2021-03-16 CC CS MinutesSpecial Meeting
Alameda City Council
March 16, 2021
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -MARCH 16, 2021- -6:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 6:02 p.m.
Roll Call – Present: Councilmembers Daysog, Herrera Spencer, Knox White,
Vella and Mayor Ezzy Ashcraft – 5. [Note: The meeting was
held via Zoom.]
Absent: None.
The meeting was adjourned to Closed Session to consider:
(21-150) Conference with Legal Counsel – Anticipated Litigation (Significant Exposure
to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9); Number
of Cases: One (As Defendant – City Exposure to Legal Action); Claim Number: (2021-
0009/GHC0033180); Potential Plaintiffs: Greenway Golf Associates, Inc.
Following the Closed Session, the meeting was reconvened and the City Clerk
announced that regarding Anticipated Litigation, staff provided information and Council
provided direction by the following roll call vote: Councilmembers Daysog: No; Herrera
Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 3.
Noes: 2; the case involves a claim filed by Greenway contending that the lack of an
events center at the Corica Park Golf Course has/will produce damages to Greenway in
the range of $15 million to $50 million; the City has contended that plain wording of the
contracts at the Park, both Greenway’s and Jim’s, do not provide for third party
beneficiaries, thus Greenway has no right to assert such a claim against the City;
nonetheless, in the interest of avoiding unnecessary litigation and to support a
negotiated solution by Greenway and Jim’s on the Course, the Council authorized the
City Attorney to settle the pending claim by obtaining full releases for the City in
exchange for the City’s future consent of Jim’s relinquishing and transferring certain
food and beverage service rights at Corica Park to Greenway.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:30
p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.