3166255v1
CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA 6 TH FLOOR OAKLAND, CALIFORNIA 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
May 3, 2022
HONORABLE CITY COUNCIL
Oakland, California
Subject: Holly Ross-Sisneros as tru stee 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 100, i n c l u s i v e
Alameda County Superior Court Case No. RG17877986
City Attorney File No. 31966; consolidated with
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 File No. 31966-1
(Department of Public Works – Inverse Condemnation)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above-entitled claims for the sum of One Million and One Hundred Thousand Dollars and no cents ($1,100,000), payable to Law Offices of Rosenberg Mendlin & Rosen, LLP.
This action arises out of landslide on February 21-24, 2017 that affected the residential properties at 6933 Armour Drive, 49 Vista Del Mar Court, and 43 Vista Del Mar Court. The plaintiffs and cross-complainant are the homeowners who allege that an underground City storm drain pipe caused excessive storm water to saturate the soil an d cause the landslide. They claim that corrosion in the pipe led to a leak, resulting in storm wa ter escaping the pipe in the landslide location. The homeowners sued the City to recover $2,300,000 t o repair the damage from the landslide, costs of past emerge ncy repairs and geotechnical engineering work, compensation for loss of use of the properties, and attorneys’ fees and costs.
The City Council authorized settlement of this case in Closed S ession on Thursday, April 21, 2022 (moved by Councilmember Loren Taylor and seconde d by Councilmember Dan Kalb - 7 Ayes, 1 excused – Councilmember Sheng Thao).
R e s p e c t f u l l y s u b m i t t e d ,
B A R B A R A J . P A R K E R
C i t y A t t o r n e y
Assigned Attorney:
Christina Lum