2019-09-03 CC CS Minutes
Special Meeting
Alameda City Council
September 3, 2019
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -SEPTEMBER 3, 2019- -6:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:17 p.m.
Roll Call – Present: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft – 5.
[Note: Councilmember Daysog arrived at 5:24 p.m.]
Absent: None.
The meeting was adjourned to Closed Session to consider:
(19-452) Conference with Legal Counsel – Existing Litigation (Pursuant to Government
Code § 54956.9); Case Name: Mortimer Howard v City of Alameda, et al.; Court:
Alameda Superior Court; Case Number: RG18893937
(19-453) 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 Numbers: RG14746654,
RG16823346, RG16841240; Court: First District Court of Appeal; Case Numbers:
A151063, A151919
(19-454) Public Employee Performance Evaluation Pursuant to Government Code §
54957; Positions Evaluated: City Manager - Eric Levitt and City Attorney - Yibin Shen
(19-455) Conference with Real Property Negotiators (Pursuant to Government Code
Section 54956.8); Property: Emma Hood Swim Center, 2256 Alameda Avenue,
Alameda, CA 94501; City Negotiator: Amy Wooldridge, Recreation and Parks Director,
City of Alameda; Negotiating Parties: City of Alameda and the Alameda Unified School
District; Under Negotiation: Price and terms of payment for the lease of the property
Following the Closed Session, the meeting was reconvened and the City Clerk
announced that regarding Howard, staff provided information to Council and Council
provided direction to staff with no vote taken; regarding Boatworks, staff provided
information to Council and Council provided direction to staff by unanimous vote to
authorize a settlement for the case (Alameda Superior Court Case Number
RG14746654, Court of Appeal Case Numbers A151063, A151919), which involves a
legal challenged raised by Developer Boatworks against the City’s Development Impact
Fees (“DIF”) ordinance codified in Alameda Municipal Code Chapter 27-3; on May 15,
2019, the California Court of Appeal held that that the City’s Parks and Recreation fee
component of its DIF is “invalid and unenforceable” and upheld the trial court’s order for
the City to pay Boatworks its attorneys’ fees incurred at the trial court; in July of this
year, the Council amended the DIF Ordinance to address the Court’s concerns; in order
to fully resolve the case and avoid further costs and litigation regarding attorney’s fees
Special Meeting
Alameda City Council
September 3, 2019
incurred at the Court of Appeal, the Council authorized the City Attorney to settle the
matter by paying $77,334.03 to Boatworks, plus necessary statutory interest, if any is
incurred; Performance Evaluation, Council provided direction to staff with no vote taken;
and regarding Real Property, staff provided information to Council and Council provided
direction 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.