2007-10-16 Special CC CS MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - OCTOBER 16, 2007- -6:50 p.m.
Mayor Johnson convened the Special Meeting at 7:00 p.m.
ROLL CALL - Present: Councilmembers deHaan, Gilmore,
Matarrese, Tam, and Mayor Johnson - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(07 -492) Conference with Legal Counsel - Existing Litigation
(54953.9); Name of Case: Mikiten v. City of Alameda, et al.
Following the Closed session, the Special Meeting was reconvened
and Mayor Johnson announced that Council received a brief on the
status of this litigation.
(07 -493) Mayor Johnson stated that Council met in Closed Session on
October 9, 2007 with its City Attorney to discuss the status of the
Harbor Bay Isle Association (HBIA) v. City of Alameda lawsuit and
a potential settlement of the lawsuit; the Council approved a
settlement of the lawsuit; a copy of the written settlement
agreement is on file in the City Clerk's office; the settlement
agreement resolves this litigation; the settlement provides that
the maximum number of residential units that HBIA may have the
potential to develop is 3,200 per the 1989 Development Agreement;
the settlement also provides that the proposed Village 6 project
constitutes a minor amendment of the 1989 Development Agreement and
that, therefore, no impact fees or exactions beyond those in place
in 1989 will be applicable to the Village 6 project, pursuant to
the 1989 Development Agreement; because the 1989 Development
Agreement preceded the City's Inclusionary Housing Ordinance, the
proposed Village 6 project is not required to develop affordable
housing on the site; HBIA will make a voluntary contribution of $1
million to the City's low and moderate income housing fund, and
make a $500,000 contribution to a fund for the maintenance of
Harbor Bay Parkway; this settlement agreement does not approve the
Village 6 project and it does not commit the Council to any future
legislative action; the proposed Village 6 project must still go
through the normal public review process, including review of an
Environmental Impact Report, consideration of a General Plan
amendment and rezoning from commercial to residential use.
Council approved the settlement of the lawsuit by the following
voice vote: Ayes: Councilmembers Gilmore, Matarrese, and Mayor
Johnson - 3. Noes: Councilmembers deHaan and Tam - 2.
Special Meeting
Alameda City Council 1
October 16, 2007
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 7:15 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council 2
October 16, 2007