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6.5.B. - Page 1 <br /> RE PO RT <br /> To the Honorable Mayor and City Council <br /> From the Cit Mana er <br /> January 14, 2013 <br /> SUBJECT <br /> Rejection of Claim from Martha and Pedro Poyatos <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 /> Claimants have placed a claim against the Police Department for personal and property <br /> injuries as a result of a head-on collision with a vehicle fleeing a California Highway <br /> Patrol vehicle. The Redwood City Police Department responded to the scene of the <br /> accident, but for investigative purposes only and was not involved in the vehicle pursuit. <br /> The City's risk manager recommends rejection of this claim. <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 is not a project under CEQA as defined in CEQA guidelines. <br /> � <br /> � �^�- <br /> BRIAN PONTY <br /> FINANCE DIRECTOR <br />