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File Number: 14-242 <br />Homeowners Association to the City Council , the City Council affirmed the BZA’s decision and <br />denied the appeal on April 1, 2013 through the adoption of City Council Resolution No. <br />2013-042. <br />On May 1, 2013, Heron Bay Homeowners Association appealed the City Council Resolution <br />No. 2013-042 by filing a Petition for Writ of Mandate in Alameda County Superior Court . On <br />April 24, 2014, the Alameda County Superior Court granted Heron Bay Homeowners’ <br />Association’s writ of mandate and ordered the City to set aside and vacate the <br />aforementioned resolutions as well as previously adopted Project approvals and findings. <br />The City must comply with the Court’s order ; not doing so would cause the City, and possibly <br />individual City Councilmembers , to be in contempt. Therefore, staff recommends that the City <br />Council approve a resolution to vacate Board of Zoning Adjustments Resolution Nos . 01-13 <br />and 02-13 and City Council Resolution No. 2013-043, and order Halus Power Systems to <br />refrain from undertaking or suspend any construction of the Project or any activity pursuant to <br />or in reliance on the vacated Project approvals in order to comply with the Alameda County <br />Superior Court’s order . This will ensure that the City effectuates , fulfills and complies with the <br />Court’s order. <br />PREPARED BY: Richard D. Pio Roda, City Attorney <br />Page 2 City of San Leandro Printed on 6/10/2014