Loading...
2021-09-07 CC CS Minutes - Consent Calendar Items420 Special Meeting Alameda City Council September 7, 2021 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -SEPTEMBER 7, 2021- -5:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 5:04 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. Consent Calendar Councilmember Knox White moved approval of the Consent Calendar. Councilmember Daysog seconded, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4; Noes: 1. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*21-515) Recommendation to Approve Eric Levitt, City Manager, Lisa Maxwell, Community Development Director, and Louis Liss, Base Reuse Manager, as Designated Real Property Negotiators for the West Midway Project and Site A at Alameda Point. Accepted. The meeting was adjourned to Closed Session to consider: (21-516) Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code Section 54956.9); Case Name: Howell v. City of Alameda; Court: Alameda Superior Court, Hall of Justice, 1225 Fallon Street, Oakland, CA; Case Numbers: RG20061693 (21-517) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: West Midway Parcel; City Negotiators: Eric Levitt, City Manager, Lisa Maxwell, Community Development Director, and Louis Liss, Base Reuse Manager; Negotiating Parties: City, Catellus, and Brookfield; Under Negotiation: Price and Terms. Not heard. (21-518) Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code Section 54956.9); Case Name: City of Alameda v. Union Pacific (Sweeney); Court: Superior Court of the State of California, County of Alameda; Case Numbers: RG18921261 (21-519) Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6); City Negotiators: Eric Levitt, City Manager, Gerry Beaudin, Assistant City 421 Special Meeting Alameda City Council September 7, 2021 Manager, and Nancy Bronstein, Human Resources Director; Employee Organizations: International Brotherhood of Electrical Workers, Local 1245 (IBEW), Electric Utility Professional Association of Alameda (EUPA), Alameda City Employees Association (ACEA), Alameda Police Officers Association Non-Sworn Unit (PANS), and Alameda Management and Confidential Employees Association (MCEA), International Association of Firefighter, Local 689 (IAFF) Alameda Fire Managers Association (AFMA), Alameda Police Officers Association (APOA) and Alameda Police Managers Association (APMA), Executive Management Employees (EXME) and Alameda Municipal Power Unrepresented Management Employees (AMPU); Under Negotiation: Salaries, Benefits and Terms of Employment (21-520) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Grandview Pavilion; City Negotiators: Eric Levitt, City Manager, Nanette Mocanu, Assistant Director of Base Reuse and Community Development, Amy Wooldridge, Recreation and Parks Director; Negotiating Parties: City of Alameda and Alameda County and Greenway Golf; Under Negotiation: Price and Terms. Not heard. Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Howell, the accident which forms the basis of this litigation took place on December 11, 2019 at 2149 Central Avenue in the City of Alameda; Donna Howell and her husband walked across the driveway/sidewalk apron with the intention of entering Central Avenue midblock; Donna Howell fell, sustaining serious injuries; she later suffered whole body organ failure and passed away on January 10, 2020; in order to avoid the expense and uncertainty of litigation, the City Council authorized the City Attorney to settle this matter in an amount not to exceed $117,500 by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5; regarding Union Pacific, the case involves an ongoing eminent domain litigation against Union Pacific (UP), where the City seeks to acquire portions of abandoned UP Railroad right-of-way on the south side of Jean Sweeney Open Space Park; the property to be acquired will be approximately 23,489 square feet, plus 2 easement acquisitions of approximately 7,532 square feet; the property will be used to provide public access to the southern neighborhood, connect with critical infrastructure and properly route the Cross Alameda Trail; the parties have reached a tentative agreement to finalize the eminent domain process without trial, whereby the City would pay approximately $1.2 million for the acquisition and agree to cooperate for the next three to six years with any application for R-2 residential zoning on the remaining UP property; for clarity, the cooperation is not a pre-commitment for approval; the Council authorized the City Attorney to resolve the litigation consistent with the tentative agreement 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; regarding Labor Negotiators, staff provided information and Council provided direction with no vote taken. 422 Special Meeting Alameda City Council September 7, 2021 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.