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Special Closed Session

February 6, 2024 ·6:00 PM Final ·City Council / City as Successor Agency to the Emeryville Redevelopment Agency / Management of Emeryville Services Authority

Council Chambers / Teleconference

Agenda PDF Minutes PDF Official record ↗

Agenda — 58 items

  1. 1 This meeting is being conducted in a hybrid (in-person / Zoom) format at 1333 Park Avenue, Emeryville, California To join the meeting via Zoom, use the information provided below.
  2. 2 The City offers many ways for you to watch and participate in City matters. Public comment for Council agenda items can be submitted online via our online speaker card at www.emeryville.org/citycouncil when an agenda is posted. 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 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/84174258702?pwd=tujWd1q4WyzYsV_4qGSmpiw1pyUC5w.6fZSBYAYxhgGcNB7 Passcode: 598987 Or iPhone one-tap: +16694449171,,84174258702#,,,,*598987# Or Telephone: 669-900-6833 Webinar ID: 841 7425 8702 Passcode: 598987 International Phone Numbers: https://emeryville-org.zoom.us/u/kcJ7AKJmy
  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 are also available to view streaming on YouTube at https://www.youtube.com/user/EmeryvilleCA 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. 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 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.
  6. 6 page break
  7. 7 The AGENDA for this special meeting is as follows:
  8. 1. CALL TO ORDER
  9. 2. ROLL CALL
  10. 3. EX PARTE COMMUNICATIONS
  11. 4. PUBLIC COMMENT (on Closed Session Items)
  12. 5. CLOSED SESSION - CITY OF EMERYVILLE / MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY
  13. 5.1. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6:
  14. 5.1.1. 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)
  15. 5.1.2. 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
  16. 5.1.3. Agency Designated Representatives: Paul Buddenhagen, City Manager; Lilybell Nakamura, Human Resources Director; Greg Ramirez, IEDA; John Kennedy, City Attorney Unrepresented Employees ID-2024-035
  17. 6. CLOSED SESSION - CITY OF EMERYVILLE AS SUCCESSOR AGENCY TO THE EMERYVILLE REDEVELOPMENT AGENCY
  18. 6.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
  19. 6.1.1. 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
  20. 7. CLOSED SESSION - CITY OF EMERYVILLE
  21. 7.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
  22. 7.1.1. 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.
  23. 7.1.2. 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
  24. 7.1.3. Harris v. City of Emeryville, Alameda Superior Court Case No. RG21108217
  25. 7.1.4. Michael Addy v. City of Emeryville, et al., Alameda Superior Court Case No. 22CV017988
  26. 7.1.5. Rochelle Conner v. City of Emeryville, et al., U.S.D.C. Case No. C22-08867
  27. 7.1.6. Duane Singleton v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV029375 Claim of Duane Singleton, EM 2022-09
  28. 7.1.7. Kyle Ching v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV054260 Claim of Kyle Ching, EM 2023-04 ID-2024-012
  29. 7.1.8. 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
  30. 7.1.9. Ana Biocini v. City of Emeryville, et al., Alameda Superior Court Case No. 24CV058820 Claim of Ana Biocini, EM 2023-09 ID-2024-017
  31. 7.2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: PENDING CLAIMS - Government Code Section 54956.9(d)(2):
  32. 7.2.1. Claim of Jonathan Peterson - EM2024-01 ID-2024-032
  33. 7.3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
  34. 7.3.1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Governement Code Section 54956.9: One Potential Case. ID-2024-033
  35. 8. CLOSED SESSION - CITY OF EMERYVILLE / CITY OF EMERYVILLE AS SUCCESSOR AGENCY TO THE EMERYVILLE REDEVELOPMENT AGENCY
  36. 8.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
  37. 8.1.1. 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 West, LLC Under Negotiations: Direction regarding price and terms of real estate negotiations.
  38. 8.1.2. 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.
  39. 8.1.3. 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.
  40. 8.1.4. 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.
  41. 9. CLOSED SESSION - CITY OF EMERYVILLE
  42. 9.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
  43. 9.1.1. 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.
  44. 9.1.2. 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.
  45. 9.1.3. 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.
  46. 9.1.4. 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.
  47. 9.1.5. 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
  48. 9.1.6. 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.
  49. 9.1.7. 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 estate negotiations.
  50. 10. CLOSED SESSION - CITY OF EMERYVILLE / MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY
  51. 10.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, pursuant to Government Code Section 54957:
  52. 51 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
  53. 10.1.1. Title: City Attorney ID-2024-013
  54. 10.1.2. Title: City Manager ID-2024-025
  55. 10.2. PUBLIC EMPLOYEE APPOINTMENT, PUBLIC EMPLOYEE EMPLOYMENT, pursuant to Government Code Section 54957:
  56. 10.2.1. Title: City Attorney ID-2024-014
  57. 11. REPORTING OUT OF CLOSED SESSION
  58. 12. ADJOURNMENT