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6.5.A. - Page 1 <br /> To the Honorable Mayor and City Cou nci I <br /> From the City Manager <br /> May 23, 2011 <br /> SUBJECT <br /> Claim from attorney Gregorio Moreno, representing Martin Hernandez <br /> RECOMMENDATION <br /> Reject subject claim. <br /> BAC KG RO U N D <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 /> Claimant is alleging bodily injury as a result of being run over by a vehicle on August 5, <br /> 2010 while working on a water system shutoff valve within the public right-of-way. <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 fiscally vulnerable 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 /> BRIAN PONTY, DIRECTOR <br /> ROBERT B. BELL, CITY MANAGER <br />