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2023-05-02 CC CS MinutesSpecial Meeting Alameda City Council May 2, 2023 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -MAY 2, 2023- -5:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 5:14 p.m. Roll Call – Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella and Mayor Ezzy Ashcraft – 5. [Note: Councilmember Vella arrived at 5:43 p.m.] Absent: None. Consent Calendar Councilmember Jensen moved approval of the Consent Calendar. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Vella – 1.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*23-249) Recommendation to Approve Jennifer Ott, City Manager, Amy Wooldridge, Assistant City Manager, Lisa Maxwell, Community Development Director, Len Aslanian, Assistant City Attorney, Lois Butler, Economic Development Division Manager, and Lisa Fitts, Community Development Manager, as Real Property Negotiators for the Property Located at 1900 Thau Way, Alameda, CA 94501 [All Good Living Foundation]. Accepted. The meeting was adjourned to Closed Session to consider (23-250) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: West Midway Market-Rate Development Project (Parcel bounded by Main Street, West Midway, Pan Am and West Tower) Alameda Point, Alameda, CA; City Negotiators: City Manager Jennifer Ott, Community Development Director Lisa Maxwell, Planning Building & Transportation Director Andrew Thomas, and Base Reuse Manager Scott Watson; Negotiating Parties: City of Alameda, Brookfield Development and Catellus; Under Negotiation: Terms of Disposition and Development Agreement and Related Real Property Agreements (23-251) Conference with Legal Counsel – Existing Litigation (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 (23-252) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: 1900 Thau Way, Alameda Point, Alameda, CA; City Negotiators: City Manager Jennifer Ott, Assistant City Manager Amy Wooldridge, Community Development Director Lisa Maxwell, Assistant City Attorney Len Aslanian, Special Meeting Alameda City Council May 2, 2023 Economic Development Division Manager Lois Butler, and Community Development Manager Lisa Fitts; Negotiating Parties: City of Alameda and All Good Living Foundation; Under Negotiations: Price and Terms of Lease (23-253) 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(s): All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in APNs 72 382 001, 72 382 002, 72 383 003 01 and 72 382 009 (Encinal Terminals) Adverse to Plaintiffs’ Title, or Any Cloud Upon Plantiffs’ Title Thereto; State of California, Acting By and Through State Lands Commission; and Does 1 through 50 Inclusive Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding West Midway Market-Rate Development Project, staff provided information and Council provided direction by the following voice vote: Ayes: Councilmembers Daysog, Jensen, Vella and Mayor Ezzy Ashcraft – 4; Noes: Councilmember Herrera Spencer – 1; regarding Existing 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 the 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, 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 this litigation on behalf of the City of Alameda 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 for designated opioid abatement purposes, or can instead allow its share of the funds to be directed to the County of Alameda; Council provided direction by unanimous voice vote – 4 [Absent: Councilmember Vella – 1]; regarding 1900 Thau Way, staff provided information and Council provided direction by the unanimous voice vote – 4 [Absent: Councilmember Vella – 1]; regarding Potential Litigation, The City Council authorized the City Attorney to file a judicial validation action to confirm the validity of the tidelands exchange agreement to facilitate the development of the Encinal Terminals project, subject to the developer’s execution of a reimbursement agreement amendment; the Encinal Terminals project, located at located at 1521 Buena Vista Avenue, is planned to develop 589 units of housing, including 80 affordable units, which are critical for the City to meet its regional housing needs; the project requires the developer to extend the San Francisco Bay Trail to include the entire site perimeter, construct a waterfront park and other infrastructure improvements at the developer’s sole cost; Council provided direction by the following voice vote: Ayes: Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft – 3; Noes: Councilmembers Daysog and Herrera Spencer – 2. Special Meeting Alameda City Council May 2, 2023 Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:10 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.