3315211v1
CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA x 6 TH FLOOR x OAKLAND, CALIFORNIA 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
February 6, 2024
HONORABLE CITY COUNCIL
Oakland, California
Subject: Claim of Seminary Havenscourt LP
City Attorney File No. C34946
(Department of Public Works – Failed Storm Drain)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the Ci ty Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above-entitled claim for the sum of Sixty Thousand Eight Hundred Thirty-One Dollars and Twenty-Six Cents ($60,831.26), payable to Seminary Havenscourt LP (“Seminary”).
Seminary alleges that during heavy rain on October 24, 2021, a storm drain at 66th Avenue and International Boulevard backed up a nd caused flooding onto the sidewalk and into two apar tments and common areas of Seminary’s apartment building. Seminary claims that flooding caused substantial damage to their property.
The City has determined that settlement in the amount of $60,831.26, without admitting liability and to avoid litigation, is in the City’s best interest.
The City Council authorized settlement of th is case in Closed Session on Thursday, January 18, 2024 (moved by Councilmember Ke vin Jenkins and seconded by Councilmember Janani Ramachandran -7 Ayes, 1 Absent – Councilmember Noel Gallo).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
John Burke
Respectfully submitted,
BARBARA J. PARKER