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City of San Leandro <br />Meeting Date: September 18, 2017 <br />Staff Report <br />Agenda Section:File Number:17-522 CONSENT CALENDAR <br />Agenda Number:8.I. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:City Attorney and <br />Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for a Resolution to Approve a First Amendment of Lease Between <br />the City of San Leandro and the Apple Company (The Marina Inn) <br />RECOMMENDATION: <br />City Council should approve the resolution that amends the April 5, 1984 lease between the City <br />and the owners/operators of the Marina Inn, Apple Company. <br />BACKGROUND <br />The Marina Inn (“Lessee”) owns, maintains, and operates the Marina Inn Property pursuant to a <br />ground lease entered into between the City and the Lessee approved by the City Council on April <br />2, 1984, and executed April 5, 1984 (the “Lease”). On or about July 20, 2015, the City Council <br />adopted Resolution No. 2015-125 (the “Resolution”) certifying the Environmental Impact Report <br />(the “EIR”), adopting mitigation finds, findings concerning alternatives, a statement of overriding <br />considerations and a mitigation monitoring program under the California Environmental Quality <br />Act (“CEQA”) for the specific activities and approvals that collectively constitute the “San Leandro <br />Shoreline Development Project” described in Chapter 3 of the EIR (the “Project”). <br />On or about August 18, 2015, the Coalition for the San Leandro Shoreline filed a verified petition <br />for writ of mandate (“Petition”) against the City entitled Coalition for the San Leandro Shoreline, <br />an unincorporated association v. City of San Leandro, City Council of San Leandro and Does 1 <br />through 10, Alameda County Superior Court Case No. RG 15782404 (the “Action”), in which it <br />alleged that the City had violated CEQA by its actions approving the Resolution. On or about <br />June 8, 2016, the City filed an answer to the Petition in the Action, in which the City denied all of <br />the material allegations in the Petition and asserted affirmative defenses. <br />Page 1 City of San Leandro Printed on 9/12/2017