Special Closed Session
AGENDA
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
CITY OF EMERYVILLE
City Council/Management of Emeryville Service Authority/Successor Agency Members:
Mayor John J. Bauters
Vice Mayor Ally Medina
Council Member Scott Donahue
Council Member Dianne Martinez
Council Member Courtney Welch
Tuesday, October 18, 2022 5:30 PM Teleconference
A complete copy of the agenda packet is available on the city’s website at www.emeryville.org/citycouncil. Before the Council meeting, all writings that are public records and relate to an agenda item below which are distributed to a majority of the legislative body less than 72 hours prior to the meeting noticed above will be made available as “late correspondence” and will be published on the agenda beneath the relevant agenda item. The meeting is shown live on the City of Emeryville television channel (ETV), cable channel 27, and will be rebroadcast as part of the regular City Council, Successor Agency, Community Development Commission, Management of Emeryville Services Authority (MESA) and related meetings according to the published ETV schedule of programs. Council meetings will also be available to view through live media streaming accessible from the City of Emeryville website at www.emeryville.org/citycouncil.
You can request free copies of the Emeryville City Council, Successor Agency, Community Development Commission, Management of Emeryville Services Authority (MESA) and related agendas in digital format for the current calendar year by going to our website at www.emeryville.org/notifyme.
Simply fill out your information, check “City Council Agendas”, and click the “Subscribe” button. By doing so, you will automatically receive all of the agendas for the year via email.
INFORMATION FOR CLOSED SESSION MEETING DURING A DECLARED STATE OF
EMERGENCY
(to continue until further notice):
Pursuant to California Assembly Bill 361, a local legislative body is authorized to hold public meetings remotely and to make those meetings accessible to all members of the public seeking to observe and to address the local legislative body by remote means only via a technology solution. As such, the City will provide various options for the public to participate in the conduct of the meeting, as indicated in detail below on this cover sheet.
The City will further adhere to the means otherwise prescribed by the Brown Act, which allows members of the public the right to observe and offer public comment during the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such rights of access and public comment be made available in a manner consistent with the Americans with Disabilities Act).
In addition to the mandatory conditions set forth above, the City will use sound discretion and make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Brown Act, and City of Emeryville Page 1 of 7 Printed on 10/7/2022
Special Closed Session AGENDA October 18, 2022
other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to their meetings.
The City offers many ways for you to watch and participate in City matters during this time where you may not attend in person. Our City Council meetings are streamed live and on Emeryville TV.
Additionally, public comment for Council agenda items can be submitted online via our online speaker card when an agenda is posted. Written comments can also be submitted by email to [email protected] or the Acting City Clerk, April Richardson, at [email protected]. If you would like to support, oppose, or otherwise comment on an upcoming agenda item, please send in your comments prior to the meeting since there is no option to attend in person.
If you prefer to participate in the meeting using Zoom, please use the information provided here:
Please click the link below to join the webinar:
https://emeryville-org.zoom.us/j/85782070735?pwd=UDE0Qk1RL2xBNUd6bHAvOTZ4NHVTdz09 Passcode: 959263
iPhone one-tap: US +16699006833,,85782070735#,,,,*959263# Telephone: US +1 669-900-6833
Webinar ID: 857 8207 0735
Passcode: 959263
International Phone Numbers: https://emeryville-org.zoom.us/u/kd56ybrH7g In compliance with the Americans with Disabilities Act, a person requiring an accommodation, auxiliary aid, or service to participate in this meeting should contact the City Clerk ’s Office or ADA Coordinator at (510) 596 4300, as far in advance as possible but no later than 72 hours before the scheduled event.
The best effort to fulfill the request will be made. Assistive listening devices are available for anyone with hearing difficulty from the City Clerk prior to the meeting, and must be returned to the City Clerk at the end of the meeting.
Any person who desires to speak on any item listed on the Closed Session Agenda may do so during that portion of the Agenda called Public Comment. The speaker's time is limited to 3 minutes and can only be extended upon approval of the Presiding Officer. If you are submitting your comments using the online comment card, please be aware that they will be read aloud into the record and will still be limited to the 3-minute time limit.
CLOSED SESSION: The Mayor may convene the City Council into Closed Session at the close of the meeting to consider matters of pending or threatened litigation, personnel matters, real property negotiations, or labor negotiations, pursuant to Government Code Sections 54956.9, 54957, 54956.8, or 54957.6.
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Special Closed Session AGENDA October 18, 2022
The AGENDA for this special meeting is as follows:
1. CALL TO ORDER
2. ROLL CALL
3. EX PARTE COMMUNICATIONS
4. PUBLIC COMMENT (on Closed Session Items)
CLOSED SESSION - CITY OF EMERYVILLE AS SUCCESSOR AGENCY TO THE
EMERYVILLE REDEVELOPMENT AGENCY
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
5.1. 5.1.1. ID-2022-037 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
6. CLOSED SESSION - CITY OF EMERYVILLE
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
6.1. 6.1.1. 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 Circuit Court of Appeals, Appeal No. 20-72749; WT Docket No. 19-250, RM-11849.
6.1.2. ID-2022-039 Kortz v. CA Department of Transportation Alameda County Superior Court Case No. RG17-849272
6.1.3. 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
6.1.4. 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
6.1.5. ID-2022-043 Welch v. Safe Harbor Marinas, LLC, e al., Alameda Superior Court Case No. HG21101262
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Special Closed Session AGENDA October 18, 2022
6.1.6. ID-2022-044 Harris v. City of Emeryville, Alameda Superior Court Case No. RG21108217
6.1.7. ID-2022-195 Barry Hurford v. City of Emeryville, Alameda Superior Court Case No. RG1112527
6.1.8. ID-2022-544 Michael Addy v. City of Emeryville, et al., Alameda Superior Court Case No. 22CV017988
CLOSED SESSION - CITY OF EMERYVILLE / CITY OF EMERYVILLE AS
SUCCESSOR AGENCY TO THE EMERYVILLE REDEVELOPMENT AGENCY
7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
7.1. 7.1.1. ID-2022-202 Property: 5959 Horton Street, Emeryville, CA (Amtrak Station Parcel)
APN: 049-1325-001-02
Agency Negotiators: Adam Politzer, Interim City
Manager/Executive Director; John Kennedy, City Attorney/Legal Counsel; Christie Crowl, Special Counsel
Negotiating Parties: City of Emeryville, City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, National Railroad Passenger Corporation (Amtrak); Emery Station West, LLC
Under Negotiations: Direction regarding price and terms of real estate negotiations.
7.1.2. ID-2022-203 Property: APN: 049-1325-001-04 Platform Parcel 4 Agency Negotiators: Adam Politzer, Interim City
Manager/Executive Director; John Kennedy, City Attorney/Legal Counsel; Christie Crowl, Special Counsel
Negotiating Parties: City of Emeryville, City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, National Railroad Passenger Corporation (Amtrak)
Under Negotiations: Direction regarding price and terms of real estate negotiations.
7.1.3. ID-2022-204 Property: APN: 049-1325-002 Platform Parcel 3 Agency Negotiators: Adam Politzer, Interim City
Manager/Executive Director; John Kennedy, City Attorney/Legal Counsel; Christie Crowl, Special Counsel
Negotiating Parties: City of Emeryville, City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, National Railroad Passenger Corporation (Amtrak)
Under Negotiations: Direction regarding price and terms of real estate negotiations.
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Special Closed Session AGENDA October 18, 2022
7.1.4. ID-2022-205 Property: 59th Street Extension (Portion) Agency Negotiators: Adam Politzer, Interim City
Manager/Executive Director; John Kennedy, City Attorney/Legal Counsel; Christie Crowl, Special Counsel
Negotiating Parties: City of Emeryville, City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, Emery Station West, LLC
Under Negotiation: Direction regarding price and terms of real estate negotiations.
8. CLOSED SESSION - CITY OF EMERYVILLE
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to
Government Code Section 54956.8
8.1. 8.1.1. ID-2022-196 Property: APN: 049-1489-16 Platform Parcel 2 Agency Negotiators: Adam Politzer, Interim City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville, National Railroad Passenger Corporation (Amtrak)
Under Negotiation: Direction regarding price and terms of real estate negotiations.
8.1.2. ID-2022-197 Property: APN: 049-1489-010-05 Platform Parcel 1 Agency Negotiators: Adam Politzer, Interim City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville, National Railroad Passenger Corporation (Amtrak)
Under Negotiation: Direction regarding price and terms of real estate negotiations.
8.1.3. ID-2022-198 Property: APN 049-1489-015 (Portion) (Bus Bays and Parking Spaces)
Agency Negotiators: Adam Politzer, Interim City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville, Emery Station West, LLC
Under Negotiation: Direction regarding price and terms of real estate negotiations.
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Special Closed Session AGENDA October 18, 2022
8.1.4. ID-2022-199 Property: APN 049-1489-015 (Portion) (Bus Bays) Agency Negotiators: Adam Politzer, Interim City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville, National Railroad Passenger Corporation (Amtrak), Alameda-Contra Costa Transit District
Under Negotiation: Direction regarding price and terms of real estate negotiations.
8.1.5. ID-2022-200 Property: 4060 Hollis Street (APN 049-0618-004-00) City Hall Parking Lot (APNs 049-0618-002-02,
049-0618-003-00, 049-0618-029-00)
Agency Negotiators: Adam Politzer, Interim City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville, 4060 Hollis Street, LLC
Under Negotiations: Direction regarding price and terms of real estate negotiations
8.1.6. ID-2022-201 Property: 4300 San Pablo Avenue, Emeryville, CA (APN 49-1079-014-01)
Agency Negotiators: Adam Politzer, Interim City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville and EAH, Inc.
Under Negotiations: Direction regarding price and terms of real estate negotiations.
9. CLOSED SESSION - CITY OF EMERYVILLE
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
PENDING CLAIMS - Government Code Section 54956.9(d)(2):
9.1. 9.1.1. ID-2022-543 Claim of Sunny Pak - EM2022-06
Attachments: Sunny Pak Claim Form
CLOSED SESSION - CITY OF EMERYVILLE / MANAGEMENT OF EMERYVILLE
SERVICES AUTHORITY
10. PUBLIC EMPLOYEE APPOINTMENT, PUBLIC EMPLOYEE EMPLOYMENT, pursuant to Government Code Section 54957:
10.1. 10.1.1. ID-2022-527 City Manager
11. CLOSED SESSION - CITY OF EMERYVILLE
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Special Closed Session AGENDA October 18, 2022
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to
Government Code Section 54956.8
11.1. 11.1.1. ID-2022-504 Property: 5890, 5900 and 6150 Christie Avenue APNS: 049-1493-003, 049-1493-004 and 049-1493-005
Agency Negotiators: Adam Politzer, Interim City Manager; John Kennedy, City Attorney
Negotiating Parties: City of Emeryville and Praxis
Development Group/California Landmark Group/Satellite
Affordable Housing Associates; EAH Housing; Highridge Costa; The Pacific Companies; Jonathan Rose Companies/Resources for Community Development; and/or Related California/East Bay Asian Local Development Corporation
Under Negotiations: Direction regarding price and terms of real estate negotiations.
11.1.2. ID-2022-502 Property: 3199 Powell Street (portion of APN 049-1525-002-01)
Agency Negotiators: Adam Politzer, Interim City Manager; John Kennedy, City Attorney
Negotiating Parties: City of Emeryville and Hong Kong East Ocean Restaurant, Ltd.
Under Negotiations: Direction regarding price and terms of real estate negotiations.
12. REPORTING OUT OF CLOSED SESSION
13. ADJOURNMENT
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