HomeMy WebLinkAbout2025-11-10 CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert Claim 975 - Formal Claim and Demand LetterFrom:Damian Olivares
To:"Tim Varon"
Subject:RE: CJP-3054901, Palm Desert, CVAG (Burke Larson)
Date:Monday, November 10, 2025 2:47:00 PM
Attachments:image002.png
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Thank you Tim, please let me know if you need anything on our behalf.
Thanks,
From: Tim Varon <TVaron@carlwarren.com>
Sent: Monday, November 10, 2025 2:40 PM
To: Damian Olivares <dolivares@palmdesert.gov>
Subject: FW: CJP-3054901, Palm Desert, CVAG (Burke Larson)
Hi Damian, I apologize for this letter being received by the City. I had clearly communicated to CVAG directly that the City had accepted the tender request. Apparently that wasn’t communicated to their City Attorney. I’ve spoken with him on the phone and explain
CGBANNERINDICATOR
Hi Damian,
I apologize for this letter being received by the City. I had clearly communicated to CVAG directly that the
City had accepted the tender request. Apparently that wasn’t communicated to their City Attorney. I’ve
spoken with him on the phone and explained the situation and am providing him with my contact information
so that he can reach out to me directly if he has any further questions or concerns.
Have a great day!
Tim
Tim Varon
Claims Supervisor
TVaron@carlwarren.com
Tel: (657) 622-4287 | Fax: (866) 254-4423
Carl Warren & Company LLC | A Venbrook Company
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, California, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (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 email 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, email, 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 email. It is your responsibility to
check this email (including any attachments) for viruses.
From: Damian Olivares <dolivares@palmdesert.gov>
Sent: Monday, November 10, 2025 1:37 PM
To: Tim Varon <TVaron@carlwarren.com>
Subject: RE: CJP-3054901, Palm Desert, CVAG (Burke Larson)
Not sure if you received the attached?
1
Damian Olivares
Subject:RE: Formal Claim and Demand letter
From: Damian Olivares
Sent: Monday, November 10, 2025 1:37 PM
To: Chris Escobedo <cescobedo@palmdesert.gov>; Richard Cannone <rcannone@palmdesert.gov>
Cc: Anthony Mejia <amejia@palmdesert.gov>; Isra Shah <isra.shah@bbklaw.com>; Andrea Staehle
<astaehle@palmdesert.gov>
Subject: FW: Formal Claim and Demand letter
I have responded to Mr. Larson’s email, I will forward to Carl Warren who is working on this matter.
Please let me know if you have any questions.
Thanks,
From: Damian Olivares
Sent: Monday, November 10, 2025 1:34 PM
To: 'larsonbito@aol.com' <larsonbito@aol.com>
Cc: Chris Escobedo <cescobedo@palmdesert.gov>
Subject: RE: Formal Claim and Demand letter
Good afternoon Mr. Larson –
Thank you for your email regarding the Formal Claim and Demand Letter submitted to the
City of Palm Desert. This message is to acknowledge and confirm receipt of your email.
Your correspondence has been forwarded to the responsive personnel for review.
Sincerely,
From:Damian Olivares
To:"Tim Varon"
Cc:Andrea Staehle; Amber Molina
Subject:RE: CJP-3054901, Palm Desert, CVAG (Burke Larson)
Date:Monday, November 10, 2025 1:21:00 PM
Attachments:Fw Formal Claim and Demand letter.msg
Good morning Tim –
Mr. Larsen has submitted a claim email to our City Manager (see attached).
Let me know if you need anything else.
Thanks,
From: Tim Varon <TVaron@carlwarren.com>
Sent: Monday, October 13, 2025 9:56 AM
To: Damian Olivares <dolivares@palmdesert.gov>
Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>
Subject: CJP-3054901, Palm Desert, CVAG (Burke Larson)
Hi Damian, This claim is insufficient. We do not anticipate the Claimant (Burke Larson) continuing to pursue this matter. As such, I will be making my file inactive. If/when you receive anything further regarding this matter, please forward it into me for additional processi
CGBANNERINDICATOR
Hi Damian,
This claim is insufficient. We do not anticipate the Claimant (Burke Larson) continuing to
pursue this matter. As such, I will be making my file inactive. If/when you receive anything
further regarding this matter, please forward it into me for additional processing.
Have a great day!
Tim
Tim Varon
Claims Supervisor
TVaron@carlwarren.com
Tel: (657) 622-4287 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, California, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (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
have received this email in error, please delete it from your system and advise the sender immediately.
From:Damian Olivares
To:"larsonbito@aol.com"
Cc:Chris Escobedo
Subject:RE: Formal Claim and Demand letter
Date:Monday, November 10, 2025 1:34:00 PM
Good afternoon Mr. Larson –
Thank you for your email regarding the Formal Claim and Demand Letter submitted to
the City of Palm Desert. This message is to acknowledge and confirm receipt of your
email.
Your correspondence has been forwarded to the responsive personnel for review.
Sincerely,
From: larsonbito@aol.com <larsonbito@aol.com>
Sent: Monday, November 10, 2025 12:26 PM
To: Chris Escobedo <cescobedo@palmdesert.gov>
Subject: Formal Claim and Demand letter
Claim and Demand LetterSubmitted Pursuant to Government Code and City of Palm Desert Municipal CodeDate: November 10, 2025 To: City Clerk – City of Palm Desert Attn: City Manager and City Council 73-510 Fred Waring Drive Palm Desert, CA 92260 Claimant: Burke Larson Address: PO Bo
CGBANNERINDICATOR
Claim and Demand Letter
Submitted Pursuant to Government Code and City of Palm Desert
Municipal Code
Date: November 10, 2025
To: City Clerk – City of Palm Desert
Attn: City Manager and City Council
73-510 Fred Waring Drive
Palm Desert, CA 92260
Claimant: Burke Larson
Address: PO Box 13072, Palm Desert CA 92255
Phone: (951) 415-4211
Email: Larsonbito@aol.com
Subject: Claim and Demand for Remediation and Compensation –
Barriers to Access at the Bump and Grind Trailhead / CV Link Entrance
(Palm Desert)
Dear City Manager and Members of the City Council:
I, Burke Larson submit this formal claim against the City of Palm Desert in
accordance with California Government Code and Palm Desert Municipal
Code which requires that all claims be presented in writing to the City Clerk
prior to initiating a lawsuit.
1. Claimant and Disability Status
I am a disabled individual within the meaning of the Americans with
Disabilities Act (ADA) and the California Disabled Persons Act (CDPA).
My mobility impairment substantially limits major life activities including
walking, standing, and climbing. I am personally affected by design features
and access barriers that prevent me—and others with similar impairments,
including disabled veterans with prosthetic limbs—from safely or independently
accessing Bump and Grind trail due to the creation of the CV Link hub.
2. Description of Incident and ADA Violations
In 2024-25, the City of Palm Desert, in partnership with the Coachella Valley
Association of Governments (CVAG), altered the primary access point to
the Bump and Grind Trail as part of the CV Link project. This alteration
replaced a previously compacted, gently sloped dirt pathway—which had long
been used by persons with mobility limitations—with a new concrete hub and
stair system.
This design created multiple accessibility barriers that prevent or discourage
safe use by individuals with disabilities. Specifically:
· The installation of oversized concrete stairs, each with a steep rise,
eliminated what had been a naturally graded and accessible route.
There is no alternative ramp or accessible route provided from the CV
Link landing to the trailhead.
· The slope of the adjacent surfaces exceeds what is considered
usable by individuals with mobility impairments and those utilizing
mobility devices such as canes, walkers, or wheelchairs.
· The newly constructed ramp area lacks required handrails, making
it unsafe and unstable for individuals needing support or balance
assistance.
· The stairs lack high-contrast warning strips at the top and bottom,
creating tripping and fall hazards for those with visual impairments or
prosthetic limbs.
· The electrical charging port installed at the hub is positioned
beyond the safe and usable reach range for individuals seated in
wheelchairs or using mobility aids, effectively denying equal access to
this amenity.
Together, these conditions create a barrier to access at a prominent
community recreation point. The project’s design reflects a failure to integrate
accessibility into public infrastructure improvements and demonstrates
a regression from previously accessible conditions—an outcome contrary
to both the intent and spirit of accessibility law.
By replacing an accessible, gently sloped access point with large steps, the
City removed an existing accessible route, and created a barrier which
causes pain to Mr. Larson’s back and knees when trying to ingress and egress
this trail.
3. Impact on Claimant and Disabled Community
The current design excludes individuals with mobility limitations from
accessing a major regional recreation and wellness amenity. The “step barrier”
particularly burdens disabled veterans with prosthetic legs, who rely on
even terrain and stable grade transitions for safe ambulation. Abrupt vertical
rises over ½ inch and stair-only routes are impermissible as primary access
paths to public recreation facilities.
Public records confirm the City Council’s approval of the Bump & Grind
Trailhead construction contract and associated design documents (Contract
No. C46540) and subsequent change orders effectuating CV Link connections
to the trailhead. The City and CVAG proceeded with the current hub and stair
configuration despite public concerns. Local reporting (KESQ) reflects that City
and agency officials emphasized aesthetic and design considerations in
defending the oversized stair installation rather than prioritizing accessible
alternatives. This administrative decision resulted in a regression of access at
a previously passable trail entry and constitutes a failure to reasonably ensure
inclusive public access.
4. Prior Notice and Neglect by CVAG
On July 16, 2025, a prior ADA demand letter was submitted to Mr. Tom Kirk,
Executive Director of CVAG, outlining these same accessibility concerns. No
acknowledgment or corrective response has been received. Because CVAG
acted in coordination with the City of Palm Desert on this project, the City is
now jointly responsible for addressing the ongoing denial of access and
harm to disabled residents.
5. Remedy and Demand
This is an attempt to provide formal notice and an opportunity to remedy.
I demand that the City of Palm Desert:
1. Conduct a full ADA accessibility audit of the Bump and Grind
Trailhead and adjoining CV Link segment(s) throughout the City;
2. Remove or redesign the concrete step barrier and other barriers and
restore an ADA-compliant accessible route in compliance.
3. Provide compensation to Mr. Larson in the amount of $25,000 for
personal injury, pain and suffering, dignity impact, stress, and denial of
civil rights; and
4. Provide compensation in the amount of $10,000 to Mr. Larson for the
regressive nature of the decision-making by the City Council to choose
ascetics over access and/or legal compliance and,
5. Issue a written response to Mr. Larson within 45 days of receipt.
If the City fails to respond within the statutory period, this claim will be deemed
rejected by operation of law, and I will proceed to pursue all remedies
available in state and federal court for violations of the ADA, CDPA and
Unruh Civil Rights Act.
6. Verification
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct to the best of my knowledge.
Executed this 11/10/25 at Palm Desert, California.
Signature: Burke Larson
Printed Name: Burke Larson
From:Tim Varon
To:Damian Olivares
Cc:Andrea Staehle; Amber Molina
Subject:CJP-3054901, Palm Desert, CVAG (Burke Larson)
Date:Monday, October 13, 2025 9:56:28 AM
Hi Damian,
This claim is insufficient. We do not anticipate the Claimant (Burke Larson) continuing to
pursue this matter. As such, I will be making my file inactive. If/when you receive anything
further regarding this matter, please forward it into me for additional processing.
Have a great day!
Tim
Tim Varon
Claims Supervisor
TVaron@carlwarren.comTel: (657) 622-4287 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296www.carlwarren.com
PO Box 2411, Tustin, California, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (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
have received this email 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, email, 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 email. It is your responsibility to
check this email (including any attachments) for viruses.
1
Damian Olivares
Subject:RE: CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert - FW: Claim Assistance
From: Andrea Staehle <astaehle@palmdesert.gov>
Sent: Tuesday, September 16, 2025 3:46 PM
To: Tim Varon <TVaron@carlwarren.com>
Cc: Damian Olivares <dolivares@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>
Subject: RE: CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert - FW: Claim Assistance
CVAG agreement attached! We are now looking for our agreement with the construction company
in case that is helpful…
Andrea Staehle
Human Resources Director
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
astaehle@palmdesert.gov | 760.776.6337 | www.palmdesert.gov
From: Tim Varon <TVaron@carlwarren.com>
Sent: Tuesday, September 16, 2025 3:05 PM
To: Andrea Staehle <astaehle@palmdesert.gov>
Cc: Damian Olivares <dolivares@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>
Subject: RE: CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert - FW: Claim Assistance
Thank you for the update Andrea I’ll sit tight until you’re able to locate it (Also, I’ve requested a copy of the agreement from CVAG as well, so if they’re able to provide it before you’re able to locate it I will let you know ) Have a great day! Tim Tim Varon Claims
CGBANNERINDICATOR
Thank you for the update Andrea
I’ll sit tight until you’re able to locate it (Also, I’ve requested a copy of the agreement from CVAG
as well, so if they’re able to provide it before you’re able to locate it I will let you know )
Have a great day!
Tim
Tim Varon
Claims Supervisor
TVaron@carlwarren.com
Tel: (657) 622-4287 | Fax: (866) 254-4423
Carl Warren & Company LLC | A Venbrook Company
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, California, 92781
2
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (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 email 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, email, 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 email It is your responsibility to check this email (including any
attachments) for viruses
From: Andrea Staehle <astaehle@palmdesert.gov>
Sent: Tuesday, September 16, 2025 3:03 PM
To: Tim Varon <TVaron@carlwarren.com>
Cc: Damian Olivares <dolivares@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>
Subject: RE: CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert - FW: Claim Assistance
Hi Tim,
We still are unable to find it I am going to ask Isra if she can request it from CVAG
Thanks,
Andrea
Andrea Staehle
Human Resources Director
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
astaehle@palmdesert.gov | 760.776.6337 | www.palmdesert.gov
From:Tim Varon
To:Andrea Staehle
Cc:Damian Olivares; Amber Molina
Subject:FW: CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert - FW: Claim Assistance
Date:Tuesday, September 16, 2025 3:02:02 PM
Attachments:civicacademyemailbanner-fall2025_4177d412-0900-4d89-bc0e-38036d873406.png
image001.png
image002.png
image003.png
image004.png
CVAG - Tender Letter to City of Palm Desert re Larson Demand-c1.pdf
Demand Letter-c1.pdf
Hi Andrea,
I’m just following up to see if you’ve been able to locate the agreement with CVAG for our
review to determine if Palm Desert owes CVAG indemnification. If/when you are able to locate
it, please forward it over to me for our review.
Have a great day!
Tim
Tim Varon
Claims Supervisor
TVaron@carlwarren.comTel: (657) 622-4287 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296www.carlwarren.com
PO Box 2411, Tustin, California, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (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
have received this email 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, email, 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 email. It is your responsibility to
check this email (including any attachments) for viruses.
From: Tim Varon <tvaron@carlwarren.com>
Sent: Friday, September 12, 2025 9:56 AM
To: Megan Williams <mwilliams@carlwarren.com>
Subject: CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert - FW: Claim Assistance
Hi Megan,
Please open files for both CVAG with “Burke Larson” as the Claimant and a file with Palm
Desert with “CVAG” as the Claimant for this attached claim.
Tim
Tim Varon
Claims Supervisor
TVaron@carlwarren.com
Tel: (657) 622-4287 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, California, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
From: Toni Consolo
Sent: Thursday, September 11, 2025 6:12 PM
To: Andrea Staehle
Cc: Amber Molina ; Tim Varon ; Chris Kustra
Subject: FW: Claim Assistance
Hi, Andrea.
If there is an agreement between the City and CVAG related to this project, that agreement
should be reviewed to determine if it requires the City to defend, indemnify, and hold harmless
CVAG for claims arising from the City's actions or inactions related to the project, which may
trigger a duty to defend or possibly reimburse CVAG’s legal costs. Possibly a Cooperative
Agreement from September 2019?
Given that the demand includes damages, it is prudent to file a liability claim. Carl Warren will
assess whether the damages fall within the scope of coverage, even if injunctive relief is
excluded, and potentially initiate a defense. Their input will be helpful in determining how to
proceed with CVAG’s indemnification request. The attachments and the agreement, if there is
one, should be forwarded to Carl Warren with the claim. To that end, I’ve copied Carl Warren in
this email to bring them in the loop on this matter.
Please do not hesitate to contact us if you have any questions.
Thank you,
Toni
Toni Consolo, ARM
Senior Risk Manager
California Joint Powers Insurance
Authority
8081 Moody Street, La Palma, CA
90623
t 562.455.5024
tconsolo@cjpia.org
cjpia.org
From: Andrea Staehle <astaehle@palmdesert.gov>
Sent: Thursday, September 11, 2025 8:34 AM
To: Toni Consolo <tconsolo@cjpia.org>
Cc: Amber Molina <amolina@palmdesert.gov>
Subject: Claim Assistance
*CAUTION: External Sender. Do not click links or open attachments unless you recognize the
sender and know the content is safe.*
Hi Toni,
Me again!
Can you take a look at the attached letters (ADA claim and from CVAG) and provide guidance
and next steps? It looks like CVAG is being asked to be indemnified on the ADA claim at the
Bump and Grind (trail in Palm Desert).
Thanks,
Andrea
Andrea Staehle
Human Resources Director
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
astaehle@palmdesert.gov | 760.776.6337 |
www.palmdesert.gov
Civic Academy Email Banner - Fall 2025.png
65285.00001\44152656.1
Nicholaus Norvell
Partner
(619) 525-1380
nicholaus.norvell@bbklaw.com
Best Best & Krieger LLP | 655 West Broadway, Suite 1500, San Diego, California 92101
Phone: (619) 525-1300 | Fax: (619) 233-6118 | bbklaw.com
September 5, 2025
Isra Shah
City Attorney
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Re: Burke Larson Demand Letter
Dear Ms. Shah:
Our office serves as General Counsel for the Coachella Valley Association of Governments
(“CVAG”). CVAG has received a demand letter (“Demand Letter”) from Burke Larson relating
to construction and operation of the CV Link Multi-Use Path On-Street Project in the City of Palm
Desert (“Project”) where it intersects with the Bump and Grind Trail.
Specifically, the Demand Letter alleges that the Project improvements operated and
maintained by the City of Palm Desert and constructed under an agreement entered into by the
City of Palm Desert violate the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; Section
504 of the Rehabilitation Act of 1973; California Disabled Persons Act, Cal. Civ. Code § 54 et
seq.; Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq.; California Government Code § 4450;
and Title 24 of the California Building Code.
Section 8 of the Cooperative Agreement dated September 30, 2019 by and between CVAG
and the City of Palm Desert for the Project (“Agreement”) expressly recognizes that the Agreement
is for funding purposes only and nothing in the Agreement shall be construed so as to constitute
CVAG as a party to the construction or ownership or partner or joint venturer with the City as to
the Project. Further, pursuant to Section 8, the City of Palm Desert agreed to defend, indemnify,
and hold harmless CVAG from and against all actions, damages, claims, losses and expenses of
every type resulting from the actions or inactions of the City of Palm Desert related to the Project,
expressly including actions or inactions taken in performance of the Agreement or any agreement
entered into by the City with reference to the Project.
Accordingly, by this letter, CVAG is tendering the defense and indemnity of the Demand
Letter and potential related actions to the City of Palm Desert and demanding that the City of Palm
Desert defend, indemnify, and hold harmless CVAG.
Please acknowledge in writing whether the City of Palm Desert will accept CVAG’s tender
and provide the name and contact information of counsel who will be handling this matter.
65285.00001\44152656.1
Isra Shah
September 5, 2025
Page 2
Best Best & Krieger LLP
CVAG stands ready to cooperate with any defense or similar actions related to the Demand
Letter or related claims or litigation.
Sincerel y,
Nicholaus Norvell
of BEST BEST & KRIEGER LLP
NN:nn
Attachment
Copy to: Tom Kirk, CVAG Executive Director
Chris Escobedo, Palm Desert City Manager
From:Damian Olivares
To:Isra Shah; Chris Escobedo
Cc:Richard Cannone; Anthony Mejia
Subject:Burke Larson Demand Letter for Isra Shah
Date:Thursday, September 11, 2025 1:10:00 PM
Attachments:Burke Larson Demand Letter for Isra Shah.pdf
Good afternoon –
Please see attached BBK Demand Letter addressed to Isra Shah regarding CVAG and
CVLink.
Thanks,