pages: CityCouncil/2007-08-21.pdf, 3
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CityCouncil | 2007-08-21 | 3 | Mayor Johnson inquired what is the timeframe for the litigation. The City Attorney responded the matter has just been appealed; stated the Court of Appeal issue will take more than a year to make a decision. Mayor Johnson inquired whether the issue is now going to the Court of Appeal, to which the City Attorney responded in the affirmative. Debra Arbuckle, Alameda, stated the project has been going on for a long time the intended use was a passive open space park; the railroad has been stonewalling the City; the City does not own the property; the matter should be postponed; discussion should take place when the City has the property. Mayor Johnson inquired whether the City would not receive a decision from the Court of Appeal for at least a year. The City Attorney responded in the affirmative; stated a year would be optimistic; a decision could take a year and a half. Mayor Johnson inquired why the matter would take so long. The City Attorney responded the decision of the Trial Court was reached in November 2006; stated the exact wording of the Judge's order took five or six months there was a motion for a new trial; the City prevailed on both matters. Mayor Johnson inquired whether the City is prepared to oppose time extensions and delays from the railroad. The City Attorney responded in the affirmative; stated an appeal was filed at the end of July; a briefing schedule has not been established by the Court of Appeal. Vice Mayor Tam inquired whether the appeal process would be affected by engaging in a master planning process that solicits broad community input. The City Attorney responded it is difficult to say; stated parties should be restricted to the record established at trial; she anticipates that the railroad would review the City's proposed planning activities, read newspaper articles, and bring said information into the mix as to who should get the property. Mayor Johnson inquired what is the timeframe for receiving public input. Regular Meeting 3 Alameda City Council August 21, 2007 | CityCouncil/2007-08-21.pdf |