AgdaPkt 2009-04-13 clsd and jnt - Laserfiche WebLink

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.' .... .:..."..:.'..:O.':......7:ii-._>:.:.:. R'E..P 'R.. 'T.' . . . . . . .'. . ". ." ..\" . . . . . " .... ..,' '" " . ". ... ,. . . . . . '. . . .' . . . .. 6.38 Page 1 T "t'h'.. H',.' ',',," ",.,..',.,',. ...,b'J.' '. M., 'a'u .,....,, .'n....'d.. ~.t.\#,. 0.'0'.'. ..n".:;";,!,:I. 1.0 '.' e. onQra. ..e_~or.a:. ... \;,il~';J ..U 'vi .'P:r';"'iP.W' t:h......e...: City. :.: M: .nsfte:r ..O..a ,.: .,. ....,.a ..;II.. April 13, 2009 SUBJECT Claim from Attorney Scott A. Brown on Behalf of Adriana Priolo RECOMMENDATION Staff recommends rejection of subject claim. BACKGROUND This claim is being brought to the Council because if this claim results in a monetary settlement, the settlement could exceed $15,000. According to resolution no. 14595, if an amount to be paid for a general liability claim exceeds $15,000, any denial, allowance, allowance in part, settlement, or compromise must be approved by Council. On February 18, 2009 the Ms. Priolo, an employee or owner of Arrivederci & Bella, filed a claim against the City of Redwood City and the Port of Redwood City alleging severe long term water damage and fungal contamination at the premises. The claimant is asserting damages in excess of $25,000. The Port is the owner of the land where Arrivederci & Bella is located. The building is leased to a third party, The Fivey Company, who is responsible for maintenance and repairs. The claim was presented before the Port Commission at the March 18, 2009 Board meeting and a rejection was approved. It has been recommended by the City's claims adjustor, George Hills Company, and the City Attorney that this claim be denied. ALTERNATIVES If this claim is not rejected, the statute of limitations for the claimant to file a court action on the claim is extended from six months to two years, thereby placing the City in a more fiscally vulnerable position in defending this matter. FISCAL IMPACT The rejection of this claim has no direct fiscal impact. However, should the claimant elect to affect litigation to this incident, we have no basis with which to estimate the legal ~~?t :;wement. should such estimates UltimateIY~~ B Ian Pon Peter Ingram Director of Finance City Manager ATTACHMENTS 1. Port of Redwood City Notice of Rejection of Claim - March 18. 2009 RELATED DOCUMENTS IN CITY CLERK'S OFFICE None