'itit^�eY 4y cr'r e air 3 i ttrs`.'tew w°c�°:cias rtsiid.cisin sitr r�woathor," fii Cr7,3CtrTi&ta4�irs -drsst ar3.=i rsrv-isseicti Coachella-v°alley,31)9I A-t€.A Read or Share this stortry http:/,`deseq.sn/lSo Dh http://,Ar�vw.desertsun.com/stoiT/news/local/2015/07/"j' I / r -desert- ountrv- lub-st -a tit -roads- spa„ t` t