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2020-03-03 CC CS MinutesSpecial Meeting Alameda City Council March 3, 2020 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -MARCH 3, 2020- -5:30 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 arrived at 6:04 p.m. and left the meeting at 6:48 p.m.] Absent: None. Public Comment Nicki Collins, Boatworks, stated the development plan is basically the same; a public park will be built and maintained; a 2 acre park is proposed; the development plan will go to the Planning Board on March 23 rd; the Settlement Agreement can be terminated if the development plan is not what both sides want. The meeting was adjourned to Closed Session to consider: (20-112) 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: RG16823346, RG16841240, RG19041531 Following the Closed Session, the meeting was reconvened and the City Clerk announced staff provided information; the City Council voted to approve a Settment Agreement by the following voice vote: Ayes: Councilmembers Knox White, Oddie and Mayor Ezzy Ashcraft – 3; Noes: Councilmember Daysog – 1; Absent: Councilmember Vella – 1, as follows: The matter involves three separate litigations filed by Boatworks against the City relating to property located at 2229, 2235 and 2241 Clement Street ; the litigations generally challenge the City's Development Impact Fee (DIF) ordinance, seek to forestall the expiration of a tentative map approved by the City in 2011, challenge the City's zoning decisions and attempts to enforce a 2010 settlement agreement that the City contends was never fully consummated; Boatworks contends that the City owes Boatworks in excess of $4.4 Million dollars as contemplated by the 2010 settlement agreement and that various City decisions and actions caused further damages to Boatworks in excess of $44 Million dollars; the City disagrees with Boatworks’ contentions; nonetheless, in the interest of promoting the development of much needed housing and to avoid the uncertainty of litigation, the City Council authorized the City Attorney to settle every pending litigation and di spute between the City and Boatworks, consistent with the following terms: Special Meeting Alameda City Council March 3, 2020 1. Project approvals While the Council's authority over land use cannot be contracted away, the settlement is structured so that the benefits of the settlement will only occur if the Council and Planning Board grant certain regulatory approvals; the approvals are: a. Tentative map, development plan, development agreement with 15 year term, and density bonus, Final Map authorizing a182 unit project with: 21 affordable units (13 very-low; 8 moderate); Generally consistent with the 2016 development plan previously approved by the City; Approximately two acre waterfront open space, to be maintained by a Homeowners Association (HOA) but open to public; no longer on lands owned by the Army Corps; and no longer requiring Bay fill. b. Rezoning two acres of open space as "R2-PD" (planned development). At each approval, both sides have the opportunity to agree to modifications or cancel the settlement. c. Other necessary approvals, including building permits. 2. Dismissal of lawsuits, and a release of all past claims The dismissal and full release only occur if : 1. City Council first grants the above approvals. 2. Boatworks submits a different project than what is agreed to here or subsequently; or 3. 15 year passes and nothing happens at the property. 3. Settlement Payment The City would pay a total of $1.8 million to Boatworks generally phased to coincide with the issuance of qualifying building permits for the project. Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:57 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.