Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
ACTION MINUTES
Special Closed Session
Mayor John J. Bauters
Vice Mayor Ally Medina
Council Member Scott Donahue
Council Member Dianne Martinez
Council Member Courtney Welch
Members:
-- AMENDED --
City Council / Successor Agency
CITY OF EMERYVILLE
Tuesday, April 19, 2022 5:45 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 5:45 p.m.and the Mayor read aloud a statement announcing that the meeting was being conducted by teleconference pursuant to the extension of Brown Act waivers provided for under Assembly Bill 361, as would subsequent meetings so long as the City Council could make findings that it was necessary in order to protect public safety and the Governor's declared emergency remained in effect.
2. ROLL CALL
Mayor John J. Bauters
Vice Mayor Ally Medina
Council Member Scott Donahue
Council Member Dianne Martinez
Council Member Courtney Welch
Present: 5 -
3. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
4. PUBLIC COMMENT (on Closed Session Items)
There were no comments made.
5. CLOSED SESSION - CITY OF EMERYVILLE
5.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
5.1.1. ID-2022-038 In the Matter of Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, 9th City of Emeryville Page 1 of 3 Printed on 9/13/2022
Special Closed Session ACTION MINUTES April 19, 2022
Circuit Court of Appeals, Appeal No. 20-72749; WT Docket No. 19-250, RM-11849.
No reportable action was taken.
5.1.2. ID-2022-039 Kortz v. CA Department of Transportation Alameda County Superior Court Case No. RG17-849272
No reportable action was taken.
5.1.3. ID-2022-040 The Successor Agency to the Former Emeryville Redevelopment Agency and the City of Emeryville v. Swagelok Company, et. al., U.S.D.C., Case No. 17-CV-00308-WHO
No reportable action was taken.
5.1.4. ID-2022-042 Jon Reed, Laura Berry, Frank Eugene Moore III, Gabriel Smithson, and Where Do We Go Berkeley v. City of Emeryville, et al., U.S.D.C., Case No. 21-cv-2781-YGR
No reportable action was taken.
5.1.5. ID-2022-043 Welch v. Safe Harbor Marinas, LLC, e al., Alameda Superior Court Case No. HG21101262
No reportable action was taken.
5.1.6. ID-2022-044 Harris v. City of Emeryville, Alameda Superior Court Case No.
RG21108217
No reportable action was taken.
5.1.7. ID-2022-195 Barry Hurford v. City of Emeryville, Alameda Superior Court Case No. RG1112527
No reportable action was taken.
5.2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: PENDING CLAIMS - Government Code Section 54956.9(d)(2):
5.2.1. ID-2022-172 Claim of Holly Sullinger - EM2022-02 A motion was made by Council Member Welch, seconded by
Council Member Medina, to deny the claim that was the subject of this matter. The motion carried by the following vote:
Ayes Mayor Bauters,Vice Mayor Medina,Council Member Donahue,Council Member Martinez, and Council Member Welch
5 -
6. CLOSED SESSION - CITY OF EMERYVILLE AS SUCCESSOR AGENCY TO THE
EMERYVILLE REDEVELOPMENT AGENCY
6.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
6.1.1. ID-2022-037 The Successor Agency to the Former Emeryville Redevelopment City of Emeryville Page 2 of 3 Printed on 9/13/2022
Special Closed Session ACTION MINUTES April 19, 2022
Agency and the City of Emeryville v. Swagelok Company, et. al., U.S.D.C., Case No. 17-CV-00308-WHO
No reportable action was taken.
7. REPORTING OUT OF CLOSED SESSION
City Attorney John Kennedy reported out of Closed Session as shown above.
8. ADJOURNMENT
The meeting adjourned at 5:53 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a special meeting of the Emeryville City Council / City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency.
/s/ Sheri Hartz, CMC
City Clerk / Secretary
City of Emeryville Page 3 of 3 Printed on 9/13/2022