APPROVED AS TO FORM AND LEGALITY
_________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF HOLLY
ROSS-SISNEROS AS TRUSTEE OF THE SECOND AMENDED AND
RESTATED REVOCABLE TRUST AGREEMENT OF THE HELEN S.
ROSS TRUST; AND PAUL MICO V. CITY OF OAKLAND, EAST BAY
MUNICIPAL UTILITIES DISTRICT, SARAH WHEELER, AN
INDIVIDUAL AS DOE 1; AND DOES 2 THROUGH 10 0, INCLUSIVE , ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG1 7877986, CITY ATTORNEY’S FILE NO. 31966, AND KARL W. KREPLIN AND ANITA A.
KREPLIN; THE KARL W. KREPLIN AND ANITA ARAGON KREPLIN
REVOCABLE TRUST V. CITY OF OAKLAND; EBMUD; HOLLY ROSS - SISNEROS; AND DOES 1 TO 20, INCLUSIVE , ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG19026819, CITY ATTORNEY’S FILE NO. 31966-1, IN THE AMOUNT OF ONE MILLION AND ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($1,100,000) (DEPARTMENT OF PUBLIC WORKS – INVERSE CONDEMNATION)
WHEREAS, Plaintiffs Holly Ross -Sisneros, Karl Kreplin, Anita Kreplin, and Cross - Complainant Sarah Wheeler allege that a City of Oakland storm drain pipe caused a landslide that occurred between February 21-24, 2017; and
WHEREAS, Plaintiffs and Cross-Complainant allege that as a result of the landslide they sustained property damage to their residential properties at 6933 Armour Drive, 49 Vista Del Mar Court, and 43 Vista Del Mar Court; and
WHEREAS, Plaintiffs and Cross-Complainant filed Holly Ross-Sisneros, et al. v. City of Oakland, et al., Alameda County Superior Court Case No. RG17877986, and Karl Kreplin, et al. v. City of Oakland, et al. , Alameda County Superior Court Case No. RG19026819 , against the City of Oakland alleging inverse condemnation, dangerous condition of public property, trespass, and nuisance and seeking to recover $2,300,000 to repair the damage from the landslide, costs of past emergency repairs and geotechnical engineering work, compensation for loss of use of the properties, and attorneys’ fees and costs; and
2 WHEREAS, without admitting fault or wrongdoing, the City has determined to compromise Plaintiffs’ and Cross -Complainant’s claims for the sum of One Million and One Hundred Thousand Dollars and no Cents ($1,100,000.00); now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Holly Ross-Sisneros, et al. v. City of Oakland, et al. , Alameda County Superior Court Case No. RG17877986 , and Karl Kreplin, et al. v. City of Oakland, et al. , Alameda County Superior Court Case No. RG19026819 , for the sum of One Million and One Hundred Thousand Dollars and no Cents ($1,100,000.00); and be it
FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps as may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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