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 Courtney Welch
Council Member David Mourra
Council Member Kalimah A. Priforce
Council Member VACANT
Members:
City Council / City as Successor Agency to the Emeryville Redevelopment Agency
CITY OF EMERYVILLE
Tuesday, January 17, 2023 5:15 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 5:18 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 Courtney Welch
Council Member David Mourra
Present: 3 -
Absent: 1 - Council Member Kalimah A. Priforce
3. EX PARTE COMMUNICATIONS
Mayor Bauters and Vice Mayor Welch both reported receiving emails regarding item 8.2.2.
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
Council Member Priforce was present at 5:25 p.m.
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
City of Emeryville Page 1 of 5 Printed on 1/20/2023
Special Closed Session ACTION MINUTES January 17, 2023
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.
6.1.2. 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
6.1.3. ID-2022-043 Welch v. Safe Harbor Marinas, LLC, e al., Alameda Superior Court Case No. HG21101262
6.1.4. ID-2022-044 Harris v. City of Emeryville, Alameda Superior Court Case No.
RG21108217
6.1.5. ID-2022-195 Barry Hurford v. City of Emeryville, Alameda Superior Court Case No. RG1112527
6.1.6. ID-2022-544 Michael Addy v. City of Emeryville, et al., Alameda Superior Court Case No. 22CV017988
6.1.7. ID-2023-002 Rochelle Conner v. City of Emeryville, et al., U.S.D.C. Case No.
C22-08867
6.1.8. ID-2023-006 Stephanie Merchant v. City of Emeryville, et al., Alameda Superior Court Case No. 22CV024068
Claim of Stephanie Merchant - EM2022-05
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, City of Emeryville Page 2 of 5 Printed on 1/20/2023
Special Closed Session ACTION MINUTES January 17, 2023
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.
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
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.
City of Emeryville Page 3 of 5 Printed on 1/20/2023
Special Closed Session ACTION MINUTES January 17, 2023
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.
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.
8.2. CONFERENCE WITH LEGAL COUNSEL - PENDING CLAIMS, Pursuant to Government Code Section 54956.9(e)(3):
8.2.1. ID-2023-003 Claim of Le Thi Duong - EM2022-07
City of Emeryville Page 4 of 5 Printed on 1/20/2023
Special Closed Session ACTION MINUTES January 17, 2023
Attachments: Claim of Le Thi Duong
A motion was made by Vice Mayor Welch, seconded by Council Member Mourra, to approve a payment in the amount of $1,930.53 for the claim. The motion carried by the following vote:
Ayes Mayor Bauters,Vice Mayor Welch,Council Member Mourra, and Council Member Priforce
4 -
8.2.2. ID-2023-004 Claim of Benjamin Stein - EM2022-08
Attachments: Claim of Benjamin Stein
A motion was made by Council Member Mourra, seconded by Vice Mayor Welch, to reject the claim. The motion carried by the following vote:
Ayes Mayor Bauters,Vice Mayor Welch,Council Member Mourra, and Council Member Priforce
4 -
8.2.3. ID-2023-005 Claim of Duane Singleton - EM2022-09 Attachments: Claim of Duane Singleton
A motion was made by Council Member Mourra, seconded by Vice Mayor Welch, to reject the claim. The motion carried by the following vote:
Ayes Mayor Bauters,Vice Mayor Welch,Council Member Mourra, and Council Member Priforce
4 -
9. REPORTING OUT OF CLOSED SESSION
City Attorney John Kennedy reported out of Closed Session as shown above.
10. ADJOURNMENT
The meeting adjourned at 5:48 p.m.
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
City Clerk
City of Emeryville Page 5 of 5 Printed on 1/20/2023