3318282v1
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 CLAIM OF DAWN
WHITE AND LIUYI XU, CITY ATTO RNEY FILE NO. C34897, IN THE
AMOUNT OF SIXTY-EIGHT THOUSA ND NINE HUNDRED DOLLARS
AND FIFTY-NINE CENTS ($68,900.59) (DEPARTMENT OF PUBLIC WORKS – FAILED STORM DRAIN)
WHEREAS, Dawn White and Liuyi Xu (“Claimants”) allege that that during heavy rain on October 23, 2021, the intersection of East 9th Street and 35th Avenue flooded causing water damage to the ground floor of Claimants’ property;and
WHEREAS, Claimants allege that the City storm drains became blocked and caused water to spread onto the sidewalk and eventu ally reach the ground floor of Claimants’ property causing substantial damage to the garage, ki tchen, living room, two bedrooms and two bathrooms; and
WHEREAS, Claimants submitted the above entitled claim seeking payment for said damages; and
WHEREAS, the City of Oakland has determined that settlement in this amount, without an admission of liability, is in the best interest of the City; now, therefore, be it RESOLVED: That the City Attorney is authorized and directed to compromise and settle the claim of Dawn White and Liuyi Xu, City Attorney’s File No. C34897, for the sum of Sixty- Eight Thousand Nine Hundred Dollars and Fifty-Nine Cents ($68,900.59); and be it FURTHER RESOLVED: That the City Administrator is authorized and directed to issue settlement payments as negotiated by the City Attorney with Claimants; and be it FURTHER RESOLVED: That the City Attorn ey is further authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
ED AS TO FORM AND LEGALITY
____________________________
CITY ATTORNEY’S OFFICE