AgdaPkt 2013-12-09 Special - Laserfiche WebLink

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4.5.B. - Page 1 RE PO RT To the Honorable Mayor and City Council From the Cit Mana er December 9, 2013 SUBJECT Rejection of Claim from Silvia Guersenzvaig on behalf of Joshua Claypole RECOMMENDATION By motion, reject subject claim. BACKGROUND According to resolution no. 15081, if any amount claimed in connection with a general liability claim exceeds $50,000, any denial, allowance, allowance in part, settlement, or compromise must be approved by Council. The amount claimed by the claimant exceeds that limit and therefore its denial must be approved by the City Council. ANALYSIS The claimant has placed a claim against the City on behalf of her son who is deceased. The claimant is alleging that Redwood City is culpable for releasing her son from jail without evaluating him for mental competence and to ensure he was not a danger to himself. The claimant's son was arrested by the California Highway Patrol and kept in the San Mateo County Jail; Redwood City was not involved in the arrest, detention, or release of the claimant's son therefore we are asking the Council to reject this claim. 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 difficult position in defending this matter. FISCAL IMPACT The rejection of this claim has no direct fiscal impact. However, should the claimant elect to initiate litigation regarding this incident, we have no basis with which to estimate the legal expenses or a settlement, should such estimates ultimately be required. ENVIRONMENTAL REVIEW This activity is not a project under CEQA as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or foreseeable physical change in the environment.