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Home My WebLink About2021-12-02 Update FW_ Status of the overhanging hazards.pdfFrom:Steve Aryan To:Lori Carney; Brianne Lawson; Cora Gaugush Cc:Robert Hargreaves Subject:FW: Status of the overhanging hazards Date:Thursday, December 2, 2021 3:00:13 PM Attachments:image001.png image002.png Hi Team, I am sharing an update on this claim in case the claimant, Mr. Pisarczyk contacts one of you. As Mr. Varon from Carl Warren states below, should Mr. Pisarczyk contact us, please refer him to speak to Carl Warren and do not engage him further. They are handling the claim for us at this point. Thank you! 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: Varon, Tim <TVaron@carlwarren.com> Sent: Thursday, December 2, 2021 11:38 AM To: Steve Aryan <saryan@cityofpalmdesert.org>; Stroud, Laurie <LStroud@carlwarren.com> Cc: Alex Mellor <amellor@cjpia.org>; Cora Gaugush <cgaugush@cityofpalmdesert.org> Subject: RE: Status of the overhanging hazards Hi Steve, The file is currently under review for assignment to a panel attorney, however, I reached out to Mr. Pisarczyk directly to explain to him that Carl Warren and Company handles claims for the City, and that he has been improperly contacting you, as you do not process the claims. I went onto explain that as he was claiming over $800k in damages that that amount was a non-starter and that the claim has been rejected to protect the interests of the City. He wanted to know if we would discuss settlement for a lesser amount, and I explained that we could certainly be open to that. He then asked what the City would pay, and I explained that there was no way for us to comment on that as he has not submitted any medical billing or records, and that there is still a question of liability. He said he was open to sending in the meds for our review, and is dead set on the branch not meeting ADA requirements. I didn’t address the liability with him, and the City’s strongest defense is that the condition is open and obvious, but I will run it by the attorney that gets assigned to see if there is any potential liability exposure to us regarding the branch in question. He made some veiled threats about contacting the State and Feds about the tree being in non-compliance, and I told him that it was my understanding that the branch was already removed. He also said that he would talk to a lawyer before he sent in the meds, but I got the impression that it was another tactic he was trying to use to get us to throw money at him. He also mentioned that he had a previous issue with a location in Palm Desert that wouldn’t allow him to play pickleball because he had a cane, and that a settlement was made with him. I suspect that due to that prior claim he’s emboldened in trying to get money from the City, but that if we stay firm with him in terms of our processing of the claim that he’ll eventually come to a more reasonable position. I get the sense that he’s looking for a quick and easy payday. We certainly won’t be making any settlements unless it turns out that there is a liability exposure to the City, and that we would need to verify the extent of his injuries. If Mr. Pisarczyk contacts you further, please direct him our way, but once the attorney is assigned on this file we will have him follow through on your request for a drafted response letter. Thank you! Tim Tim Varon | Claims Supervisor Carl Warren & Company, LLC | A Venbrook Company PO Box 2411, Tustin, CA 92781 Office: (951) 465-4551 | Fax: (866) 254-4423 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This e-mail (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this e-mail in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, e-mail, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this e-mail. It is your responsibility to check this e-mail (including any attachments) for viruses. From: Steve Aryan <saryan@cityofpalmdesert.org> Sent: Thursday, December 2, 2021 10:34 AM To: Stroud, Laurie <LStroud@carlwarren.com> Cc: Varon, Tim <TVaron@carlwarren.com>; Alex Mellor <amellor@cjpia.org>; Cora Gaugush <cgaugush@cityofpalmdesert.org> Subject: FW: Status of the overhanging hazards Thank you for speaking to me yesterday Laurie. Can your attorney please provide a draft response I can send Mr. Gizmo, as he is asking for a response to several items? Thank you! Stephen Stephen Y. Aryan Community Resource Manager Ph: 760.346.0611 Direct: 760.776.6326 saryan@cityofpalmdesert.org 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.