2021-11-16 Special CC Minutes MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -NOVEMBER 16, 2021- -5:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:03 p.m.
Roll Call — Present: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft — 5. [Note: Vice Mayor Vella arrived at
5:18 p.m. The meeting was held via Zoom.]
Absent: None.
(21-721) Councilmember Knox White announced that the certain section of Lincoln Park
is within 120 feet of his house and he will need to recuse himself; inquired whether the
matter can be placed at the end of the agenda.
Councilmember Daysog moved approval of hearing the Lincoln Park property
negotiations [paragraph no. 21-727] at the end of the agenda.
Councilmember Herrera Spencer seconded the motion, which carried by the following
roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: Aye;
and Mayor Ezzy Ashcraft: Aye. Ayes: 4. [Absent: Vice Mayor Vella — 1.]
Councilmember Daysog moved approval of the Consent Calendar.
Mayor Ezzy Ashcraft seconded the motion.
Under discussion, Mayor Ezzy Ashcraft inquired whether the Consent Calendar matter
could be heard later.
The City Attorney responded that Mayor Ezzy Ashcraft may call the item at a later time;
stated Council will need to come back to open session to conduct the Consent Calendar
vote.
The meeting was adjourned to Closed Session to consider:
(21-722) Conference with Real Property Negotiators (Pursuant to Government Code
Section 54956.8); Property: Grandview Pavilion; City Negotiators: Eric Levitt, City
Manager; Nanette Mocanu, Assistant Community Development Director; and Amy
Wooldridge, Recreation and Parks Director; Negotiating Parties: City of Alameda and
Alameda County and Greenway Golf; Under Negotiation: Price and Terms
(21-723) Conference with Labor Negotiators (Government Code Section 54957.6); City
Negotiators: Eric Levitt, City Manager; Gerry Beaudin, Assistant City Manager; and
Nancy Bronstein, Human Resources Director; Employee Organization: Alameda Police
Officers Association (APOA), Alameda Police Managers Association (APMA) and
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Alameda City Council
November 16,2021
Alameda Fire Chief's Association (AFCA); Under Negotiation: Salaries, Employee
Benefits and Terms of Employment
(21-724) Conference with Legal Counsel — Existing Litigation; Request for the City to
Participate in Proposed Multistate Settlements (Pursuant to Government Code §
54956.9); 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
(21-725) Conference with Legal Counsel — Existing Litigation (Pursuant to Government
Code § 54956.9); Case Name: Mali Watkins v. City of Alameda, et al.; Court: United
States District Court, Northern District of California; Case Number: 4:21-cv-06080-KAW
Following the Closed Session, the meeting was reconvened and the City Clerk
announced that regarding the Mali Watkins v. City of Alameda, the lawsuit filed by
plaintiff Mali Watkins against the City of Alameda and various Alameda Police
Department (APD) Officers alleges: 1) unlawful detention, 2) unlawful seizure, 3)
excessive force, 4) violation of Civil Rights under California Civil Code Section 52.1, 5)
battery, 6) assault, 7) negligence, and 8) intentional infliction of emotional distress; the
claims generally relate to APD Officers' detention and interactions with Mr. Watkins on
May 23, 2020; in order to avoid the expense and uncertainty of litigation, the City
Council ratified/authorized the City Attorney to settle the matter, with no admission of
liability by the City or its Officers, with Mr. Watkins in an amount not to exceed
$110,000, by the following roll call vote: Councilmembers Daysog: Aye; Herrera
Spencer: Aye; Knox White: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4; [Absent: Vice
Mayor Vella — 1]; regarding the Opiate Litigation, the case involves litigation against
prescription opioid manufacturers and distributors; nationwide settlements have been
reached to resolve the cases brought by States and local political subdivisions against
three largest pharmaceutical distributors: McKesson, Cardinal Health and
AmerisourceBergen and manufacturer Janssen Pharmaceuticals, Inc. and its parent
company Johnson & Johnson; the settlements provide that in return for a release of
claims against the defendants, the States and local political subdivisions shall receive
up to a combined total of $26 billion; the City of Alameda is eligible to participate in the
settlements although it is not a named plaintiff in the litigation; the City's share of the
settlement funds could be up to $1,062,000 over 18 years; the Council authorized the
City Attorney to resolve the litigation on behalf of the City by consenting and
participating in the settlements; after electing to consent/participate in the settlements,
the City may later choose to receive its share of the settlement funds to be used to
designated opioid abatement purposes, or can instead allow its share of the funds to be
directed to the County of Alameda; the Council approved doing so by the following roll
call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella:
Absent; and Mayor Ezzy Ashcraft: Aye; Ayes: 4; Absent: 1; regarding Grandview
Pavilion, staff provided information and Council provided direction with no vote taken;
regarding Labor Negotiators, staff provided information and Council provided direction
first by the following roll call vote: Councilmembers Daysog: No; Herrera Spencer: No;
Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 3; Noes: 2, and by
Special Meeting
Alameda City Council
November 16,2021
the following second roll call vote: Councilmembers Daysog: No; Herrera Spencer: No;
Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 3; Noes: 2.
Consent Calendar
Councilmember Knox White recused himself and left the meeting.
Councilmember Daysog moved approval of the Consent Calendar.
Vice Mayor Vella seconded the motion, which carried by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: No; Vella: Aye; and Mayor Ezzy
Ashcraft: Aye. Ayes: 3. Noes: 1. [Absent: Councilmember Knox White — 1]. [Items so
enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*21-726) Recommendation to Approve Eric Levitt, City Manager, Amy Wooldridge,
Recreation and Parks Director and Elizabeth Mackenzie, Chief Assistant City Attorney,
as Real Property Negotiators for the Potential Grant of a Revocable License for a
Certain Section of Lincoln Park at 1450 High Street in Alameda. Accepted.
The meeting was adjourned to Closed Session to consider:
(21-727) Conference With Real Property Negotiators (Pursuant to Government Code
Section 54956.8); Property: Certain Section of Lincoln Park at 1450 High Street
(between ballfield and 9 residences located on Central Avenue); City Negotiator: Eric
Levitt, City Manager; Amy Wooldridge, Recreation and Parks Director; and Elizabeth
Mackenzie, Chief Assistant City Attorney; Negotiating Parties: City of Alameda and
Property Owners at 3283, 3281, 3275, 3273, 3271, 3267, 3265, 3261 and 3257 Central
Avenue; Under Negotiation: Price and Terms of Revocable License
Following the Consent Calendar vote, the Closed Session reconvened and the City
Clerk announced that regarding Lincoln Park, staff provided information and Council
provided direction with no vote taken.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:13
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
November 16,2021