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2019-06-04 CC CS MinutesSpecial Meeting Alameda City Council June 4, 2019 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -JUNE 6, 2019- -6:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 6:00 p.m. Roll Call – Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 5. [Note: Councilmember Vella was present via teleconference from 1364 Burbank Street, Alameda, CA 94501] Absent: None. The meeting was adjourned to Closed Session to consider: (19-329) Conference with Real Property Negotiators (Government Code Section 54956.8); Property: 751 W. Ranger Avenue, Alameda, CA 94501; City Negotiators: Eric Levitt, City Manager and Debbie Potter, Community Development Director; Potential Buyer: UrbanMix Development, LLC; Issue Under Negotiation: Price and Terms of Payment (19-330) Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Government Code Section 54956.9; Number of cases: One (As Defendant - City Exposure to Legal Action) (19-331) Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code § 54956.9); Case Name: Boatworks v City of Alameda, et al.; Court: Superior Court of the State of California, County of Alameda; Case Number: RG14746654; Court: First District Court of Appeal; Case Numbers: A151063, A151919 Following the Closed Session, the meeting was reconvened and the City Clerk announced that: Regarding Real Property, staff provided information to Council and Council provided feedback with no vote taken. Regarding Anticipated Litigation, staff provided information; the case involves a legal challenged raised by Developer Carmel Partners against the City’s imposition of development impact fees (“DIF”) to the North Housing Admiral’s Cove Project; Carmel previously paid approximately $2,116,050 in DIF under protest; by unanimous vote, t he Council authorized the City Attorney to settle this matter by refunding $1,473,300 in previously paid DIF, while retaining the remaining $642,750; in exchange, Carmel has agreed to forgo all challenges against the current DIF or any future amendments to the DIF ordinance and any related nexus study (a) so long as the City does not seek to Special Meeting Alameda City Council June 4, 2019 apply any such future amended DIF to this Project and (b) the future DIF is adopted no later than December 31, 2020. Regarding Existing Litigation, staff provided information to Council and Council provided direction to staff with no vote taken. Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:00 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.