City of Emeryville Page 1 of 4
Members:
Mayor Sukhdeep Kaur
Vice Mayor Matthew Solomon
Council Member David Mourra
Council Member Kalimah A. Priforce
Council Member Courtney Welch
CITY OF EMERYVILLE
AGENDA
SPECIAL CLOSED SESSION
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
Tuesday, January 20, 2026 5:45 PM Council Chambers
This meeting is being conducted in-person at
1333 Park Avenue, Emeryville, California
Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
Public comment for Council agenda items can be submitted online via our written comment card at www.emeryville.org/citycouncil. Written comments can also be submitted by email to [email protected] or to the City Clerk at [email protected]. If you would like to support, oppose, or otherwise comment on an upcoming agenda item, please send in your comments prior to the meeting.
The link below allows public viewing of the meeting (no public comment via Zoom):
Please click the link below to join the webinar:
https://emeryville-org.zoom.us/j/89183871776?pwd=Gs44EUBoE2Nr-Zg6doOxF2c4g0O4gQ.V9d330SKz6PjPAQ3 Passcode: 666671
Telephone: 669-900-6833
Webinar ID: 891 8387 1776
Passcode: 666671
A complete copy of the agenda packet is available for viewing at the Information Center at City Hall, located at 1333 Park Avenue, Emeryville, California, and on the city’s website at www.emeryville.org/citycouncil. The meeting is shown live on the City of Emeryville television channel (ETV), cable channel 27, and will be rebroadcast according to the published ETV schedule of programs. Council meetings will also be available to view through live media streaming accessible from the City of Emeryville website at www.emeryville.org/citycouncil.
You can subscribe to receive Emeryville City Council agendas via email by going to our website at City Council AGENDA January 20, 2026
City of Emeryville Page 2 of 4
www.emeryville.org/citycouncil. Simply fill out your information, check “City Council Agendas”, and click the “Subscribe” button.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. There will be no separate discussion of these items unless good cause is shown prior to the time the Council votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Presiding Officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the Hearing is closed and brought back to Council level for discussion and action. There is no further comment permitted from the audience unless requested by the Council.
No animals shall be allowed at or brought in to a public meeting by any person except (i) as to members of the public or City staff utilizing the assistance of a service animal, which is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability; or (ii) as to police officers utilizing the assistance of a dog(s) in law enforcement duties.
In compliance with the Americans with Disabilities Act, a person requiring an accommodation, auxiliary aid, or service to participate in this meeting should contact the City Clerk ’s Office at 510-596-4300, as far in advance as possible, but no later than 72 hours before the scheduled event. The best effort to fulfill the request will be made. Assistive listening devices are available for anyone with hearing difficulty from the City Clerk prior to the meeting and must be returned to the City Clerk at the end of the meeting.
Public Comment: Each speaker is limited to two minutes to present their comments to the City Council at each speaking opportunity. At the discretion of the Presiding Officer, time limits may be further adjusted.
The regular and special meetings of the Emeryville City Council also serve as regular or special meetings of the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, the Community Development Commission, and the Public Finance Authority when items are listed on the agenda.
The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council or related meeting. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that would potentially violate the Fair Employment and Housing Act – i.e., statements or conduct that is hostile, intimidating, oppressive, or abusive – is per se disruptive to a meeting and will not be tolerated.
City Council AGENDA January 20, 2026
City of Emeryville Page 3 of 4
1. CALL TO ORDER
2. ROLL CALL
3. EX PARTE COMMUNICATIONS
4. PUBLIC COMMENT (on Closed Session Items)
5. CLOSED SESSION
5.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, pursuant to Government Code Section 54957:
5.1.1. City Manager
5.1.2. City Attorney
5.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
5.2.1. Rochelle Conner v. City of Emeryville, et al., U.S.D.C. Case No. C22- 08867
5.2.2. Kyle Ching v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV054260
Claim of Kyle Ching, EM 2023-04
5.2.3. Ana Biocini v. City of Emeryville, et al., Alameda Superior Court Case No. 24CV058820
Claim of Ana Biocini, EM 2023-09
5.2.4. Mariama Sadio v. City of Emeryville, et al., Alameda County Superior Court, Case No. 24CV091400
Claim of Mariama Sadio, EM 2024-06
5.2.5. Andrew Marowitz v. City of Emeryville, et al., Alameda County Superior Court, Case No. 24CV085590
Claim of Andrew Marowitz, EM 2024-02
5.2.6. Ayman Badr v. City of Emeryville, et al., Alameda County Superior Court, Case No. 25CV107544
Claim of Ayman Badr - Late Filed Claim
5.2.7. City of Emeryville, et al. v. Donald Trump, et al., U.S. District Court Case No. 25-CV-01350-WHO
5.2.8. Dorothy McCarter v. City of Emeryville, et al., Alameda County Superior Court, Case No. 25CV114389
Claim of Dorothy Carter - EM2024-09
5.2.9. Jonathan Peterson v. California Highway Patrol, City of Emeryville, et City Council AGENDA January 20, 2026
City of Emeryville Page 4 of 4
al., Alameda County Superior Court, Case No. 25CV133985 Claim of Jonathan Peterson - EM2024-01
5.2.10. Beverley Anderson v. City of Emeryville, et al., Alameda Superior Court Case No. 25CV158436
Claim of Beverley Anderson, EM 2025-14
5.3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8:
5.3.1. Property: 4300 San Pablo Avenue, Emeryville, CA (APN 49-1079-014-01) Agency Negotiators: LaTanya Bellow, City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel
Negotiating Parties: City of Emeryville and EAH, Inc.
Under Negotiations: Direction regarding price and terms of real estate negotiations.
5.4. CONFERENCE WITH LEGAL COUNSEL - PENDING CLAIMS, Pursuant to Government Code Section 54956.9(e)(3):
5.4.1. Claim of Laura Hayes - EM2026-1
5.4.2. Claim of Michelle Johnson on Behalf of Minor D.K. – EM2026-2
5.4.3. Claim of Eric Smith - EM2026-3
5.4.4. Claim of Edgard Contreras - EM2026-4
6. REPORTING OUT OF CLOSED SESSION
7. ADJOURNMENT
Me CITY OF EMERYVILLE r, | rt
CLAIM FORM
Please Type or Print and return to: CITY OF EMERWILLE
City Attorney’s Office, City of Emeryville CITY CLERK'S OFFICE 1333 Park Avenue Emeryville, Ca 94608 y Phone: 510.596.4381 Fax: 510.596.3724 NOV 1 8 2025 Email: [email protected]
CLAIM AGAINST. City of Emeryville RECEIVED
(Name of Entity)
Laura Hayes gee Claimant's name.
Chimants date of bith ‘telephone #
Claimant's address
1122 Wilshire Boulevard, Los Angeles, CA 90017 aAddtess where notices about claim are to be sent, if different from above:
Date of incident/accident: 06/11/2025
Date injuries, damages, or losses were discovered: 06/ 1 1 / 2025 Location of incident/accident; “trak 5885 Horton St., Emeryville, CA 94608 What did entity or employee do to cause this loss, damage, or injury? See Attachment "A" (Use back of this form or separate sheet if necessary to answer this question in detail.) Unknown at this time What are the names of the entity's employees who caused this injury, damage, ot loss (if known)? ee . . . Claimant suffered injuries to her shoulder and knee, pain, sufferin What specific injuries, damages, or losses did claimant receive? : p 9 depression, and emotional distress. The full extent of claimant's injuries are unknown as claimant is still undergoing medical care and treatment. (Use back of this form or separate sheet if necessary to answer this question in detail) What amount of money is claimant seeking, or which is the appropriate court of jurisdiction [Government Code 910(f)]? Claimant's damages exceed $35,000.00
How was this amount calculated (please itemize)?
(Use back of this form or separate sheet if necessary to answer this question in detail) Date Signed: 11/14/2025 can 6 i d Ldunog
If signed by representative:
Julia Ramos Address 1122 Wilshire Boulevard, Los Angeles, CA 90017 Representative’s Names Telephone # 951 -462-2308
Relationship to Claimant: Attorney
Attachment “A” — Claims for Damages to Person or Property On June 11, 2025, Claimant tripped and fell due to a dangerous, cracked, uneven, and/or raised portion of cement, sidewalk, walkway, path, or adjacent surface area located in, on, around, or near the Amtrak Train Station — Station Building at or about 5885 Horton Street, Emeryville, California 94608 (hereinafter the “subject property”). This dangerous condition caused Claimant to suffer severe physical and mental injuries and damages.
To the extent the City of Emeryville owned, leased, occupied, controlled, maintained, managed, inspected, supervised, repaired, altered, or had any responsibility for any portion of the subject property, the City is liable for the dangerous condition. Pursuant to Government Code § 835 et seq., the City of Emeryville is liable if it owned or controlled the area where the incident occurred and failed to properly inspect, maintain, warn of, or repair the dangerous condition despite knowing, or having reason to know, of its existence.
The City of Emeryville and its agents, employees, contractors, servants, successors in interest, and/or joint ventures knew or should have known of the dangerous condition on the subject property well before Claimant’s incident and failed to provide any adequate or effective warnings, barricades, repairs, or other safety measures to protect pedestrians. The hazardous condition constituted a concealed trap for persons using the property in a reasonable manner.
As a direct and legal result of the City of Emeryville’s negligent, careless, and/or reckless ownership, operation, maintenance, design, repair, alteration, construction, installation, supervision, inspection, and/or failure to warn of the dangerous condition on the subject property, Claimant sustained significant physical, emotional, and economic injuries. = + Re: vs ‘4 is a 3 aps : a
POINTER & BUELNA (i | ~ CITY OF EMERYVILLE CHY CLERK'S OFFICE DEC 09 2025
GOVERNMENT TORT CLAIM FORM RECEIVED
Name: First, Middle, Last
Michelle Johnson on behalf of Minor D.K.
Race: Date of Birth:
Address City State Zip
155 Filbert St., Ste. 208 Oakland CA 94607
Home Phone:
(510) 929-5400
Work Phone:
Name: First, Middle, Last
c/o-Lateef Gray, Pointer & Buelna, LLP
Relationship to claimant:
Attorney
Address:
155 Filbert St., Ste. 208, Oakland, CA., 94607
Phone:
(510) 929-5400
Narrative of Incident:
See Attachment “A”
Relationship to claimant:
Attorney
Involved Government Employees:
Yet-to-be-identified Emeryville Police Officers
Injury to Claimant:
Yes, see Attachment “A”
Approximate Location of Incident: At or near 40" St.
and Horton St. AC Transit Bus Stop, Emeryville,
California 94608.
Date of Incident:
06/21/2025
I have read and understood this statement, which I
have made of my own free will, and the facts contained
therein are true and correct to the best of my
cA 2
Latéef Gray WA
Attorney
Date: [2-03-2015
www.LawyersFTP.com
155 FILBERT ST., SUITE 208 * OAKLAND, CA 94607 ¢ TEL (510) 929-5400 any H ‘4 be Hees ne y : * #3 Heh Oo “y a ¥ sf Ste bret ie ra oy :
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POINTER & BUELNA
ATTACHMENT “A”
Claimant objects to your Claim Form because it requires information, which constitutes an invasion of the Claimant’s privacy. Moreover, the information is not required to be provided by the Claimant under California Government Code § 910. For example, California Government Code § 910 does not require that the Claimant provides their home and work numbers, driver’s license number, date of birth, auto insurance name and policy number, a diagram of the location of the incident, any statements by the Claimant as to their reasons “for believing the City is liable for your damages, “or a description” of all damages which you believe you have incurred as a result of the incident.” For the purposes of this document “CLAIMANT” means the individual claimant, claimants plural, and all plaintiffs and parties in interest represented by POINTER & BUELNA, LLP. Therefore, Claimant submits the following information in support of his/her Claim pursuant to Government Code § 910:
CLAIMANT NAME(S): Michelle Johnson on behalf of Minor D.K.
ADDRESS TO WHICH ALL NOTICES ARE TO BE SENT: POINTER & BUELNA, LLP— LAWYERS FOR THE PEOPLE, 155 FILBERT ST., STE. 208, OAKLAND, CA 94607.
CLAIMANTS TELEPHONE NUMBER: C/O POINTER & BUELNA, LLP — (510) 929- 5400.
PLEASE NOTE: COUNSEL REPRESENTS CLAIMANTS AND ALL CONTACT SHOULD BE MADE WITH THEIR ATTORNEY ONLY.
DATE AND TIME OF INCIDENT: On or about June 21, 2025
LOCATION OF INCIDENT: At or near 40" St. and Horton St. AC Transit Bus Stop, Emeryville, California 94608.
THE FOLLOWING PROVIDES A GENERAL DESCRIPTION OF THE INDEBTEDNESS,
OBLIGATION, INJURY, DAMAGES OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF PRESENTATION OF THE CLAIM” AND “THE NAME OR
NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURY, DAMAGES, OR LOSS, IF KNOWN: [Per Government Code § 910]. For the purposes of this claim, “AGENCY” is defined by and refers to the municipal, county, or state entity, which governs the Emeryville Police Department.
DESCRIPTION OF INCIDENT:
On June 21, 2025, D.K. was waiting at a bus stop with a group of friends, including her cousin, near the intersection of 40th Street and Horton Street in Emeryville, CA. Emeryville Police Department (EPD) officers approached the group on suspicion of shoplifting that had allegedly occurred at the nearby Target. During the encounter, an unidentified female EPD www.LawyersFTP.com 7
155 FILBERT ST., SUITE 208 ¢ OAKLAND, CA 94607 ¢ TEL (510) 929-5400 b
7 POINTER & BUELNA
officer asked D.K. to sit down on the curb. D.K. informed the officers of her preference to stand due to her diagnosed attention deficit hyperactivity disorder (ADHD), which makes it hard for her to sit still. The female EPD officer told D.K. that it was fine to remain standing, so long as she did not move from where she was standing. D.K. complied and remained standing on the sidewalk.
An unidentified male EPD officer then approached D.K.’s cousin and informed her that she was being detained. The male EPD officer threatened D.K.’s cousin, demanding she sit down or he would “slam” her. In fear for her cousin’s safety, D.K. attempted to inform the officer about her cousin’s injured state due to a recent car accident. Without warning or provocation, the male officer turned his attention to D.K., forcefully grabbing her and slamming her to the ground. While D.K. was on the ground, the male officer held D.K. down by her wrists. D.K. verbally pleaded with the officer to get off of her. In response to D.K.’s pleas, the officer forcefully punched D.K. in the face and placed his knee into her back while she remained pinned to the ground. The female and male officer then physically dragged D.K., pulling her by her arm and leg across the ground. The male officer then pushed D.K. face first into the ground and began placing her in handcuffs. While on the ground, D.K. began crying, repeatedly screaming that the officer had punched her in her face and pleading that she hadn’t done anything. The officers ignored D.K.’s pleas and placed her in the back of a patrol car.
As a result of the incident, D.K. sustained injury to her body and psyche. D.K. experienced immediate and significant swelling and pain to her wrist, jaw, and face. Following the incident, she sought emergency medical treatment at Alta Bates Summit Medical Center in Oakland, CA. She received C.T. and x-ray imaging, as well as medication for her pain. In addition to her physical injuries, D.K. also endured substantial emotional distress, and continues to experience overwhelming anxiety, fear, and emotional withdrawal.
DESCRIPTION OF CLAIM:
Claimant alleges that the conduct of individual employees, agents, and/or servants of AGENCY constitute State statutory violations, which might include but are not limited to assault, battery, negligence, negligent hiring, and intentional infliction of emotional distress, and negligent infliction of emotional distress.
Claimant alleges those individual employees, agents and/or servants of AGENCY are responsible for Claimant’s injuries, and acts and/or omissions committed within the course or scope of employment under the theory of respondent superior. Respondent superior liability includes but is not limited to, negligent training, supervision, control and/or discipline.
Individual employees, agents, and/or servants of the AGENCY, include but are not limited to, the chief of police, sheriff, or an individual of comparable title, in charge of law enforcement for AGENCY, and DOES 1-50, and/or each of them, individually and/or while acting in concert with one another.
Claimant alleges the appropriate offenses listed below. www.LawyersFTP.com
155 FILBERT ST., SUITE 208 * OAKLAND, CA 94607 ¢ TEL (510) 929-5400 b
i POINTER & BUELNA
DR THE FEOPI
Claimant alleges that assault included, but was not limited to, conduct causing Claimant to reasonably fear a harmful offensive touching upon his person.
Claimant alleges that battery included, but was not limited to, conduct resulting in a harmful offensive touching upon Claimant’s person in a manner foreseeable likely to cause injury.
Claimant alleges that negligence included, but was not limited to, breach of duty upon failing to exercise due care by placing Claimant at risk of serious physical injury, detention and/or arrest.
Claimant alleges that negligent hiring included, but was not limited to, breach of duty upon failing to exercise due care by hiring individuals likely to cause physical injury to citizens while acting under color of law in an official capacity.
Claimant alleges that negligent infliction of emotional distress included, but was not limited to, the failure to use reasonable care to avoid causing emotional distress to another individual. The negligent conduct resulted in Claimant’s physical and emotional injuries.
Claimant alleges that intentional infliction of emotional distress included, but was not limited to, outrageous acts or omissions with the intent to causing emotional distress to another individual.
The intentional conduct resulted in Claimant’s physical and emotional injuries.
Claimant alleges a violation of California Civil Code § 52.1, for actions by law enforcement personnel, whether or not acting under color of law, which interfere by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state.
Claimant will allege other causes of action subject to continuing discovery.
DESCRIBE INJURY OR DAMAGE:
Claimant has, or may have in the future, claims for general damages, including, but not limited to, claims for pain, suffering and emotional distress in amounts to be determined according to proof.
Claimant may have and/or may continue to have in the future, claims for special damages, including, but not limited to, claims for medical and related expenses, lost wages, damage to career, damage to educational pursuits, damage to property and/or other special damages in amounts to be determined according to proof.
Claimant may have, and/or may continue to have in the future, damages for permanent mental injuries, permanent mental scarring and/or other psychological disabilities in an amount according to proof.
www.LawyersFTP.com
155 FILBERT ST., SUITE 208 e OAKLAND, CA 94607 @ TEL (510) 929-5400 b
POINTER & BUELNA
HE FEOPLE™
NAME OF PUBLIC EMPLOYEKE(S) BELIEVED TO HAVE CAUSED INJURY OR DAMAGE:
Claimant does not know the names of the involved Emeryville Police Officers.
DEMAND FOR PRESERVATION OF EVIDENCE:
Claimant does hereby demand that AGENCY including, but not limited to, the appropriate city or county law enforcement agency, its employees, servants and/or attorneys, maintain and preserve all evidence, documents and tangible materials which relate in any manner whatsoever to the subject matter of this Claim, including until the completion of any and all civil and/or criminal litigation arising from the events which are the subject matter of this Claim. This demand for preservation of evidence includes, but is not limited to, a demand that all public safety entities preserve all tapes, logs and/or other tangible materials of any kind until the completion of any and all civil and criminal litigation arising from the subject matter of this claim.
AMOUNT OF CLAIM:
This claim is in excess of $25,000. Jurisdiction is designated, as “unlimited” and jurisdiction would be in the Alameda County Superior Court of the State of California.
DATED: December 8, 2025
Regards’,
Lateef G ray
Attorney
POINTER & BUELNA, LLP
LAWYERS FOR THE PEOPLE
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155 FILBERT ST., SUITE 208 e OAKLAND, CA 94607 ¢ TEL (510) 929-5400 [THIS PAGE INTENTIONALLY LEFT BLANK]
CITY OF EMERYVILLE
CLAIM FORM
Please Type or Print and return to:
City Attorneys Office, City of Emeryville
1333 Park Avenue Emeryville, Ca 94608
Phone: 510.596.438 Fax: 510.596.3724
CLAIM AGAINST _____________________________________________________________________________________ (Name of Entity)
Claimant's name SS#________________________________
Claimant's date of birth Telephone #
Claimant's address ____________________ Address where notices about claim are to be sent, if different from above:_____________________________________________ Date of incident/accident:_________________________________________________________________________________ Date injuries, damages, or losses were discovered:_______________________________________________________________ Location of incident/accident:______________________________________________________________________________ What did entity or employee do to cause this loss, damage, or injury?_________________________________________________ ______________________________________________________________________________________________________ (Use back of this form or separate sheet if necessary to answer this question in detail.) What are the names of the entity's employees who caused this injury, damage, or loss (if known)?___________________________ ______________________________________________________________________________________________________ What specific injuries, damages, or losses did claimant receive?_____________________________________________________ ______________________________________________________________________________________________________ (Use back of this form or separate sheet if necessary to answer this question in detail) What amount of money is claimant seeking, or which is the appropriate court of jurisdiction [Government Code 910(f)]?________ ______________________________________________________________________________________________________ How was this amount calculated (please itemize)?_______________________________________________________________ ______________________________________________________________________________________________________ (Use back of this form or separate sheet if necessary to answer this question in detail) Date Signed :________________________ Signature:____________________________________________ If signed by representative:
Representatives Names_________________________Address_____________________________________________ Telephone #____________________________________________________________________________________ Relationship to Claimant:___________________________________________________________________________
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0 SNe CITY OF EMERYVILLE
CLAIM FORM CITY OF cen
Please Type or Print and return to: CITY CLERK'S OFFICE City Attorney’s Office, City of Emeryville DEC O1 2025
1333 Park Avenue Emeryville, Ca 94608
Phone: 510.596.4381 Fax: 510.596.3724
Email: [email protected] R EC E | VE D
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Claimant's date of birth Telephone #
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(Use back of this form or ‘separate sheet if necessary to answer this question in detail) Date Signed: if 1: Zz é/: Z I . Signature: Eagan! Coe
If signed by representative:
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Representative’s Names (eer fir *A* __ Address
Telephone #
Relationship to Claimant:
Amnovat of Bills and Compensation
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