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6.2.A. - Page 1 <br /> RE PO RT <br /> To the Honorable Mayor and City Council <br /> From the Cit Mana er <br /> April 22, 2013 <br /> SUBJECT <br /> Rejection of Claim from Alanna Andrus <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 placed a claim against the City for injuries she incurred when she <br /> tripped and fell on sprinkler head protruding from the ground near the sidewalk <br /> surrounding the parking lot on Middlefield Road. <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 /> � ��"1--�_ <br /> � <br /> BRIAN PONTY <br /> DIRECTOR OF FINANCE <br />