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:
City Council / City as Successor Agency to the Emeryville Redevelopment Agency
CITY OF EMERYVILLE
Tuesday, July 5, 2022 6:45 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 6:45 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 / CITY OF EMERYVILLE AS
SUCCESSOR AGENCY TO THE EMERYVILLE REDEVELOPMENT AGENCY
5.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
5.1.1. ID-2022-148 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.
City of Emeryville Page 1 of 2 Printed on 7/7/2022
Special Closed Session ACTION MINUTES July 5, 2022
17-CV-00308-WHO
A motion was made by Council Member Donahue, seconded by Council Member Welch, to accept a Settlement Agreement which included the following terms: a lump sum cash payment to the Successor Agency of $33 million dollars, a “structured” settlement of the three defendants’ contribution claims against Hanson/Marchant which were assigned to Emeryville, and an agreement that Emeryville would continue to litigate the defendants’ assigned claims as a "tag-along” to Emeryville’s claims against defendant Hanson.
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. REPORTING OUT OF CLOSED SESSION
City Attorney Kennedy reported out of Closed Session as shown above.
7. ADJOURNMENT
The meeting adjourned at 7:09 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular 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 2 of 2 Printed on 7/7/2022