2024-07-02 CC CS Minutes MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JULY 2, 2024- -5:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:03 p.m.
Roll Call — Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella and
Mayor Ezzy Ashcraft—5. [Note: Councilmember Vella arrived at
6:11 p.m. and was present via teleconference from 5733 Noni
Street, Kauai, HI 96746.]
Absent: None.
Consent Calendar
Councilmember Herrera Spencer stated there was a request substitute the City Attorney for
the Assistant City Attorney as a negotiator for 2440 Monarch Street [paragraph no. 24-407];
inquired whether the substitute can be made.
The City Attorney stated that Council could added him, but requested that the Assistant City
Attorney remain as a negotiator.
Councilmember Herrera Spencer stated that she would be happy to move approval of the
Consent Calendar with the addition of the City Attorney as a negotiator for 2440 Monarch
Street.
In response to Mayor Ezzy Ashcraft's inquiry why the change is being proposed,
Councilmember Herrera Spencer stated there was request from one of the parties.
Mayor Ezzy Ashcraft inquired which party made the request, to which Councilmember
Herrera Spener responded Steeltown; stated there was an email; there were multiple
requests in the email; read the sentence requesting the City Attorney be added as a
negotiator.
Councilmember Jensen stated the City enters into lease negotiations often; expressed
concern about having a different process for one lease.
Mayor Ezzy Ashcraft concurred with Councilmember Jensen; stated that she will not support
the request.
Councilmember Herrera Spencer moved approval of the 390 West Oriskany Avenue
[paragraph no. 24-406] negotiators.
Councilmember Jensen seconded the motion, which carried by unanimous voice vote — 4.
[Absent: Councilmember Vella — 1.]
Councilmember Herrera Spencer moved approval of adding the City Attorney to the
negotiating team for 2440 Monarch Street.
Special Meeting
Alameda City Council
July 2,2024
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Councilmember Jensen seconded the motion.
Under discussion, Mayor Ezzy Ashcraft noted the motion is to deviate from the usual process.
Councilmember Jensen withdrew her second of the motion.
Vice Mayor Daysog stated that he would support the status quo.
The motion failed for a lack of second.
Councilmember Jensen moved approval of the 2440 Monarch Street negotiators.
Vice Mayor Daysog seconded the motion, which carried the following voice vote: Ayes:
Councilmembers Daysog, Jensen, and Mayor Ezzy Ashcraft — 3. Noes: Councilmember
Herrera Spencer— 1. [Absent: Councilmember Vella — 1.] [Items so enacted or adopted are
indicating by an asterisk preceding the paragraph number.]
(*24-406) Recommendation to Approve Jennifer Ott, City Manager, Abigail Thorne-Lyman,
Base Reuse and Economic Development Director, Alesia Strauch, Base Reuse Manager,
John McManus, Managing Director, Cushman & Wakefield, and Len Aslanian, Assistant City
Attorney, as Real Property Negotiators for 390 West Oriskany Avenue (srmErnst
Development Partners). Accepted.
(*24-407) Recommendation to Approve Jennifer Ott, City Manager, Abigail Thorne-Lyman,
Base Reuse and Economic Development Director, Alesia Strauch, Base Reuse Manager,
Andrew Schmeider, Cushman & Wakefield, and Len Aslanian, Assistant City Attorney, as
Real Property Negotiators for 2440 Monarch Street (Steeltown Winery LLC). Accepted.
The meeting was adjourned to Closed Session to consider:
(24-408) Conference with Legal Counsel — Existing Litigation Pursuant to Government Code
§ 54956.9(a); Case Name: In Re: National Prescription Opiate Litigation; Court: United States
District Court Northern District of Ohio Eastern Division; Case Number: MDL 2804 Case No.
1:17-md 2804
(24-409) Conference with Legal Counsel — Potential Litigation; Initiation of Litigation Pursuant
to Government Code Section 54956.9, Subsection (d)(4) Number of Cases: One (As Plaintiff
- City Initiating Legal Action); Potential Defendant: Jonathan Lynch
(24-410) Conference with Real Property Negotiators Pursuant to Government Code §
56956.8; Property: 390 W. Oriskany Avenue; City Negotiators: City Manager Jennifer Ott,
Base Reuse and Economic Development Director Abigail Thorne-Lyman, Base Reuse
Manager Alesia Strauch, Assistant City Attorney Len Aslanian, Cushman & Wakefield
Managing Director, John McManus; Negotiating Parties: City of Alameda and srmErnst
Development Partners; Under Negotiation: Price and terms of Sale
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Alameda City Council
July 2,2024
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(24-411) Conference with Real Property Negotiators Pursuant to Government Code §
56956.8; Property: 2440 Monarch Street (Building 43); City Negotiators: City Manager
Jennifer Ott, Base Reuse and Economic Development Director Abigail Thorne-Lyman, Base
Reuse Manager Alesia Strauch, Assistant City Attorney Len Aslanian, Cushman & Wakefield
Managing Director, John McManus; Negotiating Parties: City of Alameda and Steeltown
Winery LLC; Under Negotiation: Price and terms of Lease
Following the Closed Session, the meeting was reconvened, and the City Clerk announced
that regarding Existing Litigation, the case involves litigation against a prescription opioid
distributor; a nationwide settlement has been reached to resolve a case brought by states
and local political subdivisions against Kroger, a regional pharmacy; the settlement provides
that in return for a release of claims against the defendant, the states and local political
subdivisions shall receive up to a combined total of$1.2 billion; the City of Alameda is eligible
to participate in the settlement although it is not a named plaintiff in the litigation; the City's
share of the settlement funds of approximately to $59,000 total over an 11-year time period;
the Council unanimously [4 ayes with Councilmember Vella absent] authorized the City
Attorney to resolve this litigation on behalf of the City of Alameda by consenting and
participating in the settlement; after electing to consent and participate in the settlement, the
City may later choose to receive its share of the settlement funds to be used for designated
opioid abatement purposes, or can instead allow its share of the funds to be directed to the
County of Alameda as the default option; regarding Potential Litigation, staff provided
information and Council unanimously [4 ayes with Councilmember Vella absent] provided
direction; regarding 390 W. Oriskany Avenue, staff provided information and Council provided
direction with no vote taken; regarding 2440 Monarch Street, staff provided information and
Council provided direction by the following roll call vote: Councilmembers Daysog: Aye;
Herrera Spencer: Aye; Jensen: Aye; Vella: Aye and Mayor Ezzy Ashcraft: No. Ayes: 4. Noes:
1.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:17 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Special Meeting
Alameda City Council
July 2,2024
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