Item 13 - Denial of Claim
~
AGE:'oIDA REPORT Snl~l\RY_
TO:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Mana~ ~
John D. Fitch, Assistant City ManagerL:'
Peggy A. Stewart, Director of Administrative Serv;c~~
Douglas A. Milton, General Services Manage~ ~ L~-
June 4, 1996
FROM:
INITIATED BY:
DATE:
SUBJECf:
Denial of Claim -- Ryan Field
Denial of Claim -- Debbie Britt-Hay and Mark Hay
ABSTRACf
1. Mr. Ryan Field presented a claim for damages to the City on June 8, 1995. The
claim was for injuries allegedly received when he fell from a park bench at
Community Park. It is recommended that this claim be denied.
2. In a claim for damages received on May 3, 1996, Debbie Britt-Hay and Mark Hay
state that they suffered financial loss as a result of misrepresentations made by
the City regarding land zoning. The amount of the claim is $350,000. It is
recommended that this claim be denied.
ENVIRONMENTAL REVIEW
Environmental review is not required for this agenda item in accordance with CEQA
guidelines.
FISCAL IMPACf
Unknown
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the City Council deny these claims.
ACTION
nm=
1 of 8
JUN 4 1996
3
.~ AGENDA REPORT
CITY OF POW A Y
This rep::lrt IS mciuded on the Consent Calendar. There will be no separate discussion d the report pr:or '_0 approval by the
City CounCli unless members of the (ound. st3ff or publiC request It to be removed from the Consent Calendar and
discussed separatelv. If YOLi wish to have this report pulled for discussion. please rill out a slip Indicating the report number
and give It to the City Clerk prior to the beginning of the City CounCil meeting
.~~
TO:
FROM:
INITIATED BY:
Honorable Mayor and Members of the City Council
James L, Bowersox, City Mana~ ~
John D. Fitch, Ass i stant City Manager~ . .
Peggy A. Stewart, Director of Administrativiti1rvice~?i
Douglas A. Milton, General Services Manager)/~ ~
June 4, 1996 '
DATE:
SUBJECT:
Denial of Claim -- Ryan Field
BACKGROUND
A claim for damages was received from Ryan Field on June 8, 1995 for injuries he
sustained when he fell from a park bench. The amount of the claim is unknown at
this time. It is recommended that this claim be denied,
FINDINGS
Ryan Field alleges that he stepped up on a park bench at Community Park, and the
bench fell over causing him to be injured.
ENVIRONMENTAL REVIEW
Environmental review is not required for this agenda item in accordance with CEQA
guidelines.
FISCAL IMPACT
Unknown
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the City Council deny this claim.
JLB:JDF:PAS:DAM:eg
.IIIN 4 1996
I
amJ3
ACTION:
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City of Poway � 8 �
CLAIM AGAINST THE:CITY OF POWAY �' tt�f
Received by � i"i � Lror� via /
U:5 Mail ✓
Inter-Ofiice Mail
Overthe Counter
/� o Y7-9y
A Ctaim must be fiied with the Ciry Glerk or Risk Manager of the City:of Fowaywithin 6 montfis after which the incident or even�
occurted. Be sure your clalm is against:the Crty of Poway, not another'public entity.'Where space is,insufficieni, please usE.
ad'dijionai paper and`identify infortnation by paragraph number. Complefed daims must be mailed o� delivered to The City o
Poway, 13325 Civfc Center Drive. Poway EA 92064 (P.O. Box 789). Attni Risk Manager.
TO THE HONORABLE MAYOR AND CITY GOUNCIL, THE CITY OFPOWAY, CALIFORNIA
The undersigned respectlully submRSthe'following claim and information relative to damage-to personsand/or personal
property:
1. Name ot claimant 1�v Q,..� PQ�c.L ���d
- -�
a. Address oi ctaimant �' -
< —
b. Phone No. �, � c. Date ot Birth
" d. Socfal SecurityNc e. Onvers Cic: No. —
2. Name, telephone and posfoffice address to _which claimant desires notices to be sent if other than above:
�
3. Oaunence or event irom which the claim arises:
a. Date m Q v /�../ 9 9.'S b. Time 930 . m
c. Place (exacf and specHiC location) T�Q4 �n�m ��_ty ��2ny'�t �r/C� �3095! �Aw�c�J Ow�
� Q 6/'p(Li O� O e i /'r�n � e/'4
tl. How and,under what ci►cumstances did damage;or injury occuF? Speciry the partiCUlar occurrence, event, act'of omission
you claim caused the injury or demage (use additional paper A necessary�.
(�fl �ii �P,LLyi/1 b�_! k± v eDrn mten i 7`Y ��/!7`� I
�----
Stc�� 6 ench o.�aC -rhe 6e�clr
�'e/-/ ove.^ bQC.Cu>a..r�aEs • -
e. What particular action byYhe"City, orits employees, caused the alleged damage or injury?
�a�•K benc% irr �v�v_�raur�c�.� a.�eQ is no�'"
' SCCtcr'ed G?�Dw h •
JUN 4 1996 1 3
3of8
_
s�aie - rvc;(njuries. `
T�o/a.1v� Fi'ac�`u.�e �'o �e:; .- Q���e
, _
S.,GiOe name(s) of the Ciry empioyee(s) causing the damage or i�jury�
6. Name and address o1 any other person injured:
NON C.
7. Name and address ot the owner of any'damaged property:
8. �amages claimed:
a. Amount claimed as of this date $ LLfI.l�/�4W�?
b. Estimated amount of future costs: $ 4L���� n Q� '� �'S Ti�+ e.
c. Total amount claimed: $!L/'� KnOwn
d. Basis forcomputation oYamounts ctaimed (include copies of all bilis, invoices, estimates, etc.)
�/lnou» cr:r t�iis �'imc
9. Names and addresses of all witnesses, hospitals; doctors, etc.
il�Fif7` �� Gi�/e � Pc�.rzv
c '
a. - -
b, /;1�. Stcvc L uc Kl,a.�-� � ' ��WQy
�. Wa..�ne Bernctw�i�. ,—, �_ _. = - PowQ�,
' s. D. Cy.
a. !�R K stiih.�zsvi✓ ! _ -
- �' 9o2-iO3
10: Any additional +nformation that migfit be helpful in considering the claim:
WARNING: IT IS A CRIMINALAFFENSE TO FILE A FALSE GLAIM! (Penal Code §72, Insurance Code;§ :556.1.)
I Fiave read the matteis.and statements`made in tfie above!olaim and I know the same;to be true of my own knowledge, ezcept
as'1o�tHose matters stated upon information'ortielief as to such matters 1 believe#he same to be true. I certify under penalty ol
perjury that-the foregoingis'TRUE and COEtAECT.
Signed this �e �`� day of �/� e , 1 g 9s , at S• �0 D/�
ClaimanYs 5ignature �sl-7�A�
v �_�
Office of the City Clark
Poway, Califomia
DOCUMENT NO. � FILED
a of a JUN 4 1'J96 �� 13
~ AGENDA REPORT
CITY OF POW A Y
This report '5 Included on the Consent Calendar There will be no separate jiscJsslor or t,re ~eDort pnor to approval by the
City Council unless members af the CounciL staff or public request ,t to be removed from the Consent Calendar and
discussed separately If .au Wish to have this report pulled for jisCUSSlcn, please 'iil out a s:IPndlCatmg the report number
and give ,t to the Cty Cierk prior to the beginning of the eif\. (::lund '1leetlng
TO: . Honorable Mayor and Members of the City Council
FROM:
INITIATED BY:
James L. Bowersox, City Manager
John D. Fitch, Assistant City Manager-~
Peggy A. Stewart, Director of Administrat've Servic~
Douglas A. Milton, General Services Manag~ _ ~~
June 4, 1996
DATE:
SUBJECT:
Denial of Claim -- Debbie Britt-Hay and Mark Hay
BACKGROUND
A claim for damages was received from Debbie Britt-Hay and Mark Hay on May 3, 1996,
The amount of the claim is $350,000. It is recommended that this claim be denied,
FINDINGS
The Hays allege that they suffered significant financial loss because of
misrepresentations by the City regarding zoning of property they subsequently
purchased.
ENVIRONMENTAL REVIEW
Environmental review is not required for this agenda item in accordance with CEQA
guidelines.
FISCAL IMPACT
Unknown
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the City Council deny this claim.
JLB:JDF:PAS:DAM:eg
Attachment: Claim for Damages -- Debbie Britt-Hay and Mark Hay
ACTION:
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JUN 4 1996 ITEM
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City of Poway MAY 3 1996
AIRY OF;POWAY
CLAIM AGAINST THE'CfTY OF P01NAY ��RKS OFFICE
+ty Date Stamp:—
. � D �
Aeoeived b -�+�a D .
U.S. Mail � 3
Inter•Ofiice Mail
Over fhe Counter _,�_ pry � p�y�,�
c/ r�( -0 1�/ MftNAGFAIENT
A;claim must be (iled with the CKy Clerk or Risk Manager,ot the City of Poway within 6 morrths after which the:incident or event
oCCUrced. Be'sure your cfaim �s-2gainst the Cfty of:POway, not another publiC errtRy. Where is insufficient, please use
additional paper and identity infonnation by;paragraph number. Completed Claims;'must be mailed or deliveted.to The City of
Poway, 13325 Civic CeMer Dme, Poway, CA 92064'(P.O. Box 789). Attn: Risk Manager.
TO THE HONORABLE. MAYOR AND'CITY COUNCII, TME.CITY OF POWAY, CAUFOfiNIA
The undersigned respectfully submits thefollowing claim and information relatiJe fadamage to persons and/orpersonai
P�PertY�
1.Nameoiclaimant Debbie Britt-Ha�and Mark Hav
a. Address of otaimant � FT*�� S FF7NflrD(' 707 Sroadw Ste 1700 San Dieqo CA
, , 92101
b. Phone No. S c. Date of Birth
d. Social Security No. e. Drivers Lic. No.
2. Name; telepfione and post offiCe address to which claimant desires notices fo;be sent if other than above:
3: Occurrenca or event from which the claim arises:
a. Date November 13, 1995 b. Time
c. Place (exact and spec'rfic location) �it,y of Po�y
d. How and under-wfiat:circumstances did;damage or injury occuC? Specify the,paRicular occurtence, everrt, ad of omission
you claim caused the injury or damage (use additionai,paper A necessary).
See Attachment "A"
e. WRat particulat action.by ihe Gity, or Rs employees, caused the alleged damage or injury7
San �Atf'�.arhmen�. �n.An � .
J� 4�� RE� 7 Z
- 6 o f 8 JUN 4 �ggs ITEM
4 Give a descnptlon of the .nIUry. propert\...., geor :css sc 'ar as is known at the tlrTlJO-' 'e clam',. If there we'e 'cnu:es
state 'No Injuries,'
See Attachment "An
5. Give name(s) of the City employee(s) causing the damage or injury:
r~rn' ~n~~~ ~~n n+n~r~
6, Name and address of any other person injured:
7, Name and address of the owner of any damaged property:
na~hie 9ritt-U~~ a~~ M~~~ ~~y
~/n HF.TN7. h FF.TN~F.Rr. 707 Broadway. Ste. 1700. San Dieqo. CA 92101
8, Damages claimed:
a, Amount claimed as of this date
$ ,"0 onn no "'pprox.
b, Estimated amount of future costs: $
c.Totalamountclaimed: $ 350,000.00 approx.
d, Basis for computation of amounts claimed (include copies of all bills, invoices, estimates. etc,)
)ocumentation will be orovided uoon request.
g, Names and addresses of all witnesses, hospitals, doctors, etc,
a, Claimants, City of Poway employees
b,
c,
d.
10, Any additional information that might be helpful in considering the claim:
WARNING: IT IS 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 1 believe the same to be true, I certify under penalty of
perjury that the foregoing is TRUE and CORRECT.
Signed this ). ~ day of .4-r ' ./
CO'm,",', ';gM"'. ~
MARK Y/DEBBI RI~~~
ice of the City Clerk
Poway, California
9 ad ~CNqy ,(&11,-+01";'1"
,1 ~,at ,
DOC
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JUN 4 1996
JUN 4 1996
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ATTACHMENT "A"
Before_purchasinq_real_oroperty locat'ed_in_Poway, California
' 1oca�ed a� . Clai�man'ts
investigated the poesibiTity of ueing the properCy ae a horae
riding training facility.
Carol Roeae �ab the city of Poway informed claimante that the
pazcicular.zoning wo.uld allow_for ueage ae a'horee ziding
training faci'lity if'a Coriditional Use: Pesmi_t wae obtained. Ma.
Roeas further informed clsYmante that under the zoning on the
property that a CUP aquld be ieeued.
In reliance on the repreeentationa of Ma. Rosae, claimanta
cloeed eacrow on the property and proceeded through the CUP
application proceea,.` Thie proceee lncluded the expenditure of
eigrnificant eums of moaey towarde Ehe iseuance_of the C.'QP botti in
direct CUP feea, other fees to the city o£ Poway, and additional
expenaea and feee incurzed related to the CUP appl3cation
procesa. Clasmante alao'expended eignificant;auma`°putting up a
home on the property and•prepazing the property for uee se a
horae riding training facility.
On or about November 13, 1995, Jim Bowereox, the Poway City
Manager inforined claimants the zoaing wae different than the city
had repreeented. Ae a,re,u_lt of thie mi.e,repreaenEation, �
claimante were unable to'obtain�a CUP and ase uaabTe to uee the
property the uae they lntended. 8ut for the'
mi`arepreaentation, c2aimante would never have cloeed escrow and
proceeded [o obtain a COP.
As described herein, ae a result of the mierepresentstione
of the city of Poway, p3ainEiffe haye euffered eignificant
financial loeeea. The city of Poway has not only caueed
claimants to have eignificant damagea but,_Yiae aTso been unjustly
enziched by accepting fees for a CUP which could not have'been
approved under the zonirig on the property, aa well as other
related fees to the developaienE of the property.
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