2020-03-17 CC CS MinutesSpecial Meeting
Alameda City Council
March 17, 2020
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - MARCH 17, 2020- -5:45 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:50 p.m.
Roll Call – Present: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft – 5.
[Note: Councilmembers Oddie and Vella were present via teleconference.]
Absent: None.
Consent Calendar
Vice Mayor Knox White moved approval of the Consent Calendar.
Councilmember Vella seconded the motion, which carried by the following roll call vote:
Councilmembers Daysog: Aye, Knox White: Aye, Oddie: Aye, Vella: Aye and Mayor
Ezzy Ashcraft: Aye; Ayes – 5. [Items so enacted or adopted are indicated by an
asterisk preceding the paragraph number.]
(20-148) Recommendation to Approve Eric Levitt, City Manager, Lisa Ma xwell,
Assistant City Attorney, Debbie Potter, Community Development Director, and Nanette
Mocanu, Assistant Community Development Director, as Real Property Negotiators for
the Potential Licensing of the Northwest Territories. Accepted.
(20-149) Recommendation to Approve Eric Levitt, City Manager, Lisa Maxwell,
Assistant City Attorney, Debbie Potter, Community Development Director, and Nanette
Mocanu, Assistant Community Development Director, as Real Property Negotiators for
the Potential Lease of Building 14 at 1800 Ferry Point on Alameda Point. Accepted.
(20-150) Recommendation to Approve Eric Levitt, City Manager, Lisa Maxwell,
Assistant City Attorney, Debbie Potter, Community Development Director, and Lois
Butler, Economic Development Manager, as Real P roperty Negotiators for the Potential
Lease and Development of a Portion of the Ballena Isle Upland Parcel APN 74 -1025-3.
Accepted.
(20-151) Recommendation to Approve Eric Levitt, City Manager, and Michael Roush,
Chief Assistant City Attorney, as Real Property Negotiators for the Potential Assignment
and Assumption of the Lease for 300 Island Drive in Alameda. Accepted.
The meeting was adjourned to Closed Session to consider:
(20-152) Conference with Legal Counsel – Liability Claim (Pursuant to Government
Code § 54956.95); Claimant: Shelby Gattenby; Agency Claimed Against: City of
Alameda
Special Meeting
Alameda City Council
March 17, 2020
(20-153) Conference with Real Property Negotiators (Pursuant to Government Code
Section 54956.8) Property: 300 Island Drive; City Negotiators: Eric Levitt, City Manager,
and Michael Roush, Chief Assistant City Attorney; Negotiating Parties: City of Alameda
and Greenway Golf; Under Negotiation: Price and terms of lease
(20-154) Conference with Legal Counsel – Existing Litigation (Pursuant to Government
Code § 54956.9); Case Name: Little Sisters of the Poor v. Pennsylvania; Court: United
State Supreme Court; Case Number: 19-431
(20-155) Conference with Legal Counsel – Liability Claim (Pursuant to Government
Code § 54956.95) Claimant: Grand Edibles; Agency Claimed Against: City of Alameda
(20-156) Conference with Real Property Negotiators (Pursuant to Government Code
Section 54956.8) Property: Northwest Territories, approximately 1,704 acres of rentable
space on the former Naval Air Station Alameda at Alameda Point ; City Negotiators: Eric
Levitt, City Manager, Lisa Maxwell, Assistant City Attorney, Debbie Potter, Community
Development Director, and Nanette Mocanu, Assistant Community Development
Director; Negotiating Parties: City of Alameda and Porsche Club of America, Inc.; Under
Negotiation: Licensing, price and terms. Not heard.
(20-157) Conference with Real Property Negotiators (Pursuant to Government Code
Section 54956.8) Property: Building 14, approximately 31,194 rentable square feet of
building area, located at 1800 Ferry Point at Alameda Point; City Negotiators: Eric
Levitt, City Manager, Lisa Maxwell, Assistant City Attorney, Debbie Potter, Community
Development Director, and Nanette Mocanu, Assistant Community Development
Director; Negotiating Parties: City of Alameda and Navigator Systems; Under
Negotiation: Price and terms. Not heard.
(20-158) Conference with Real Property Negotiators (Government Code section
54956.8) Property: Ballena Isle Upland Parcel APN 74-1025-3; City Negotiators: Eric
Levitt, City Manager; Debbie Potter, Community Development Director; Lois Butler,
Economic Development Manager; Lisa Maxwell, Assistant City Attorney; Maurice
Robinson, Maurice Robinson & Associates LLC; Potential Tenant: West River, Inc.;
Current Tenant: SHM Ballena Isle, LLC; Issue Under Negotiation: Real Property
Negotiations Price and Terms. Not heard.
***
Mayor Ezzy Ashcraft called a recess at 6:03 p.m. and reconvened the meeting at 6:08
p.m.
***
Following the Closed Session, the meeting was reconvened and the City Clerk
announced that regarding Gattenby, staff provided information; this matter involves a
claim filed by Shelby Gattenby, against the City of Alameda, alleging that Alameda
Special Meeting
Alameda City Council
March 17, 2020
Police Department (APD) Officers violated Mr. Gattenby’s of civil rights under federal
and California state law and caused his death while in custody on December 5, 2018 ;
the City maintains that APD Officers acted in accordance with all applicable laws;
nonetheless, in order to avoid the expense and uncertainty of litigation, by the following
roll call vote: Councilmember Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye;
and Mayor Ezzy Ashcraft: Aye; Ayes: 5, the City Council authorizes the City Attorney to
settle this matter in an amount not to exceed $250,000 ; regarding Real Property, staff
provided information to Council and direction was provided to staff with no vote taken ;
regarding Existing Litigation, staff provided information; this case relates to
Pennsylvania and New Jersey’s pending challenge against the Trump administration’s
recent regulations permitting employers to curtail any and all contraceptive coverage
under their health plans; Pennsylvania and New Jersey received favorable rulings at the
Third Circuit, the US Supreme Court has granted review of the case;. Little Sisters of
the Poor, a religious non-profit organization, moved to intervene in support of the Trump
Administration; by the following roll call vote: Councilmembers Daysog: Aye; Knox
White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye ; Ayes: 5, the
Council authorized the City Attorney to sign onto an amicus briefed to be drafted by the
Public Rights Project and the Oakland City Attorney’s Office supporting Pennsylvania
and New Jersey’s positions; regarding Grand Edibles, staff provided information and
Council provided direction by the following roll call vote: Councilmembers Daysog: Aye;
Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye ; Ayes: 5.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:55
p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.