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2019-09-03 CC CS Minutes Special Meeting Alameda City Council September 3, 2019 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -SEPTEMBER 3, 2019- -6:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 5:17 p.m. Roll Call – Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 5. [Note: Councilmember Daysog arrived at 5:24 p.m.] Absent: None. The meeting was adjourned to Closed Session to consider: (19-452) Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code § 54956.9); Case Name: Mortimer Howard v City of Alameda, et al.; Court: Alameda Superior Court; Case Number: RG18893937 (19-453) 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 (19-454) Public Employee Performance Evaluation Pursuant to Government Code § 54957; Positions Evaluated: City Manager - Eric Levitt and City Attorney - Yibin Shen (19-455) 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 Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Howard, staff provided information to Council and Council provided direction to staff with no vote taken; regarding Boatworks, staff provided information to Council and Council provided direction to staff by unanimous vote to authorize a settlement for the case (Alameda Superior Court Case Number RG14746654, Court of Appeal Case Numbers A151063, A151919), which involves a legal challenged raised by Developer Boatworks against the City’s Development Impact Fees (“DIF”) ordinance codified in Alameda Municipal Code Chapter 27-3; on May 15, 2019, the California Court of Appeal held that that the City’s Parks and Recreation fee component of its DIF is “invalid and unenforceable” and upheld the trial court’s order for the City to pay Boatworks its attorneys’ fees incurred at the trial court; in July of this year, the Council amended the DIF Ordinance to address the Court’s concerns; in order to fully resolve the case and avoid further costs and litigation regarding attorney’s fees Special Meeting Alameda City Council September 3, 2019 incurred at the Court of Appeal, the Council authorized the City Attorney to settle the matter by paying $77,334.03 to Boatworks, plus necessary statutory interest, if any is incurred; Performance Evaluation, Council provided direction to staff with no vote taken; and regarding Real Property, staff provided information to Council and Council provided direction with no vote taken. Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:00 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.