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Home My WebLink AboutClaim 744 - D.Fort � CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#744� BY DONNA FORT IN AN UNSPECIFIED AMOUNT SUBMITTED BY: Rachelle Klassen, City Clerk DATE: June 12, 2014 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 744 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. Submitted by: pproved: RA HELLE D. K SSE , MMC OHN M. W LMUTH CITY CLERK ITY MANAGER rdk Attachments (as noted) CITYCOUNCII.A N APPROVED DFNiED RECEIVED OTHER MEETING DA ' Z�� AYES. NOES: ABSENT: 1J'� - ABSTAIN: VF.RtFIED BY• QD{=r YIYY� Original an File with City Clerk's Office � , -. C�� pA��IERK SfOFFiCE M DESERT. CA CARL WARRF.N 8� COMPANY ��air7�s Management an� Seiuti.;ns 20�{ MA1' I9 pM�; cJs May 12, 2014 TO: City of Palm Desert ATTENTION: Rachelle D. Klassen, MMC, City Clerk RE: Claim : Fort v. Palm Desert Claimant : Donna Fort Member : City of Pa1m Desert Date Rec'd by Mbr : 5/9/14 Date of Event : 1/29/14 C W l��ile NLimber : 18859$1 I'lease allow this cc�rrespondence to acknawledge receipt of the captioned claim. Please take the folic�wing action: • CLAIM REJECTION: Send a standard rejection letter to the claimant's attorney, Stephen L. Cooper, Esq. Please include a Proof of Mailing with your rejection notice to the claimant. An exernplar copy 01�a Proof'of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned supervisor. Very truly yours CARL WARREN& COMPANY �;cha rd ]�. Ma rc�u.e Richard D. Marque Supervisor COPYTO_��• �r'�..�� _ �---�--.`'�'' � AN EMPLOYEE-OWNED COMPANY ��"E=`� �9-�`�_�______.. 770 S. Piacentia Avenue i Placentia, CA 92870 � P. O. Box 25180 i Santa Ana, CA 92799-5180 www.carlwarren.com i Te1: 714-572-5200 i 800-572-6900 i Fax: 866-254-4423 CA License No.2607296 � CI � Y 0 � P � M DE � E � T 7 i 5 �� 1�NIiU WAItWG U�aiv�; 1'n�.M U�:tirie•r, (:ni.rn�>iwin ��:�G�>--�5�8 THL: �E)O 346—o6i i i n(ohrci tyufpai milisen.nr}, TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF BUILDING & SAFETY, RISK MANAGER FROM: CITY CLERK DATE: MAY 9, 2014 SUBJECT: CLAIM NO. 744 - CLAIM AGAINST THE CITY BY DONNA FORT IN AN UNSPECIFIED AMOUNT The attached Claim No. 744 is being transmitted to you for the foilowing: ❑ Information oniy. 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 June 9,20'14,for timely response to the Claimant. Note: If you have any information that would help in the processing and adjudication of this Claim, please forward it to me so that I coutd transmit to the City's third-party claims adjusters, Carl Warren & Company. r,�� i ;'-i- 4� � � � � � t ��., � �.,��b� �� G � t� �� '; ;;��'� t; f "°-.� x RACHELLE D. KLASSEN, MMC CITY CLERK Attachments (as noted) ,. tYIN�l00Ntl1lv(�(U/AI�R . , �.� , � r.. t7 M� '�-1 �"-��-� CITY OF PALM DESERT � �'-� � � � =� =�r�, � m�rn BUILDING & SAFETY DEPARTMENT � ��c --� �'' • op INTEROFFICE MEMORANDUM !'� c��; N �n k0 � To: Rachelle Klassen, City Clerk From: Russell A. Grance, Director of Building and Safety Date: May 12, 2014 Subject: Claim No. 744 — Claim against the City by Donna Fort in an unspecified amount. I performed a site inspection on May 12, 2014 at World's Gym located at 72-840 HWY 111, Westfield Mall. The raised area (see attached photos) referenced in the claim is an electrical curb (raceway) constructed to house the electrical circuits providing power to all the treadmills. This installation does not violate the building code. The installation of the electrical chase curbs still provides an accessible path of travel for circulation purposes throughout the facility. Therefore it is my recommendation that the claim be denied. Should you have any questions please feel free to give me a call. . ' , � CiTY OF PALM DESERT �2EC�IVED ASSIGNED CLAIM N0.�� CLAIM AGAINST THE CITY OF PALM DESEI2T��Y '��S OffIGE PAIM DES�RT. CA (For Damage(s) to Person(s) or Personal Property) �B�R MAY �9 AM 9� 4 I Received by: -� A//t� �t/F��; via: U.S. Mail Interoffice Mail Over-the-Counter ,t�-�'"�� A CLAIM MUST BE FILED WITH THE CITY CLERK OF THE CITY OF PALM DESERT WITHIN SIX MONTHS AFTER WHICH THE INCIDENT OR EYENT OCCURRED. BE SURE YOUR CLAIM I5 AGAIMST THE CI'fY OF PALM DESERT, NOT ANOTHER Pl3BLIC ENTI1'Y. WHERE SPACE IS INSUFFICIENT, PLEASE USE ADDITI�UNAL PAPER AND IDENTIFY IIVFORMA7I4N BY PARAGRAPH NUMBER. C�MPLE'TED CLAIMS MUST BE MAILED OR DELIVERED TO THE CITY CLERK, CITY OF PALM_DESERT, 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260. T(j THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California: The undersigned respectfully submit(s) the following claim and information relative to damage(s) to person(s)and/or personal property: 1. CLAIMANT INFORMATION: NAME,,,,Dp/V/l� ,�1 �� ADDRESS _r. PHOPJE NO. (��) DATE OF �i.IRTH: ' �� SOCIAL SECURITY NO. - � - DRIVER'S LICENSE NO. 2. Name, telephone number and past office address to which claimant desires notices to be sent, if ather than above: .-S"�"� ' �l � . 1'(� .� �a�z.�n� ,ti1 �-c`l2-- ;76r�- �Z7� -s!�1'7 3. Occurrence or event from which the claim arises: a. DATE: �___''��- f� b. TIME: •2a�/�, c. PLACE (exact and specific location�- . � r -?�s�a {lw «< ��.,�7�t� c.�J r='_s7"1=l�L- /^��1 L d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or ommission you claim caus d the injur r�or dama e. �(Use additional paper if necessary.) Lx�r�u I FF' �c�rvN /2� �llt � � — N e4� 1 �iFl=�c,A�...; '�'.n .s�� -t �✓ � e. What particular aetion by the City, or its employees, caused the a!leged da�age or in' ry? f.= e Ty. � tr �..� 1a�'�( i4J2 � ��i/SLzd��' G � ) NNXI � �2 l Ql"� /�,�,1� Page 1 of 2 € � , i 4. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of pres ntati n of th claim. f there were no injuries, state "no injuries": ��nnQ, �p�- �p�.�o(1�-��ius�-', 5. Give the name(s) of the City employee(s) causing the damage or injury: �i?�i'1ot,�� 6. Name and address of any other person(s) injured: �� /1D �e•J� 7. Name and address of the owner of any damaged property: /Y � 8. Damages claimed: a. Amount claimed as of this date: $ t7L�"2 �Sb,bo� b. Estirnated amount of future costs: $ ,n�,r,� ,-� 7- N�,g �- c. Tota1 amount claimed; $...Z'� k E�..t �" .,�s'a aG0 d. Basis for comput tion of amounts claimed include copies af al! bills, invoices, est��tes, etc.): r3n �2^i S +� S£.V�Y1.�'' IN..7 6t('y "Tjj f,!�.- r w� 1 � c. s r F NEr2 t1FF, 9. Names and addre�,ysse "�of�al witnesses, hospitats, d ctors, etc.: �1 S .n�i p"��C.�X �+'t'S� n Yh'1 G i�r��c. - s".3 /'`. +9 /r"' o ZZ7 c .�,. - .� S-i-. .S L w► s 11 , 10. Any additionai inform�{t"on, includi�g police reports, which might be heipful in considering this claim: /CJ C� ot1� VUARNING:IT LS A CRIMINAL OFFENSE TO FILE A FALSE CLAiM! (PENAL CODE 72; INSURANCE CODE 556.1). I have read the matters and statements made in the above claim, and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to b� true. I cer#ify under penalty of perjury that the foregoing is TRUE AND CORRECT. , �� w_ � Si ed this'�_day of ,� �.ti.; ,20�, at _;��1�.. ,��`;'�_�;�.� , � � _ , , ._ t �.�.��l��._ . %��--��,�� IGNATURE OF CLAIMAINT SIGNATURE OF CLAIMANT Office of the City Clerk, Palm Desert, California DOC. NO.-'�� DATE FILED��t.�- � Page 2 of 2