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2020-07-21 CC CS Minutes Special Meeting Alameda City Council July 21, 2020 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -JULY 21, 2020- -5:30 P.M. Mayor Ezzy Ashcraft convened the meeting at 5:04 p.m. Roll Call – Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 5. [Note: The meeting was held via WebEx.] Absent: None. Consent Calendar: Vice Mayor Knox White moved approval of the Consent Calendar. Councilmember Oddie seconded, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*20-493) Recommendation to Approve Amy Wooldridge, Recreation and Parks Director, Eric Levitt, City Manager, and Michael Roush, Chief Assistant City Attorney as Real Property Negotiators with Alameda Unified School District for the Joint Use Agreement for Operation and Maintenance of District Swimming Pools. Accepted. The meeting was adjourned to Closed Session to consider: (20-494) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Swim Centers at Alameda High School, 2200 Central Avenue and Encinal High School, 210 Central Avenue ; City Negotiators: Eric J. Levitt, City Manager; Michael Roush, Chief Assistant City Attorney; Amy Wooldridge, Recreation and Parks Director; Negotiating Parties: City of Alameda and Alameda Unified School District: Under Negotiation: Terms for the Encinal and Alameda High School Swim Centers Joint Use Agreement for maintenance and operations (20-495) Conference with Legal Counsel: Workers’ Compensation Claim (Pursuant to Government Code Section 54956.95); Claimant: Employee – Fire Department; Claim Nos.: ALAZ-005257 and ALAY-005163; Agency Claimed Against: City of Alameda (20-496) Conference with Legal Counsel: Workers’ Compensation Claim (Pursuant to Government Code Section 54956.95); Claimant: Employee – Fire Department; Claim Nos.: ALAW -004967 and ALAR-004680; Agency Claimed Against: City of Alameda (20-497) Conference with Legal Counsel: Workers’ Compensation Claim (Pursuant to Government Code Section 54956.95); Claimant: Employee – Fire Department; Claim Special Meeting Alameda City Council July 21, 2020 Nos.: ALAU-004791, ALAX-005107, and ALAY-005194; Agency Claimed Against: City of Alameda (20-498) Conference with Legal Counsel: Existing Litigation (Pursuant to Government Code Section 54956.9); Requests for the City to participate as amicus in pending litigations; Case Name: Fulton v. City of Philadelphia; Court: United States Supr eme Court; Case Number: 19-123 (20-499) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Site A at Alameda Point; City Negotiators: Eric J. Levitt, City Manager; Debbie Potter, Community Development Direct or; Michelle Giles, Redevelopment Project Manager; and Lisa Nelson Maxwell, Assistant City Attorney; Negotiating Parties: City of Alameda and Alameda Point Partners: Under Negotiation: Price and Terms Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding the Swim Centers, staff provided information and Council provided direction with no vote taken; regarding Site A, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5; regarding ALAZ-005257, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5: these two workers’ compensation claims were filed by a former Firefighter who first joined the City on September 26, 1987; applicant experienced a cardiovascular episode on August 7, 201 8 while on duty at the Fire Station; applicant also experienced vertigo and loss of hearing on September 11, 2017; applicant retired from duty in November 2018; the Council authorized the City Attorney to settle the pending workers’ compensation claims in an amount not to exceed $130,000; regarding ALAW -004967, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5: these two workers’ compensation claims were filed by a former Firefighter who first joined the City on April 13, 1997; applicant suffered an injury on September 22, 2015 while carrying salvage materials at a residential structure fire on Buena Vista Avenue ; applicant also suffers from hearing loss and tinnitus, which was documented on April 18, 2012 ; the applicant was unable to ever return to full duty and retired via industrial disability retirement in August 2016; the Council authorized the City Attorney to settle pending workers’ compensation claims in an amount not to exceed $85,000 ; regarding ALAU-004791, staff provided information and provided direction by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5: these three workers’ compensation claims were filed by a former Firefighter who first joined the City on April 11, 2005 ; applicant suffered an injury on May 9, 2014, while conducting an equipment check on a Fire engine; applicant also suffered an injury on March 1, 2017, while stepping off a Fire engine; applicant had another injury on January 7, 2018, while moving an unresponsive patient down stairs of a private residence on Flint Drive; applicant retired on December 2018; the Council Special Meeting Alameda City Council July 21, 2020 authorized the City Attorney to settle the pending workers’ compensation claims in an amount not to exceed $145,000 ; regarding Existing Litigation, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5: the City has been asked to join numerous other local jurisdictions by signing on to an amicus brief to be filed in the above case where the Unit ed State Supreme Court will consider whether the First Amendment requires Philadelphia to continue to contract with a private, faith-based foster-care agency that refuses to work with same-sex couples, in contravention of the city’s non-discrimination ordinance; a US District Court in Eastern District of Pennsylvania denied the Plaintiffs’ request for a preliminary inju nction against the City and the Third Circuit affirmed; the amicus brief seeks to support the City of Philadelphia, in part because a ruling in favor of the Plaintiffs could have dramatic impacts on a whole host of governmental services, implicate other types of discrimination or even contract terms beyond the commitment not to discriminate when performing under the contract and critically imp air local jurisdictions’ ability to deliver services effectively and enforce the terms of the contracts they enter into with service - providers; yhe Council voted to authorize the City Attorney to sign the amicus brief as requested. Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:36 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.