pages: CityCouncil/2021-11-16.pdf, 2
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CityCouncil | 2021-11-16 | 2 | 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 | CityCouncil/2021-11-16.pdf |