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6.5.A. - Page 1 <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From the City Manager <br /> December 7, 2015 <br /> SUBJECT <br /> Rejection of Claim from Rita Pincombe c/o Daniel Balich, Law Offices of Kern, Noda, <br /> Devine, & Segal <br /> RECOMMENDATION <br /> By motion, reject subject claim. <br /> BACKGROUND <br /> According to resolution no. 15081, if any amount claimed in connection with a general <br /> liability claim exceeds $50,000, any denial, allowance, allowance in part, settlement, or <br /> compromise must be approved by Council. The amount claimed by the claimant <br /> exceeds that limit and therefore its denial must be approved by the City Council. <br /> ANALYSIS <br /> The claimant has filed a claim against the City for an alleged dangerous condition on a <br /> public sidewalk. <br /> ALTERNATIVES <br /> If this claim is not rejected, the statute of limitations for the claimant to file a court action <br /> on the claim is extended from six months to two years, thereby placing the City in a <br /> more difficult position in defending this matter. <br /> FISCAL IMPACT <br /> The rejection of this claim has no direct fiscal impact. However, should the claimant <br /> elect to initiate litigation regarding this incident, we have no basis with which to estimate <br /> the legal expenses or a settlement, should such estimates ultimately be required. <br /> ENVIRONMENTAL REVIEW <br /> This activity is not a project under CEQA as defined in CEQA Guidelines, section <br /> 15378, because it has no potential for resulting in either a direct or foreseeable physical <br /> change in the environment. <br /> ATTACHMENTS <br /> None <br />