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 Sukhdeep Kaur
Council Member David Mourra
Council Member Kalimah A. Priforce
Members:
--AMENDED--
City Council /
City as Successor Agency to the Emeryville Redevelopment Agency /
Management of Emeryville Services Authority
CITY OF EMERYVILLE
Tuesday, July 18, 2023 5:45 PM Council Chambers / Teleconference
1. CALL TO ORDER
The meeting was called to order at 5:45 p.m.
2. ROLL CALL
Mayor John J. Bauters
Vice Mayor Courtney Welch
Council Member Sukhdeep Kaur
Council Member David Mourra
Council Member Kalimah A. Priforce
Present: 5 -
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
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
6. CLOSED SESSION - CITY OF EMERYVILLE
City of Emeryville Page 1 of 6 Printed on 9/7/2023
Special Closed Session ACTION MINUTES July 18, 2023
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-2022-044 Harris v. City of Emeryville, Alameda Superior Court Case No.
RG21108217
6.1.4. ID-2022-195 Barry Hurford v. City of Emeryville, Alameda Superior Court Case No. RG1112527
6.1.5. ID-2022-544 Michael Addy v. City of Emeryville, et al., Alameda Superior Court Case No. 22CV017988
6.1.6. ID-2023-002 Rochelle Conner v. City of Emeryville, et al., U.S.D.C. Case No.
C22-08867
6.1.7. ID-2023-006 Stephanie Merchant v. City of Emeryville, et al., Alameda Superior Court Case No. 22CV024068
Claim of Stephanie Merchant - EM2022-05
6.1.8. ID-2023-148 Duane Singleton v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV029375; Claim of Duane Singleton, EM 2022-09
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-2023-155 Property: 5959 Horton Street, Emeryville, CA (Amtrak Station Parcel)
APN: 049-1325-001-02
Agency Negotiators: Paul Buddenhagen, 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 City of Emeryville Page 2 of 6 Printed on 9/7/2023
Special Closed Session ACTION MINUTES July 18, 2023
West, LLC
Under Negotiations: Direction regarding price and terms of real estate negotiations.
7.1.2. ID-2023-156 Property: APN: 049-1325-001-04 Platform Parcel 4 Agency Negotiators: Paul Buddenhagen, 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-2023-157 Property: APN: 049-1325-002 Platform Parcel 3 Agency Negotiators: Paul Buddenhagen, 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-2023-158 Property: 59th Street Extension (Portion) Agency Negotiators: Paul Buddenhagen, 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-2023-159 Property: APN: 049-1489-16 Platform Parcel 2 Agency Negotiators: Paul Buddenhagen, 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.
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Special Closed Session ACTION MINUTES July 18, 2023
8.1.2. ID-2023-160 Property: APN: 049-1489-010-05 Platform Parcel 1 Agency Negotiators: Paul Buddenhagen, 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-2023-161 Property: APN 049-1489-015 (Portion) (Bus Bays and Parking Spaces)
Agency Negotiators: Paul Buddenhagen, 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-2023-162 Property: APN 049-1489-015 (Portion) (Bus Bays) Agency Negotiators: Paul Buddenhagen, 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-2023-163 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: Paul Buddenhagen, 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-2023-164 Property: 4300 San Pablo Avenue, Emeryville, CA (APN 49-1079-014-01)
Agency Negotiators: Paul Buddenhagen, 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.
8.1.7. ID-2023-307 Property: 1245 Powell St., Emeryville, CA (APN 49-1314-001-01) Agency Negotiators: Paul Buddenhagen, City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville and Bahman Ghaziani Under Negotiations: Direction regarding price and terms of real City of Emeryville Page 4 of 6 Printed on 9/7/2023
Special Closed Session ACTION MINUTES July 18, 2023
estate negotiations.
8.2. CONFERENCE WITH LEGAL COUNSEL - PENDING CLAIMS, Pursuant to Government Code Section 54956.9(e)(3):
8.2.1. ID-2023-306 Claim of Michael Hunter - EM2023-06
Attachments: Claim of Michael Hunter
A motion was made by Vice Mayor Welch, seconded by Council Member Mourra, to approve a settlement in the amount of $250.00 for towing costs. The motion carried by the following vote:
Ayes Mayor Bauters,Vice Mayor Welch,Council Member Kaur,Council Member Mourra, and Council Member Priforce
5 -
9. CLOSED SESSION - CITY OF EMERYVILLE / MANAGEMENT OF EMERYVILLE
SERVICES AUTHORITY
9.1. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6:
9.1.1. ID-2023-173 Agency Designated Representatives: Paul Buddenhagen, City Manager; Lilybell Nakamura, Human Resources Director; Greg Ramirez, IEDA; John Kennedy, City Attorney
Employee Organization: Emeryville Association of Confidential Administrative Management and Professional Employees (CAMP)
9.1.2. ID-2023-174 Agency Designated Representatives: Paul Buddenhagen, City Manager; Lilybell Nakamura, Human Resources Director; Greg Ramirez, IEDA; John Kennedy, City Attorney
Employee Organization: Emeryville Police Officers' Association (EPOA)
9.1.3. ID-2023-175 Agency Designated Representatives: Paul Buddenhagen, City Manager; Lilybell Nakamura, Human Resources Director; Greg Ramirez, IEDA; John Kennedy, City Attorney
Employee Organization: Service Employees International Union (SEIU), Local 1021
10. REPORTING OUT OF CLOSED SESSION
City Attorney John Kennedy reported out of Closed Session as shown above.
11. ADJOURNMENT
The meeting adjourned at 6:31 p.m.
City of Emeryville Page 5 of 6 Printed on 9/7/2023
Special Closed Session ACTION MINUTES July 18, 2023
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 / Management of Emeryville Services Authority.
/s/ April Richardson, CMC
City Clerk / Secretary
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