2024-02-20 CC CS Minutes MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -FEBRUARY 20, 2024- -5:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:17 p.m.
Roll Call — Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella
and Mayor Ezzy Ashcraft — 5. [Note: Councilmember Vella
arrived at 5:27 p.m. and Vice Mayor Daysog arrived at 5:29
p.m]
Absent: None.
Consent Calendar
(24-073) Recommendation to Approve Amy Wooldridge, Assistant City Manager, and
Michael Roush, Special Counsel to the City Attorney's Office, as Real Property
Negotiators for Tract 8570 (Lots 2, 3, 4, 5, 6, and 7), known as Submerged Properties
Adjacent to the Fernside Boulevard Public Access Pathways.
In response to Councilmember Herrera Spencer's inquiry related to staff members,
Special Counsel stated tonight is the first time the submerged parcels have been in front
of City Council for closed session; the matter came before Council peripherally regarding
the final maps for the lots as a regular agenda item; sale of the lots have to adjacent
property owners is resulting the closed session matter now before Council to discuss price
and terms.
Councilmember Herrera Spencer stated the City has negotiated other parcels; inquired
whether the City had a team of staff working on the matter.
The Assistant City Manager responded that the City has not sold any submerged parcels
and there has not been a closed session for the related submerged parcels.
Councilmember Herrera Spencer stated the previous agreement included other parcels
being sold for $10,000 each; there is historical knowledge from previous, similar
negotiations; the current parcels include the balance of the parcels.
The Assistant City Manager stated that she is unsure whether the previous matter had
been heard in closed session; the sale of previous parcels had been led by a different
legal team.
Mayor Ezzy Ashcraft stated the remaining six parcels are pathway properties; noted other
parcels were similar but did not include pathways.
Councilmember Herrera Spencer stated historical knowledge is important in how the City
approaches the matter; inquired whether there are any staff members present for both
the previous and current matter.
Special Meeting
Alameda City Council
February 20, 2024
The City Clerk responded Andrico Penick had been the main legal lead for the previous
team and is no longer with the City.
Special Counsel stated the report from 2016 does not indicate that there had been a
related closed session discussion.
Councilmember Herrera Spencer stated that she believes previous parcels were
discussed in closed session; she would prefer to have previous staff included in the
current discussion.
Mayor Ezzy Ashcraft noted the current Assistant City Manager was previously the City's
Recreation and Parks Director and has institutional knowledge of the matter.
Councilmember Herrera Spencer stated that her concern goes beyond the paths; many
other properties were discussed; she understands there are no remaining staff members
present for the current discussion.
Councilmember Herrera Spencer moved approval of the Consent Calendar.
Councilmember Jensen seconded the motion, which carried by the following voice vote:
Ayes: Councilmember Herrera Spencer, Councilmember Jensen, and Mayor Ezzy
Ashcraft—3. Absent: Councilmember Vella and Vice Mayor Daysog -2. [Items so enacted
or adopted are indicating by an asterisk preceding the paragraph number.]
The meeting was adjourned to Closed Session to consider:
(24-074) Conference with Legal Counsel — Existing Litigation Pursuant to Government
Code § 54956.9(a); Case Name: City of Alameda v. Garcia Sinclair; Court: Superior Court
of the County of Alameda; Case Numbers: 23CV056248 & 23CV057593; Court: In the
Court of Appeal of the State of California, First Appellate District, Division Two; Case
Number: A168804
(24-075) Conference with Real Property Negotiators — Pursuant to Government Code
Section 54956.8); Property: Tract 8570 (Lots 2, 3, 4, 5, 6, and 7), known as Submerged
Properties Adjacent to the Fernside Boulevard Public Access Pathways; City Negotiators:
Assistant City Manager Amy Wooldridge and Special Counsel Michael Roush;
Negotiating Parties: City of Alameda and Musso Trust (Lot 2); Zimmermann and Tse (Lot
3); Barics and Polentz (Lot 4); Walker Trust Lot 5); McDonald et. al (Lot 6); and Fisher
Trust (Lot 7); Under Negotiation: Price and Terms of Sale
Following the Closed Session, the meeting was reconvened, and the City Clerk
announced that regarding Existing Litigation, staff provided information and Council
provided direction by the unanimous voice vote — 5, and regarding Real Property, staff
provided information with no vote taken.
Special Meeting
Alameda City Council
February 20, 2024
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:04
p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Special Meeting
Alameda City Council
February 20,2024