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2007-11-06 5-E Submittalf\ilo rga n I\il j 1 le r BIai r 1331 NORTH CALIFORNIA BOULEVARD, SUITE 200 WALNUT CREEK, CALIFORNIA 94596-4544 A LAW CORPORATION 925.937.3600 925.943.1106 FAX www.mmblaw.com TODD A. WILLIAMS (925) 979 -3352 twilliams@mmblaw.com November 6, 2007 VIA HAND DELIVERY Honorable Mayor and Members of the City Council City of Alameda, City Hall 2263 Santa Clara Avenue, Rm. 190 Alameda, CA 94501 Re: Withdrawal of Appeal Alameda Landing Mixed Use Development Project (DPO7-0002) City Council Hearing November 6, 2007 Agenda item No. 5 -E Our File No. 10505 -007 Dear Honorable Mayor and Members of the City Council: We represent Kathy Wagner, the individual who filed an appeal of the Planning Board's September 24, 2007 decision approving the following (1) the First Addendum to the Alameda Landing Mixed Use Development Supplemental Project EIR; (2) a revised Waterfront Promenade Development Plan; and (3) a second amendment to the Site -Wide Master Landscape Plan. The appeal hearing is scheduled this evening before the City Council. Ms. Wagner has settled her dispute with the applicant on the above - referenced project that is the subject of the appeal and accordingly withdraws that appeal. Ms. Wagner requests that the City Council not hold a hearing on her appeal. Thank you. MORGAN MILLER BLAIR 7„,(v( *F-_,z,.., TODD A. WILLIAMS cc: Ms. Kathy Wagner, Mariner Square Athletic, Inc. Andrew Thomas, Planning Manager Michael Greene, Esq. (Attorney for Catellus) M MB :10 505- 007: 843 3 70.2 Re: Agenda Item #5 -E 11 -06 -07