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/Management of Emeryville Service
Authority/Successor Agency
CITY OF EMERYVILLE
Tuesday, October 18, 2022 5:30 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 5:30 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
Council Member Scott Donahue
Council Member Dianne Martinez
Present: 2 -
3. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
4. PUBLIC COMMENT (on Closed Session Items)
There were no public comments.
5. CLOSED SESSION - CITY OF EMERYVILLE AS SUCCESSOR AGENCY TO THE
EMERYVILLE REDEVELOPMENT AGENCY
City of Emeryville Page 1 of 7 Printed on 7/6/2023
Special Closed Session ACTION MINUTES October 18, 2022
5.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
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
No reportable actions were taken.
6. CLOSED SESSION - CITY OF EMERYVILLE
6.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
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.
No reportable actions were taken.
6.1.2. ID-2022-039 Kortz v. CA Department of Transportation Alameda County Superior Court Case No. RG17-849272
No reportable actions were taken.
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
No reportable actions were taken.
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
A motion was made by Mayor Bauters, seconded by Vice Mayor Medina, to approve a settlement in the amount of $11,500. The motion carried by the following vote:
Ayes Bauters,Medina,Council Member Donahue,Council Member Martinez, and Welch
5 -
6.1.5. ID-2022-043 Welch v. Safe Harbor Marinas, LLC, e al., Alameda Superior Court Case No. HG21101262
No reportable actions were taken.
6.1.6. ID-2022-044 Harris v. City of Emeryville, Alameda Superior Court Case No.
RG21108217
No reportable actions were taken.
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Special Closed Session ACTION MINUTES October 18, 2022
6.1.7. ID-2022-195 Barry Hurford v. City of Emeryville, Alameda Superior Court Case No. RG1112527
No reportable actions were taken.
6.1.8. ID-2022-544 Michael Addy v. City of Emeryville, et al., Alameda Superior Court Case No. 22CV017988
No reportable actions were taken.
7. CLOSED SESSION - CITY OF EMERYVILLE / CITY OF EMERYVILLE AS
SUCCESSOR AGENCY TO THE EMERYVILLE REDEVELOPMENT AGENCY
7.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
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.
No reportable actions were taken.
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.
No reportable actions were taken.
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)
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Special Closed Session ACTION MINUTES October 18, 2022
Under Negotiations: Direction regarding price and terms of real estate negotiations.
No reportable actions were taken.
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.
No reportable actions were taken.
8. CLOSED SESSION - CITY OF EMERYVILLE
8.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
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.
No reportable actions were taken.
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.
No reportable actions were taken.
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.
No reportable actions were taken.
City of Emeryville Page 4 of 7 Printed on 7/6/2023
Special Closed Session ACTION MINUTES 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.
No reportable actions were taken.
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
No reportable actions were taken.
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.
No reportable actions were taken.
9. CLOSED SESSION - CITY OF EMERYVILLE
9.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: PENDING CLAIMS - Government Code Section 54956.9(d)(2):
9.1.1. ID-2022-543 Claim of Sunny Pak - EM2022-06
Attachments: Sunny Pak Claim Form
A motion was made by Vice Mayor Medina, seconded by Council Member Donahue, to approve a settlement in the amount of $5,192.00. The motion carried by the following vote:
Ayes Bauters,Medina,Council Member Donahue,Council Member Martinez, and Welch
5 -
City of Emeryville Page 5 of 7 Printed on 7/6/2023
Special Closed Session ACTION MINUTES October 18, 2022
10. CLOSED SESSION - CITY OF EMERYVILLE / MANAGEMENT OF EMERYVILLE
SERVICES AUTHORITY
10.1. PUBLIC EMPLOYEE APPOINTMENT, PUBLIC EMPLOYEE EMPLOYMENT, pursuant to Government Code Section 54957:
10.1.1. ID-2022-527 City Manager
No reportable actions were taken.
11. CLOSED SESSION - CITY OF EMERYVILLE
11.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
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.
No reportable actions were taken.
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.
No reportable actions were taken.
12. REPORTING OUT OF CLOSED SESSION
City Attorney John Kennedy reported out of Closed Session as listed above.
13. ADJOURNMENT
The meeting adjourned at 6:49 p.m.
City of Emeryville Page 6 of 7 Printed on 7/6/2023
Special Closed Session ACTION MINUTES October 18, 2022
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Emeryville City Council.
/s/ April Richardson, CMC
Acting City Clerk
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