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2020-09-01 CC CS Minutes Special Meeting Alameda City Council September 1, 2020 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -SEPTEMBER 1, 2020- -5:30 P.M. Mayor Ezzy Ashcraft convened the meeting at 5:35 p.m. Roll Call – Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 5. [Note: The meeting was held via WebEx.] Absent: None. The meeting was adjourned to Closed Session to consider: (20-550) Conference with Legal Counsel: Existing Litigation (Pursuant to Government Code Section 54956.9); Case Name: City of Alameda v. Union Pacific; Court: Superior Court of the State of California; Case Number: RG18920939 (20-551) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Site A at Alameda Point; Persons Negotiating: Eric J. Levitt, City Manager; Debbie Potter, Community Development Director; Michelle Giles, Redevelopment Project Manager; and Lisa Maxwell, Assistant City Attorney; Negotiating Parties: City of Alameda and Alameda Point Partners: Under Negotiation: Price and Terms. Not heard. (20-552) Conference with Legal Counsel: Existing Litigation (Pursuant to Government Code Section 54956.9); Requests for the City to participate as amicus in pending litigations (Pursuant to Government Code Section 54956.9); Case Name: Duncan v. Becerra; Court: State Court of Appeal for the 9th Circuit; Case Number: 19-55376 (20-553) Conference with Legal Counsel: Anticipated Litigation (Significant exposure to litigation pursuant to paragraph (2) subdivision (d) of Section 54956.9); Number of Cases: One (As Defendant – City Exposure to Legal Action) (20-554) Conference with Legal Counsel: Potential Litigation (Initiation of litigation pursuant to Government Code Section 54956.9, Subsection (c); Number of Cases, One (As Plaintiff-City of Alameda Initiating Legal Action) Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Union Pacific, staff provided information and Council approved staff’s recommendations by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5: the case involves an ongoing eminent domain litigation against Union Pacific, where the City seeks to acquire approximately 1.56 acres of abandoned Union Pacific Railroad right-of-way on the northwest side of Tilden Way on either side of Blanding Avenue; the property will be used for the Cross Alameda Trail to the Miller-Sweeney Special Meeting Alameda City Council September 1, 2020 Bridge and into Oakland; the parties have reached a tentative agreement to finalize the eminent domain process without trial, whereby the City would pay approximately $1,538,875, agree to release Union Pacific from future liability from the City, and to certain use restrictions consistent with environment conditions of the site ; the Council authorized the City Attorney to resolve the litigation consistent with the tentative agreement; regarding Duncan v. Becerra, 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: the City has been asked to join numerous other local jurisdictions by authorizing and/or signing on to an amicus briefs to be filed in the case to support the State of California’s existing prohibition, codified at Government Code Section 313110, against the possession of large capacity magazines (LCM) that hold more than 10 rounds of ammunition ; a divided panel of the 9th circuit held that Section 313110 violated the 2nd amendment; the amicus brief seeks to support the State of California, in part, because the decision is contrary to prior 9th Circuit precedent from six other Circuits all holding that various LCM restrictions are constitutional; additionally, the Section 31310 prohibition against LCMs does not prevent the use of handguns or other weapons in self -defense and leaves open alternative channels for self -defense in the home; the Council has authorized the City Attorney to author and/or sign amicus briefs in the case, in any trial or appellate court of competent jurisdiction; and regarding Anticipated Litigation and Potential Litigation, staff provided information and Council provided direction with no vote taken. Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:45 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.