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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.