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Item 6 - Rejection of Claim for Damanges Edmund Carboneau AGENDA REPORT SUMMARY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana~ INITIATED BY: Warren H. Shafer, Director of Ad Se~ices~-~ Douglas A. Milton, General Services Manager~"~,,_~ DATE: September 14, 1999 SUBJECT: Rejection of Claim for Damages - Edmund Carboneau ABSTRACT A claim for damaG :1 from Mr. Edmund Carboneau of Poway on August 11, 1999. The claim alleges that a wooden fence erected at the Poinsettia Senior Mobilehome Park is a fire hazard and should be removed. The total amount of th known at this time. It is :led that the City Council reject this claim. ENVIRC [W This item is not subject to CEQA review. FIS Unknown. ADDITIO None. RI It' :led that the City Council reject this claim. ACTION SEP 14 1999 ITEM 1 of 6 CITY OF POWAY AGENDA I-q I-'O If you TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana~IZ INITIATED BY: Warren H. Shafer, Director of Administrative S~/~ices~-.._~~ Douglas A. Milton, General Services Manager,~/_~ DATE: September 14, 1999 SUBJECT: R ' f Claim for Damages - Edmund Carboneau BACKGROUND A claim for dama~ :1 from Mr. Edmund Carboneau of Poway on August 11, 1999. The total amount of th Known at this time. It' :led that the City Council reject this claim. FINDINGS Mr. C :ates that a wooden fence installed by the Assistant Park Manager at the Poinsettia Senior Mobilehome Park is a fire hazard and should be removed. ENVlRONMEN This item is not subject to CEQA review. FISCAL IMPACT Unknown. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. SEP 1 ~_ 1999 ITEM 2of6 R ' ! Claim - Edmunc Carboneau September 14, 1999 Page 2 RECOMMENDATION It' :led that the City Council reject this claim. Attachment: Claim for Damages - Edmund Carboneau SEP 1 ~ 1999 I1~..~ 6 3 of 6 RECEIVED CitF Of Powa]/ AUG 1 1 1999 CLAIM AGAINST'I'HE CITY OF POWAY CITY OF POWAY Received by via - U.S. Mail Inter-Office Mail Over the Counter ~",~ ( ~ '~ ~'~ -~0 A claim must be filed with the City Clerk or Risk. Manager of the City of Poway within 6 months after which the incident or event occurred. Be sure ;y 3ainst the City of Poway, not another public entity. Where space is insufficient, please use additional paper and identity ' by paragraph number. Completed claims must be mailed or delivered to The City of Poway, 13325 Civic Center Drive,Poway, CA. 92064 ( P.O. Box 789 ). Attn: Risk Manager TO THE HONORABLE MAYOR AND CITY COUNCIL, THE CITY OFPOWA~ CALIFORNIA The undersigned respectfully submits the following claim and ' · relative to damage to persons and/or personal property: 1. Name of claimant EpJ~V~ ~ ~I a. Address of claimant IN · ~1~. ~ b. Phone Nt~'lf) 7~i¥,i~Jjl~ ~1 . Date of birth ~ d. Social Security No. e. Ddver's Lic. No. ~'~ 2. Name, telephone and post office address to which claimant ¢ to be sent if other than above: 3. C ~ from which th a. Date~e J~ ' ~rb. Time c. Place ( exact and specific location) d. How and under wh did da. mage or injury occur? Specify the particular event, act you :1 the injury or damage (use additional paper if necessary ). e. What I: by the City, or its employees, caused the alleged damage or injury? 4 o SEP 1999 ITEM 4. Give a description of th.e !njury. property damage or loss, so far as is known at the time of this claim. "No Injuries." 5.4~Y~-~°Give name(s) of the City employee(s)~l~ ~causing~ the~ ~,,- ,~ll~ 'damage or injury:w ~.~,~' 6. Name and address of ~my other I: ..-.~: 7. Name and address of th ~ any damaged property: a. mount claimed as of this date b. ~timated amount oft ~O~I~I~~ ~ d. asis for computation of amounts claimed include copies of ,.. =~ tc): 9. Names and addresses of all witnesses, hospitals, doctors, etc. b. C. d. 10. Any additional information that might be helpful in considering this claim: WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIMI (Penal Code §72; Code § 556.1 ) Je in the above claim and I knc lc ;~e, penalty of perjury TR~E and CORRECT. -- , ,3,, "~CTairnant's ~ignat'~ O/'~ce of ~e City Clerk ,_ .~CUM~NT NO. FILED 0£6 ED CARBON'EAU (. 14073~ A~n.e 619-74~1170 11 August 1999 Poway, CA 92064 .. City of Poway Poway Agency via: City Clerk 13325 Civic Center Drive Poway, 92064 ,~ , NOTICE OF INTENT TO SUE On 20 July 1999, at the City ' ~ , I to the of the Mayor and Council members, (The~e five .... serve in a as of the Poway Agency) the fact that there exists a fire nd life hazard at the Mobile Home Park, Senior side, n that Park. Bobbi James b~s a woo en fence nine feet tall at her 13 47 Drive. This is a o'f Senior Mobile Park rule 6.7 which fences 42 inches in height. These fences must b~ of chain link The Park fence is of wood, a highly ' The Park is also not in ' with Civil Code 798.23 which requires that Mobile Park are subject to and shall comply with all park rules to the same extent as park Staff was to look into the matter. Mayor not with the fire and life safety hazard, that I th~ matter with the on 22 1999. Two were ' to the Fire Branch last month. There has been no reply from them. a letter from a Warren Shafer . y that the wooden fence was a trellis and that was not for its' (I am unaware of any fire service claimed by Mr. Shafer which his I am of any legal or that q. him to make that ) You are hereby given NOTICE of my intent to s~e in the amount of Fifty ($50.00) for each day that the illegal fence remains at 13647 Drive. this dat ly, ~ SEP 1999 ITEM 6 of 6