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2019-10-15 CC CS Minutes Special Meeting Alameda City Council October 15, 2019 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -OCTOBER 15, 2019- -4:30 P.M. Mayor Ezzy Ashcraft convened the meeting at 4:33 p.m. Roll Call – Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 5. [Note: Councilmember Vella arrived at 4:35 p.m. and Councilmember Daysog arrived at 5:07 p.m.] Absent: None. The meeting was adjourned to Closed Session to consider: (19-559) Public Employee Performance Evaluation Pursuant to Government Code § 54957; Position Evaluated: City Manager - Eric Levitt (19-560) 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 (19-561) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: 17-Acres of both dry and submerged land on the north side of the City adjacent to the estuary and east of Grant Street, Alameda CA ; City Negotiators: Debbie Potter, Community Development Director, Andrew Thomas, Planning, Building and Transportation Director, and Nanette Mocanu, Assistant Community Development Director; Negotiating Parties: City of Alameda and Pacific Shops, Inc., dba Alameda Marina ; Under Negotiation: Price and terms to exercise Option to Extend (19-562) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Portion of the 24 Acre Phase 1 Parcel of the Enterprise District at Alameda Point, Alameda CA, Bounded by W. Pacific Avenue, Skyhawk Street, West Oriskany and Orion Street; City Negotiators: Debbie Potter, Community Development Director, and John McManus, Cushman Wakefield; Negotiating Parties: City of Alameda and Astra Space, Inc.; Under Negotiation: Price and terms of payment for the potential sale of the property (19-563) 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, A150276 Special Meeting Alameda City Council October 15, 2019 Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Existing Litigation, staff provided information to Council; this case, Alameda Superior Court Case Number RG16-823346, Court of Appeal Case Numbers A150276, involves litigation between developer Boatworks and the City regarding the applicability of an October 2010 Settlement Agreement to Boatworks’ current plans to redevelop its property near the intersection of Oak Street and Clement Avenue; on March 5, 2019, the California Court of Appeal reversed the trial court’s grant of preliminary injunction in favor of Boatworks and concluded that : “Boatworks has not shown a likelihood of success in enforcing the Settlement Agreement;” by unanimous voice vote, with Councilmember Daysog absent, the City Council authorized the City Attorney to accept $77,334.03 from Boatworks as compensation for attorney’s fees expended by the City in prosecuting the appeal; the Council further authorized the City Attorney to enter into tolling agreements, to the extent necessary or appropriate, in any ongoing or new litigation with Boatworks; regarding Emma Hood Swim Center, staff provided information and Council provided feedback and direction with no vote taken; regarding Performance Evaluation, no reportable action was taken; regarding Pacific Shops, Inc., dba Alameda Marina , staff provided information to Council and Council provided direction with no vote taken; and regarding Astra Space, Inc., staff provided information and Council provided feedback with no vote taken. Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:19 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.