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HomeMy WebLinkAbout2021-12-01 SA to Alez MellorRE_ Walter Pisarczyk Claim.pdfFrom:Steve Aryan To:Alex Mellor Cc:Robert Hargreaves; Lori Carney; Cora Gaugush; Varon, Tim; Stroud, Laurie; Tim Mahoney; Barbara Thorpe Subject:RE: Walter Pisarczyk Claim Date:Wednesday, December 1, 2021 2:31:24 PM Attachments:image001.png 858-PISARCZYK, WALTER.pdf 2021-04-22 Diane Hollinger Freedom Park tree pruning.pdf 2021-04-22 Photos-Freedom Park Tree.pdf image006.png Hi Alex, I spoke with our City Attorney on this matter and we both think it is a good idea if one of your attorneys could start monitoring the correspondence in this case, such as my response back to the claimant. Please give me a call at your convenience and we can discuss further. Thank you! Stephen Stephen Y. Aryan Community Resource Manager Ph: 760.346.0611 Direct: 760.776.6326 saryan@cityofpalmdesert.org From: Alex Mellor <amellor@cjpia.org> Sent: Wednesday, December 1, 2021 1:50 PM To: Tim Mahoney <tmahoney@dac-corp.com> Cc: Steve Aryan <saryan@cityofpalmdesert.org> Subject: FW: Walter Pisarczyk Claim Tim: Please see below. Can we ask for your assistance in evaluating the tree and adjacent path of travel to determine if the location meets ADA standards? I also wonder if this location was identified during the city’s self-evaluation and whether it may already be in their transition plan. There is also another email with photos etc. that I will send to you. Thanks Alex Mellor Click here to access California JPIA COVID-19 FAQ and Resources From: Steve Aryan <saryan@cityofpalmdesert.org> Sent: Wednesday, December 1, 2021 9:31 AM To: Stroud, Laurie <LStroud@carlwarren.com>; Alex Mellor <amellor@cjpia.org> Cc: Varon, Tim <TVaron@carlwarren.com>; Cora Gaugush <cgaugush@cityofpalmdesert.org>; Lori Carney <lcarney@cityofpalmdesert.org> Subject: Walter Pisarczyk Claim *CAUTION: External Sender. Do not click links or open attachments unless you recognize the sender and know the content is safe.* Hi Laurie and Alex, As it appears this matter is going down the route of a lawsuit, can you please assist me in drafting an appropriate response? I am not familiar with his claimed medical condition (drop foot) and if that qualifies under the ADA. Would it be appropriate to aske the CJPIA’s ADA experts, or our City Attorney for clarification? Mr. Pisarczyk is also requesting an original wet signed copy of the rejection letter. Thanks for your guidance. Stephen Stephen Y. Aryan Community Resource Manager Ph: 760.346.0611 Direct: 760.776.6326 saryan@cityofpalmdesert.org www.cityofpalmdesert.org Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web From: Gizmo Man <gizmo007man@gmail.com> Sent: Friday, November 19, 2021 12:59 PM To: Steve Aryan <saryan@cityofpalmdesert.org> Subject: Re: Status of the overhanging hazards Yesterday, I received an unsigned letter from Laurie Stroud, Senior Claims Examiner stating that "your claim has been rejected based on the fact that the tree in question was open and obvious. You failed to keep safe look out while walking to ensure your safety." I am asking you as the ADA coordinator for the city of Palm Desert is this the final decision of the city? The ADA, as well as other federal construction guidelines require that trees have a minimum safe passage of 6 feet 8 inches of clearance. The ada under its protrusion requirements, require any protrusion over 4" with a minimum height of 27" to 80 " be provided for the public at all times regardless of their status of either being handicapped or not. ( I called the DOJ and spoke to one of their volunteer staff). I can go on to cite the city's own published statements on how they protect the public and comply with the ADA. You also state you follow the nationally published desert pruning standards . The point is I am a disabled person with an issue that requires me to be constantly looking down to find any differences in the surface I am walking on due to a condition called foot drop. I am unable to lift my left foot like a "normal" person. If I catch any uneven surface I fall or trip. My knees and hips are both injured from the number of times I have caught my foot on an uneven surface. The fact that Ms. Stroud stated "you failed to keep safe look out while walking to ensure your safety." is NOT the standard set by the ADA or other Federal construction requirement or the Desert pruning manual. It is up to the owner of the property to ensure that the roadways and sidewalks are free from obstructions and protrusions. I was told in essence in a second letter to file a court action. So Is this the way the city wants to go? Ignore the fact that it failed to protect the residents and its visitors? Failed to follow the ADA. Failed to have an encompassing ADA program. Failed to follow the desert pruning standards? I haven't looked at whether state laws/requirements have been violated, but normally, the state is much more restrictive than the federal gov't in these matters. What would Ms. Stroud have told me if I was a BLIND person. It was my fault for not using my cane to feel above me instead of below me. Let me know ASAP so I can proceed . Walter V. Pisarczyk 360-909-6515 On Fri, Oct 1, 2021 at 4:03 PM Gizmo Man <gizmo007man@gmail.com> wrote: HI: Was wondering if any action has been taken by the city to eliminate the overhanging hazards i.e. the large branches at Freedom Park. Thanks for any information you can provide. Walt P.