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2021-01-19 CC CS MinutesSpecial Meeting Alameda City Council January 19, 2021 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -JANUARY 19, 2020- -5:45 P.M. Mayor Ezzy Ashcraft convened the meeting at 5:58 p.m. Roll Call – Present: Councilmembers Daysog, Knox White, Spencer, Vella and Mayor Ezzy Ashcraft – 5. [Note: The meeting was held via Zoom.] Absent: None. The meeting was adjourned to Closed Session to consider: (21-023) Conference with Legal Counsel Existing Litigation (Pursuant to Government Code § 54956.9); Case Name: City of Alameda v. Union Pacific (Sweeney); Court: Superior Court of the State of California, County of Alameda; Case Number: RG18921261. Not heard. (21-024) Conference with Legal Counsel Existing Litigation (Pursuant to Government Code § 54956.9); Case Name: Friends of Crab Cove v. Vella et al.; Court: Superior Court of the State of California, County of Alameda; Case Number: RG18933140; Court: First District Court of Appeal; Case Numbers: A159140 and A159608. (21-025) Withdrawn – Conference with Real Property Negotiators (Pursuant to Government Code § 54956.8); Property: Encinal Terminals, Located at 1521 Buena Vista Avenue (APN 072-0382-001,-002 and 72-0383-03), Alameda, CA; City Negotiators: Gerry Beaudin, Assistant City Manager, Andrew Thomas, Planning, Building and Transportation Director, and Nanette Mocanu, Assistant Community Development Director; Negotiating Parties: City of Alameda and North Waterfront Cove, LLC; Under Negotiation: Price and Terms. Not heard. (21-026) Conference with Legal Counsel Existing Litigation Requests for the City to Participate as Amicus in Pending Litigations (Pursuant to Government Code § 54956.9); Case Name: Apartment Association of Los Angeles County, Inc. v. City of Los Angeles et al; Court: The United States Court of Appeals for the Ninth Circuit; Case Num ber: 20- 56251. (21-027) Conference with Legal Counsel Existing Litigation (Pursuant to Government Code § 54956.9); Case Name: Abdul Nevarez and Priscilla Nevarez v. City of Alameda; Court: United States District Court, Northern District of California; Case Number: 20-cv- 8302 Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding the Union Pacific, the matter was not heard; regarding Friends of Crab Cove, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Spencer: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5; this litigation involves legal Special Meeting Alameda City Council January 19, 2021 challenges filed against the City relating to the City’s rezoning of a parcel west of McKay Avenue to facilitate the development of a wellness center for unhoused persons and seniors; the City previously prevailed at the trial court and the plaintiffs had appealed the trial court decision to the court of appeal; the parties have reac hed a resolution where by the plaintiffs would dismiss this litigation in exchange for the City not seeking further fees and costs against the plaintiffs; the Council has authorized the City Attorney to resolve this litigation and execute documents, includ ing settlement agreements, consistent with the above and accept the dismissal on behalf of the City and the City employees/council members in their official capacity; regarding Real Property, the matter was withdrawn and not heard; regarding the Amicus, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Spencer: No; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 3; Noes: 2; the City has been asked to join numerous other local jurisdictions by authoring and/or signing on to amicus briefs to be filed in the above case to support the Los Angeles City’s existing moratorium ordinance prohibiting evictions for COVID -related unpaid rent for twelve months after the expiration of the local emergency; this moratorium ordinance is similar to Alameda’s existing law providing similar protections; the eviction moratorium at issue falls squarely within the City’s police power to promote public health, safety, and welfare during a pandemic; the moratorium has done so by enabling residents to shelter in place and socially distance; additionally, consistent with the District Court’s holdings, the moratorium does not substantially impart a landlord’s contractual rights with tenants; plaintiff’s expansive and incorrect reading of the Contracts Clause of the U.S. Constitution could unduly erode local control and limit state and local governmental authority to enact regulatory measures to safeguard the welfare of their residents during a crisis; the Council has authorized the City Attorney to author and/or sign amicus briefs in support of Los Angeles City in this matter, in any trial or appellate court of competent jurisdiction; regarding Nevarez, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Spencer: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5l this litigation involves claims of ADA violations by the Plaintiffs at the Corica Park Golf Course. The City has tendered the litigation to Greenway given their operation and management of the Golf Course. The City Council has authorized the City Attorney to waive certain conflicts to permit attorneys, including Gerry Ramiza and Greg Akar, at the law firm of Bur ke Williams & Sorensen to handle the defense of this litigation. Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:24 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.