pages: CityCouncil/2021-01-19.pdf, 27
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CityCouncil | 2021-01-19 | 27 | challenges filed against the City relating to the City's rezoning of a parcel west of McKay Avenue to facilitate the development of a wellness center for unhoused persons and seniors; the City previously prevailed at the trial court and the plaintiffs had appealed the trial court decision to the court of appeal; the parties have reached a resolution where by the plaintiffs would dismiss this litigation in exchange for the City not seeking further fees and costs against the plaintiffs; the Council has authorized the City Attorney to resolve this litigation and execute documents, including settlement agreements, consistent with the above and accept the dismissal on behalf of the City and the City employees/council members in their official capacity; regarding Real Property, the matter was withdrawn and not heard; regarding the Amicus, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Spencer: No; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 3; Noes: 2; the City has been asked to join numerous other local jurisdictions by authoring and/or signing on to amicus briefs to be filed in the above case to support the Los Angeles City's existing moratorium ordinance prohibiting evictions for COVID-related unpaid rent for twelve months after the expiration of the local emergency; this moratorium ordinance is similar to Alameda's existing law providing similar protections; the eviction moratorium at issue falls squarely within the City's police power to promote public health, safety, and welfare during a pandemic; the moratorium has done so by enabling residents to shelter in place and socially distance; additionally, consistent with the District Court's holdings, the moratorium does not substantially impart a landlord's contractual rights with tenants; plaintiff's expansive and incorrect reading of the Contracts Clause of the U.S. Constitution could unduly erode local control and limit state and local governmental authority to enact regulatory measures to safeguard the welfare of their residents during a crisis; the Council has authorized the City Attorney to author and/or sign amicus briefs in support of Los Angeles City in this matter, in any trial or appellate court of competent jurisdiction; regarding Nevarez, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Spencer: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5I this litigation involves claims of ADA violations by the Plaintiffs at the Corica Park Golf Course. The City has tendered the litigation to Greenway given their operation and management of the Golf Course. The City Council has authorized the City Attorney to waive certain conflicts to permit attorneys, including Gerry Ramiza and Greg Akar, at the law firm of Burke Williams & Sorensen to handle the defense of this litigation. Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:24 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 January 19, 2021 | CityCouncil/2021-01-19.pdf |