HomeMy WebLinkAboutClaim #669 - S.A. Myers CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: CLAIM AGAINST THE CITY (#669) BY STEPHANIE A. MYERS IN THE
AMOUNT OF $13,751
SUBMITTED BY: Rachelle Klassen, City Clerk
DATE: October 14, 2010
CONTENTS: • Staff Report
• Recommendations of Claims Adjusters and Staff
• Claim No. 669
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: Approved:
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Rache le D. Klassen, C , City Clerk ohn M. Wohlmuth, City Manager
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CITY COUNCILACTION
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20i� SEP 24 AP� I i� 02
September 21, 2010
TO: The Gity of Palm Desert
ATTENTION: Rachelle D.Klassen, C ity Clerk
�E: Claim . Myers vs. The City of Palm Desert
Claimant : Stephanie A. Myers
D/Event : 1/28/2010
Rec'd Y/Office : 8/2/2010
Our File : 5-1532617-PMQ
We have received and reviewed the above claim and request that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
If the claimant is represented send the notice to
the attorney of record.
Please provide us with a copy of the notice sent, as requested above. I f you have any questions please
contact the undersig ned.
Very truly yours,
CA� REN & COM Y
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Richard . M arque �JG//
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WAl��REN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS „ � �
770 Placencia Avenue,Placentia,CA 92870-6832 U d F�Y TO '/�' �� t'"�� �
Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 ��- _ � �-,���'�I � /���1�
Phone:(714)572-5200 •($00)572-6900•Faac:(714)961-8131
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PALM DEtikiR"f, CALiFORNIA c�22fi0-257$
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TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER; CITY ATTORNEY,
DIRECTOR OF COMMUNITY DEVELOPMENT, SENIOR CODE
COMPLIANCE OFFICER, RISK MANAGER
FROM: CITY CLERK
DATE: AUGUST 2, 2010
SUBJECT: CLAIM N0: 669 - CLAIM AGAINST THE CITY BY STEPHANIE A. MYERS
IN THE AMOUNT OF $13,751
The attached Claim No. F�69 is being transmitted to you for the fotlowing:
❑ Information only.
or
� 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 2, 2010,for timely response
to the Claimant.
Note: If there is a current project or contract that may be referenced in this matter, please
let me know or provide me with the appropriate materials.
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RACHELLE D. KLASSEN, CMC � �''
CITY CLERK
Attachment (as noted)
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CITY t;F i'r^,L.i;i L;i=,�I�T
_�SSIGNEt.J�I�IM fJU.:S��"__t�'
P.O. Box 1817
Palm Desert, CA 92261
July 30, 2010
Code Enforcement/City Clerk �,
City of Palm Desert, City Clerk J, -c�.:.�
73-510 Fred Waring Drive � :;-'=
Palm Desert, CA 92261 � ��:��'?�rY�;
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RE: Home Invasion/Inspection/abatement January 28, 2010 to February 2. 2010 � «"r;��
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TO WHOM IT MAY CONCERN: � �--''„
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Attached to this letter is a list of the damages caused by the city. Additionaily, there is a co � m
py of the
previous communication handed to the code enforcement officials for personal delivery to the
attomeys of record.
The invasion and personal restraint, together with the abusive, threatening, taunting, angry,
indifferent and punishing attitude of the code officials caused extreme stress for someone who had
been bedridden for five days with heart problems. Following this the medical problems caused were
so strong that I have not recovered to date and i fear it is permanent.
The notice given to me was effectively less than 24 hours. The inspection was no where to be seen.
From the moment they entered they went for my personal properry and if my Honda Mower had not
been cable locked they would have taken that first.You brought thieves to my home who looked for
opportunities to steal inappropriate items. Your police accoutrement laughed and joked about the
thefts with the remark"alleged".
Your previous indication to me was that you didn't want to see anything from the front of the
building, That was accomplished. That indication was effectively changed to over the walls of the
neighbors without noticing me, indicating neighbors that had vacated the property.Your reasoning
was a stretch at best. 1 have done everything my neighbors asked me to do.
Unfortunately, because of the way the persons hired were arranging my garage,kitchen and patio,
they had placed items on top of the watering system, making it impossible to attend the grass or the
trees adequately. Despite constant requests to change this, nothing was done, only more thefts.
Then you decide to invade my property.
Your officials were dreadfully lax in education for the judgments and viability of items they were
making-and did so with great `fanfare'...as in 'I'm making the determination'... when talking about
equipment that was designed for twenty year life that was partially disassembled�for movement.
Your officials took the parts the first day so that it could no longer be assembled, while threatening
me and advising me 'not to touch' what I wanted to keep.
I was given no legal description of the applicable codes relating to what was being enforced. The
surprise being that code officials had the right to make determinations about private property, while
having no skills to do so. Incredibly, when asked for extra time due to the limitations of money,
physical limitations and workers, it was denied.
In as much as you were well aware of my physical problems some notice was due to avert problems
and effects. Instead, you not only noticed me in silence without even knocking on the door, or
attempting a call, but invaded saying you would use discretion and inviting me to observe.
Attempting to do so, I was blocked by the police who stopped my wheelchair.
Your officials cailed a Christmas tree dilapidated because of`one inch' of rust on the column. And,
when I replied that that was nothing I was not accustomed to cleaning as a professionai metals
cleaner, I was responded to as 'well, you're just everything, aren't you'. Adding to that the official
held the wire ends that were ripped apart by the gardeners to say it was broken. When I asked if he
had ever heard of splicing, that I spent 35 years in the electricai business, I was again met with
'well, you just know everything don't you'. As to the va�ue of$400.00 that I repeated many times,
his response was that it was dilapidated, and of no value,which was the same excuse given for
taking my full metal swing, which had the seat dropped to move it. He pointed to rust at the foot of
the swing, which did not affect its viability. Upon their return, another o�cial asked me if�wanted
the swing frame, and I had to reply that he had already taken the seating previously. They were
certainly at odds as to what to do, and made no attempt to carry out anything accurately.
To say that one hand didn't know what the other was doing was far too light a description for the
inept attitude and performance viewed in the invasion and theft.Additionally, remarking that
directions on my property were taken from bank officials who were in the process of evicting me, as
in 'they wanted...'. Exactly where is that in the code enforcement documents of the city.
Your people were woefulty lax in observations of the thievery, and tried to condone the thefts calling
out my property as belonging to the gardeners that were hired. Given my 40 years experience with
this type of person and the fact that I speak fluent Spanish I am well aware of what and who they
were. I am beyond certain that all the equipment, furniture and other items were downloaded in their
homes or with their friends.
�t was painfully obvious that they were chosen as a boon to persons familiar to the code officials.
The entire theft was enjoyed as a free license to steal as they could barely contain their laughter.
They even carried off tools into their private truck, laughing, within the full view of the code officials
and the police.
In as much as they are equally responsible for the thefts. I request their address for formal notice of
intent to sue.
I was and am horrified by your actions. Steating my maintenance supplies for the garden,
fertilizers, tools-even a new manure spreader, while leaving the manure.
It was bad enough to have been taken by all the workers I hired to help me with the organization of
my property, without then being invaded without appreciable notice. I lost about$50,000 in thefts
as a result of attempting to get the organization done. And, then, to be invaded by a group of
thieves and ignorant persons was trufy the last straw adding another$75,000 to the overall
damages. And, I view it as unconscionable for anyone fully advised of the physical limitations of
another to then cause deliberate damage and physical stress without any consideration of those
facts. Yau were well advised that I could not do anything and that I needed to hire people to do the
work as well as being on restricted income without the ability to work
You even stole the chicken wire, and materials to fix my window. In short, you paid these peopte to
take everything without regard to what it was.
Worse,the pseudo legality of the documents, prepared by the offices of the ciiy, and not the
attorneys as indicated was truly malfeasance in an extreme.
I would appreciate your ceasing of the notices. i will not be cutting every week, but only as my
budget allows. Currently, I have a huge mess with the watering system due to another helper.
Sincerelyt l .
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�`�5tep nie A. Myers �
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SAM:sm
Encl: letter 9/2/09. Damage list
September 2, 2009
David J. Erwin
I3F;S'I',BL?S'T& KRI:IGER 1.I.P
74-760 Highway 111,Suite 200
indian Wells,Ca. 92210
Dear Mr. I;rwin:
I have explained my situation to Mr.TehrEer at the code compliance office many times.
I Iowever,I will reiterate the circumstances here again for the record.
1. In 2006 I was beset with pneumonia for four months. -As I was coming out of that I
was involved in a car accident,which reduced my capacity to 30%physically,and kept
me bed bound for nearly 2 years. As I was improving I had a heart attack,and had to
undergo surgery to remove a clot. Again, I was reduced to being bed bound.
2. During these tunes of recuperation, I had two homes. One was being rented and the
other not. The other was foreclosed upon,and the tenants stole everything in the
house. Approxunately$ 15,000. The police did nothing even when I located my
property.
3. As the first accident required my having someone to help me at home. I made a deal
with individuals to assist in return for housing. My intention being to improve my home
and sell it before it was foreclosed upon. Again,the individuals stole approximately$
20,000,when I went to the hospital4 times. I filed complaints against them and again
the police did nothing. Both assistants stole all of my gardening equipment
4. Other than being victimized by the police, the code enforcement has been quite helpful.
However, I am still unable ta even take out my garbage. I have been limited by physical
abiliry of my sole assistant at the time these last two month,who is my son,and has
been ill as well on many occasions. The waste company refused me service to pick up
until I paid their bill down substaritially. 'I'his I cvill do this week so that I may resume
eliminating from my yard.
5. It happens that I am currendy renting to a property manager who has finally begun to
assist me in a meaningful manner. In two weeks, I have fixed the sprinkling system,
which was broken in no less than9 places due to the behavior of the previous assistants.
"I'hat enables me to continue to improve the yard.The window will be finished in the
nest week.
6. It happens that persons angered at the assistant I had, and were trying to break in and
steal what they could of his broke both the front window and the side access door.
7. I have been unable to do anything physically. I have been living on 1,115.00 per month,
which is gone the first week as I am fi�rced to pay off the excessivc bills run up t�y my
assistants who ran the f acuz•r.i twice a day and heated it electrically twice per day,leaving
mc with about�2,100.00 in additional bills to pay.
8. In response to your offer to do the work, the house is in foreclosure. And, they will do
anything necessary. I am,nonetheless,working on it daily. As I have recently rented a
room, I will be able to do more by replacing my garderung equipmcnt. I would certainly
never seek a remedy such as you propose,which is hugely inflated to begin with, And. I
understand that you need to do so. I tried to do the city improvement,but they required
my having the mortgage paid up. "I'he tent I have as an outside room lost its roof in one
of our storms,which is why it looks so terrible. I am told that I can seek replacement
where I purchased it. I will be doing that, and together with some further assistance by
the individuals helping in the last two weeks,we will accomplish the necessary.
'I'hank you for your offer of assistance. However, I am not able to handle any more stress at this
time. We are accomplishing the necessary, but have been prevented by the above circumstances.
As regards my pexsonal situation, I have left ventricle fibrillation,compressed discs,bursiris and
arthritis. I am not normally uncooperative. But,in this instance,I have been disabled by the
circumstances,and not a little by the lack of action by the police.
I do, nonetheless, apologize for the tardiness of my accomplishment of the required tasks.
Respectfully submitted:
Stephanie A. Myers
Palm Desert,CA 92260
Damages by City of Palm Desert
Family Documents, historical, Myers Electric Prods priceless
Vermillion Bed, frame, Tables 6800 2000
WeedCloth 56 56
Chicken Wire 25 26
Cement tile retainer 36 25
Redwppd 2X4's 1100 500
Fibreglass Sheet 10 @ 27.00 270 270
Galvaniaed Tent Poles and feet. 20 X 30 250 200
Lighted Christmas Tree 400 400
Garden Tubing 10 10
Pvc Cutter 18 18
Green House, 1,500 less Reassembly 1500 1000
partial hose for pond 25 25
Tropitone Furniture, 2250 less rework 750 2250 1500
Antique Side Chair Diminishing set 1000 800
Outdoor room frame, threw away leg, disassem. 400 225 7055
Barbeque Propane Tank 45 40
Outdor Waste Containers 5� 20
Collapsible container 20 10
Antique Neon Sign with Clock less repair 1000 850
Home Gym 260 260
Long Handle Axe 45 45
Railroad Ties for Landscaping 60 60
PVC 1/2", Mounting Mdwre 100 100
Pool Pump, new 900 900
Pool Sand Filter, new 2500 2500
Pool Fitter Basket, new 35 35
Ladder welded 100 100
Gator Ladder, adjustable 250 250
Rainbow WaterVacumn Elec. Hose & Water tank 400 150
Bucket containing 6 Miyaki Plates 136 136
Garden water tubing 10 10
Cans and containers, 6 120 5586
Manure Spreader, new 45 45
Swing Shade top, new 120 100
propane table top cooker 45 35
Attic air vent rectangular 15 15
Jacuzzi door hacked to pieces 50 50
Shovels, two, round and square 50 50
Metal Auto ramps for maintenance 150 100
Bedroom Valence 200 100
Elec. Weed Wacker Battery Chgr & Battery 35 35
Queen Sized Foam Mattress Rotled & Bungied 600 300
Steamer accessories, hose, nozz�es, brushes 80 80
Gas works for Kitchen Aid Table Top range 200 200 1110
To be ammended as necessary 13751
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