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HomeMy WebLinkAbout2021-12-24 Response to Email Inquiry from SA.pdfFrom:Steve Aryan To:Gizmo Man Subject:Response to Email Inquiry Date:Wednesday, December 22, 2021 4:57:50 PM Attachments:image001.png image002.png Dear Mr. Pisarczyk, After becoming aware of your accident involving a tree branch at Freedom Park and your concern the tree branch was a hazard and may have posed an access barrier for some disabled individuals, the City of Palm Desert did remove the branch. I appreciate that you brought this matter to the City’s attention. The City of Palm Desert is committed to serving all members of the community and has been working to ensure the entire community, including particularly individuals with disabilities, can safely access all City facilities. This is an ongoing City effort, so it is helpful to receive input like yours regarding both safety concerns and disability access concerns. As you may already know, the City of Palm Desert website contains links for the “Palm Desert In Touch” mobile and online service request form through which safety and other issues may be reported to directly to the City. The City of Palm Desert website also has an Americans with Disabilities Act page through which the City seeks public input on disability access issues and provides a “Request for Accommodation or Barrier Removal” form. Certain legal matters are handled for the City of Palm Desert by the California Joint Powers Insurance Authority (“CJPIA”), the CJPIA’s claims administrator (Carl Warren & Company, LLC), or legal counsel. In those situations, City personnel are asked to leave it to Carl Warren personnel or legal counsel to handle all communications regarding legal claims or potential legal claims. My understanding is that Tim Varon and Laurie Stroud of Carl Warren have both been in contact with you about the government claim you submitted to the City of Palm Desert. While I am not at liberty to discuss any legal claim, I do want to make sure you understand the City of Palm Desert values your input and did address the tree branch concern you raised. If you have any concern about the City of Palm Desert’s service or facilities in the future, I encourage you to let us know. Sincerely, Stephen Y. Aryan 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.