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Special Closed Session

October 15, 2024 ·7:00 PM Final ·City Council / City as Successor Agency to the Emeryville Redevelopment Agency / Management of Emeryville Services Authority

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 45 items

  1. 1 This meeting is being conducted in-person at 1333 Park Avenue, Emeryville, California
  2. 2 Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person. Public comment for Council agenda items can be submitted online via our written comment card at www.emeryville.org/citycouncil. Written comments can also be submitted by email to city_council@emeryville.org or to the City Clerk at city_clerk@emeryville.org. If you would like to support, oppose, or otherwise comment on an upcoming agenda item, please send in your comments prior to the meeting.
  3. 3 The link below allows public viewing of the meeting (no public comment via Zoom): Please click the link below to join the webinar: https://emeryville-org.zoom.us/j/84868392146?pwd=HPE0ikEfzEot6uhRxB91tW4pGPoXfA.ePUy_SekYqPvsrgi Passcode: 048213 Telephone: 669-900-6833 Webinar ID: 848 6839 2146 Passcode: 048213
  4. 4 A complete copy of the agenda packet is available for viewing at the Information Center at City Hall, located at 1333 Park Avenue, Emeryville, California, and 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. Copies will also be available at the Information Counter at City Hall during normal business hours. 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, Management of Emeryville Services Authority, 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, Management of Emeryville Services Authority, and related agendas, in digital format 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 and/or text. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. There will be no separate discussion of these items unless good cause is shown prior to the time the Council votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Presiding Officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the Hearing is closed and brought back to Council level for discussion and action. There is no further comment permitted from the audience unless requested by the Council. No animals shall be allowed at or brought in to a public meeting by any person except (i) as to members of the public or City staff utilizing the assistance of a service animal, which is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability; or (ii) as to police officers utilizing the assistance of a dog(s) in law enforcement duties. 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 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. Public Comment: Each speaker is limited to three minutes to present their comments to the City Council at each speaking opportunity. At the discretion of the Presiding Officer, time limits may be further adjusted. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council, Successor Agency, Management of Emeryville Services Authority, or related meeting. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that would potentially violate the Fair Employment and Housing Act – i.e., statements or conduct that is hostile, intimidating, oppressive, or abusive – is per se disruptive to a meeting and will not be tolerated.
  5. 5 PLEASE NOTE: Council Member Bauters will participate in the meeting remotely from the site listed below. The meeting agenda will be posted at the remote site, and the site is accessible to the public. Anyone wishing to address the City Council from the remote site will be provided with an opportunity to do so. LOCATION: Fairfield Inn & Suites (501 W. Washington Street. Indianapolis, Indiana 46204)
  6. 6 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.
  7. 7 page break
  8. 8 The AGENDA for this special meeting is as follows:
  9. 1. CALL TO ORDER ▶ jump to 0:01
  10. 2. ROLL CALL ▶ jump to 1:00
  11. 3. EX PARTE COMMUNICATIONS
  12. 4. PUBLIC COMMENT (on Closed Session Items)
  13. 5. CLOSED SESSION - CITY OF EMERYVILLE AS SUCCESSOR AGENCY TO THE EMERYVILLE REDEVELOPMENT AGENCY
  14. 5.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
  15. 5.1.1. 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
  16. 6. CLOSED SESSION - CITY OF EMERYVILLE
  17. 6.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
  18. 6.1.1. 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.
  19. 6.1.2. 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
  20. 6.1.3. Rochelle Conner v. City of Emeryville, et al., U.S.D.C. Case No. C22-08867
  21. 6.1.4. Duane Singleton v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV029375 Claim of Duane Singleton, EM 2022-09
  22. 6.1.5. Kyle Ching v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV054260 Claim of Kyle Ching, EM 2023-04 ID-2024-012
  23. 6.1.6. Muneer Nageeb Ali v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV056233 Claim of Muneer Nageeb Ali, EM 2023-08 ID-2024-016
  24. 6.1.7. Ana Biocini v. City of Emeryville, et al., Alameda Superior Court Case No. 24CV058820 Claim of Ana Biocini, EM 2023-09 ID-2024-017
  25. 6.1.8. Nearcast, Inc. v. City of Emeryville, Alameda County Superior Court Case No. 24CV062655 ID-2024-151
  26. 6.1.9. Grocery Outlet, Inc. v. City of Emeryville, Alameda Superior Court Case No. 24CV069470 ID-2024-152
  27. 6.1.10. Taurice Williams v. City of Emeryville, et al., U.S. District Court, Case No. 24-CV-02105 LB Claim of Taurice Williams, EM 2023-11 ID-2024-284
  28. 6.1.11. Mariama Sadio v. City of Emeryville, et al., Alameda County Superior Court, Case No. 24CV091400 Claim of Mariama Sadio, EM 2024-06 ID-2024-409
  29. 7. CLOSED SESSION - CITY OF EMERYVILLE / CITY OF EMERYVILLE AS SUCCESSOR AGENCY TO THE EMERYVILLE REDEVELOPMENT AGENCY
  30. 7.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
  31. 7.1.1. 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. ID-2024-398
  32. 7.1.2. 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. ID-2024-399
  33. 7.1.3. 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. ID-2024-400
  34. 7.1.4. 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. ID-2024-401
  35. 8. CLOSED SESSION - CITY OF EMERYVILLE
  36. 8.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
  37. 8.1.1. 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. ID-2024-403
  38. 37 I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a 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
  39. 8.1.2. 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. ID-2024-404
  40. 8.1.3. 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. ID-2024-405
  41. 8.1.4. 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. ID-2024-406
  42. 8.1.5. 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. ID-2024-407
  43. 8.1.6. Property: 1245 Powell St., Emeryville, CA (APN 49-1314-001-01) Agency Negotiators: Adam Politzer, Interim 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 estate negotiations. ID-2024-408
  44. 9. REPORTING OUT OF CLOSED SESSION
  45. 10. ADJOURNMENT