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HomeMy WebLinkAbout1990-10-16; City Council; 10871; SettlementCIw OF CARLSBAD - AGENt- BILL DEPT. HY CITY ATTY TITLE: SETTLEMENT OF THE CLAIM OF ROSANA LEGASPI-CAVIN MTG. 10/16/90 DEPT. BM RECOMMENDED ACTION: Approval of Resolution No. %-3yfauthorizing the payment of $16,500 as settlement in full of the claim of Rosana Legaspi-Cavin. ITEM EXPLANATION This claim arose as the result of a traffic collision which occurred on June 8, 1989 at the intersection of "E' Street and Eleventh Avenue in San Diego. According to the Police Report, a City vehicle, being driven by Carlsbad Police Department Dispatcher Wilber Lee Hoff, ran a red light and struck a vehicle being driven by the claimant. Liability is clear and is not in issue. The City Attorney and the Risk Manager have reviewed the facts and circumstances surrounding the incident. In their opinion, the amount being recommended for settlement represents a fair and equitable resolution of this matter. FISCAL IMPACT The cost of the settlement is $16,500. Sufficient funds are available in the General Liability Self-Insurance Fund to cover the cost of this settlement. EXHIBITS 1. Resolution No. 7J-gYf 2. Release of All Claims 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE SETTLEMENT OF THE CLAIM OF ROSANA LEGASPI-CAVIN WHEREAS, on recommendation of the City Attorney and the Risk Manager, the City Council of the City of Carlsbad, California has determined that a settlement of the claim of Rosana Legaspi-Cavin is in the public interest; and WHEREAS, there are sufficient funds available in the General Liability Self- Insurance Fund to pay the settlement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the City Council approves the settlement and authorizes the disbursement of $16,500 from the General Liability Self-Insurance Fund. I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the 16th day of October . 1990, by the City Council of the City of Carlsbad on the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: None ATTEST: &%THA L. FUkJ