Title
Resolution to Authorize Settlement of Claim by Deborah Gordon-Gurfinkel and Elihau Gurfinkel
Staff
Prepared by: Tim Wilhelm, Deputy City Attorney
Reviewed by: Atleen Kaur, City Attorney
Body
Whereas, Deborah Gordon-Gurfinkel and her husband, Elihau Gurfinkel, have asserted a claim against the City alleging personal injuries and damages resulting from an incident on August 6, 2020 in which Deborah Gordon-Gurfinkel suffered an injury to her ankle from stepping in a hole while walking on Sunset Road;
Whereas, The City disputes the claim and that it is responsible for the incident or resulting injury and damages;
Whereas, The parties now desire to settle and resolve the disputed claim and without an admission of liability on the part of any party, wherein the City will pay $24,500.00 to Deborah Gordon-Gurfinkel and Elihau Gurfinkel in exchange for a settlement agreement and a release of all claims against the City; and
Whereas, The City Attorney’s Office has advised City Council on this matter in an attorney-client privileged and confidential Legal Advice Memorandum dated July 13, 2022;
RESOLVED, That City Council authorizes the City Attorney to fully resolve the claims by Deborah Gordon-Gurfinkel and Elihau Gurfinkel for a payment of $24,500.00 contingent on the receipt of a settlement agreement and release of all claims acceptable to the City Attorney; and
RESOLVED, That the Mayor, Clerk, City Administrator and City Attorney are authorized to take actions to implement this resolution, including signing a settlement agreement.