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Meeting Date: February 10, 2004

Subject/Title: Reject the claim presented by Veronica Roche

Submitted by: Karen Diaz, City Clerk/Director of Administrative Services

Approved by: John Stevenson, City Manager

Reject the claim presented by Veronica Roche as recommended by the City Attorney.

Claimant, Veronica Roche, is alleging that on January 6, 2004 she was traveling north on Fairview Avenue through the intersection as the street sweeper came to the corner and threw a rock out from under it, causing a crack in her windshield. The amount of the claim is $233.10.

Public Works staff prepared a statement of facts based on their conversation with the claimant, an inspection of the area in question, and the operation and design of the street sweeper.

Engineering staff has indicated Western Pacific Housing (Subdivision 8395) did work for the City at the intersection of Fairview Avenue and San Jose Avenue.

Based on the report, staff along with the City Attorney concludes that the city has no liability for the alleged incident.

No fiscal impact at this time.

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