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6.5.13. - Page 1 <br />REPORT <br />To the Honorable Mayor and City Council <br />From the City Manager <br />September 24, 2018 <br />SUBJECT <br />Rejection of Claim by Darryl Lee Goldstein <br />RECOMMENDATION <br />By Motion, reject subject claim. <br />BACKGROUND <br />Resolution Nos. 15081 and 15624 requires City Council approval for the denial, <br />allowance, allowance in part, settlement, or compromise of a general liability claim, if it <br />exceeds $50,000. The amount claimed by the claimant exceeds that limit and therefore <br />its denial must be approved by the City Council. <br />ANALYSIS <br />The claimant, Darryl Lee Goldstein, is alleging a Redwood City Police Officer withheld <br />his medication and documents during his arrest, in violation of his civil rights. <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, the City has no basis with which to <br />estimate the legal expenses or a settlement, should such estimates ultimately be <br />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 />