1 AUBURN CITY COUNCIL
SPECIAL SESSION AGENDA
City Hall, Council Chambers
1225 Lincoln Way, Auburn, CA 95603
April 25, 2022
Special Session 5:00 p.m.
This Special Meeting of the City Council is being held pursuant to Government Code section 54953(e) related to teleconferencing of meetings. The Governor’s Proclamation of a State Emergency is still in effect and the City Council has made or will make the necessary findings under the law to hold teleconference meetings in this manner.
Proper notice was given for this meeting, all persons are permitted to join remotely and address the City Council directly, and the meeting will be delayed in the event of a Citycaused disruption. This meeting will be held in all respects according to the requirements of Government Code section 54953(e).
2 ways to participate in the open session portion: In person or on Zoom:
https://us02web.zoom.us/j/83396253840
Telephone: US: +1 669 900 6833 Webinar ID: 833 9625 3840 3 ways to watch the open portion of this meeting live: In person at City Hall, on our website under “Meetings & Agendas”, or on the City’s YouTube page:
https://www.youtube.com/channel/UCmZkDGdt8ce1ckCRgcX-15A/live Public comments are being accepted at [email protected] or 530-823- 4211 x112. You must indicate it is a public comment for this meeting.
CALL TO ORDER
ROLL CALL
1. Public Comment
This is the time provided so that persons may speak to the Council on any item on this agenda.
CLOSED SESSION:
By MOTION adjourn to a Closed Session:
1. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION (Gov. Code, § 54956.9, subds. (d)(2, (d)(3).)
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City:
Statement made outside an open meeting of the City (Gov. Code, § 54956.9, subd. (e)(5).)
Name of Person: Kathleen N. Mastagni Storm, Esq. on behalf of IAFF Local 4110 Nature of Matter: During a phone call at approximately 4:44 pm on Friday, April 22, 2022, Ms. Storm made a threat of litigation to the City Attorney, specifically alleging a 2 violation of the MOU between the City and IAFF Local 4110 and threatened legal action regarding the same. A record of the statement was made by the City Attorney prior to the meeting and is available for public inspection in the City Clerk’s office.
2. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION (Gov. Code, § 54956.9, subd. (d)(4).)
Number of Potential Cases: 1
REPORT OUT OF CLOSED SESSION
ADJOURNMENT to Regular Session
It is the intention of the City of Auburn to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Individuals who need auxiliary aids or services for effective communication or to participate in programs and services of the City of Auburn are invited to make their needs and preferences known by contacting the City Clerk, (530) 823-4211 Ext. 112, at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.
This meeting may be recorded, televised, and made publicly available including on the City's website (www.auburn.ca.gov). Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 1225 Lincoln Way, Room 9, Auburn, CA 95603 during normal business hours. 1 Amy Lind
From: Gary Bell <[email protected]>
Sent: Friday, April 22, 2022 8:05 PM
To: Amy Lind
Cc: John Donlevy
Subject: Record of Threat of Litigation
Amy – In compliance with the Brown Act, here is the contemporaneous written record of the threat of litigation. Please include this with the agenda packet for the special meeting.
During a phone call with the City Attorney at approximately 4:44 pm on Friday, April 22, 2022, Kathleen N.
Mastagni Storm, an attorney representing IAFF Local 4110, threatened litigation against the City for an alleged violation of the MOU between the City and IAFF Local 4110. Specifically, Ms. Storm alleged that the City was violating the grievance mediation procedures in the MOU and stated she would include information “in [her] declaration” to the Public Employment Relations Board (PERB) or another adjudicative body (i.e., litigation).
Gary B. Bell
Shareholder
Colantuono, Highsmith & Whatley, PC
333 University Avenue, Suite 200 | Sacramento, CA 95825 Direct 916-898-0049 | Main 530-432-7357 | Fax 530-432-7356 [email protected] | www.chwlaw.us | Blog: www.californiapubliclawreport.com
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