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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: 2 of 8 _ _, p��� 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: ~ ~ . --- ~ 5 of 8 13 ... JUN 4 1996 ITEM � ` � �� � VCIY`�'V 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 7 of 8 FILED JUN 4 1996 JUN 4 1996 ITEM ITEM 13 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. a o f a 4 tggs i'i'ENO 13 ;� 4 �ss6 ITEM