City Council Special Meeting November 1, 2022
CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
SPECIAL MEETING
CLOSED SESSION
TUESDAY, NOVEMBER 1, 2022; 5:30 PM
., CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533
CLOSED SESSION AGENDA
MINUTES
CALL TO ORDER
Mayor Harry T. Price called the meeting to order at 5:30 p.m.
Present in person were Councilmembers Pam Bertani, Cat Moy, Doriss Panduro, Chuck Timm, Scott Tonnesen, Vice Mayor Rick Vaccaro, and Mayor Price.
PUBLIC COMMENT: No members of the public wished to speak.
The City Council went into closed session with City Attorney David Lim, Interim City Manager David Gassaway, Assistant City Attorney Lori Liu, Police Chief Deanna Cantrell, and Police Captain Dan Marshall.
NEW BUSINESS -CLOSED SESSION
PRESENTATIONS
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Vallejo Sun and Scott Morris v. City of Fairfield Police Department and Deanna Cantrell
Solano County Superior Court, Case No. FCS058912
Contact: David Lim, (415) 421-8484
OPEN SESSION
The City came out of a closed session. The City Attorney announced the City Council agreed to settle the matter in Item #1 with Vallejo Sun and Scott Morris by releasing the requested video footage from an officer -involved shooting incident from June 26, 2022, and payment of attorney's fees in the amount of $4,000.
The meeting was adjourned at 6:03 p.m.
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Mayor
City Attorney
SETTLEMENT AGREEMENT
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This Settlement Agreement ("Settlement Agreement") is made and entered into this day of November , 2022, by:
Plaintiffs Vallejo Sun, a California Limited Liability Company ("Vallejo Sun") and Scott Morris ("Morris"), collectively referred to as "Plaintiffs," and Defendants City of Fairfield ("City"), Fairfield Police Department ("Fairfield Police"), and Deanna Cantrell, in her official capacity ("Cantrell"), collectively referred to as "Defendants." For ease of reference, Plaintiffs and Defendants may be collectively referred to as "Party" or "Parties" throughout this Settlement Agreement.
Plaintiffs and Defendants shall include all officers, directors, officials, elected officials, agents, departments, subsidiaries, parent organizations, agencies, insurers, attorneys, employers, employees, representatives, successors and assigns of each person or entity.
Both the Plaintiffs and Defendants agree to the terms of this Settlement Agreement on behalf of themselves, all officers, directors, officials, elected officials, agents, departments, subsidiaries, parent organizations, agencies, insurers, attorneys, employers, employees, representatives, successors and assigns of each person or entity.
Recitals
A. On September 16, 2022 Plaintiffs filed a "Verified Petition for Writ of Mandate to Enforce California Public Records Act" ("Writ of Mandate") in the Solano County Superior Court, case number FCS058912, against Defendants.
B. The Parties desire to enter into this Settlement Agreement, as a global and complete settlement to the Writ of Mandate filed in case number FCS058912.
C. The Parties' signing of this Settlement Agreement is intended to result in the complete dismissal with prejudice of the Writ of Mandate filed in case number FCS058912.
Agreement
The Parties agree as follows:
1.0 Performance, Attorney's Fees and Costs
1.1 In consideration of the covenants and dismissal set forth herein, Defendants agree to release to Plaintiffs all body -worn camera footage and other video footage related to a vehicle pursuit and shooting involving Fairfield Police Officers and Patrick Hall on June 26, 2022 at approximately 10 p.m, redacting only what is necessary to protect the privacy rights of any individuals as are permitted under Government Code section 6254(c), Government Code 6254(k), or other statutory or decisional authority. Defendants will release this video footage no later than November 9, 2022 unless a later date is agreed to by both Parties in writing. 12183-0091 \2707924v I .doc
1.2 In consideration of the covenants and dismissal set forth herein, Defendants agree to pay a total sum of $4,000 (Four -thousand dollars) joint and severally to Plaintiffs to cover attorney's fees and costs. Payment shall be made payable to Plaintiffs' attorney at Ferguson Law PC no later than 30 days following execution by all Parties of this Settlement Agreement unless a later date is agreed to by both Parties in writing.
1.3 The Parties understand and agree that each party will, other than the Settlement Payment specified in paragraph 1.2 above, bear their own attorneys' fees and costs, and Parties further agrees that Parties will not seek additional attorneys' fees or costs incurred for this matter from the other Party in any motion or proceeding before the trial court. Notwithstanding the foregoing, if either side breaches their obligations under this Settlement Agreement, or if further proceedings are necessary to enforce this Settlement Agreement, there will be no waiver of further attorneys' fees and costs.
2.0 Dismissal of the Validation Action
2.1 In consideration of the covenants and promises in paragraphs 1.1-1.3, Plaintiffs agree to dismiss the Writ of Mandate in case number FCS058912 with prejudice;
2.2 Counsel for Plaintiffs will prepare and file a dismissal with prejudice as to all Defendants no later than November 11, 2022, and forward by email or U.S. Mail a conformed copy to the Fairfield City Attorney. Parties may extend the date to file a dismissal upon agreement by both Parties in writing.
3.0 No Admissions
3.1 This Settlement Agreement is the result of a good faith settlement and compromise of disputed matters as set forth herein. Nothing contained herein, nor the consummation of this Settlement Agreement, is to be construed or deemed an admission of liability, culpability, negligence or wrongdoing on the part of any of the Parties. The Parties agree that the terms of this Settlement Agreement shall never be used, referred to, or considered as an admission of liability of the Claims released herein or shall ever be offered into evidence except for the purpose of enforcing this Settlement Agreement. The Parties have entered into this Settlement Agreement with the intention to avoid protracted disputes, uncertainties and litigation with their attendant inconveniences and expenses.
3.2 The Parties further understand and acknowledge that any statements or representations made by either party during the pendency of the claims were made in the spirit of advocacy in light of the disputed matters raised by the claims. Nothing contained herein, nor the consummation of this Settlement Agreement, is to be construed or deemed an admission as to the truth of any such statements or representations.
4.0 Representation of Comprehension of Document
4.1 In entering into this Settlement Agreement, the Parties represent that they have relied upon the advice of their attorneys, who are the attorneys of their own choice; that the terms of the Settlement Agreement have been completely read and explained to the Parties by their -2-
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attorneys; and that the terms of this Settlement Agreement are fully understood and voluntarily accepted by the Parties.
4.2 The Parties represent that they have carefully read and fully understand the final and -binding effect of the provisions contained in this Settlement Agreement and that the Parties are signing this Settlement Agreement voluntarily.
5.0 Warranty of Capacity to Execute Agreement
The Parties represent and warrant that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement, except as otherwise set forth herein; that each Party has the sole right and exclusive authority to execute this Settlement Agreement on behalf of all Parties thereto; and that neither Defendant nor Plaintiff has sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement Agreement.
6.0 Governing Law
It is hereby stipulated and agreed by the Parties hereto and their counsel that this case is settled by the execution of this Settlement Agreement and that the terms and conditions of this Settlement Agreement will be enforceable in State Court pursuant to California Code of Civil Procedure section 664.6 and California Evidence Code section 1123.
7.0 Jurisdiction of California Courts
The courts of the State of California, County of Solano, shall have exclusive jurisdiction to enforce all of the provisions of this Settlement Agreement.
8.0 Additional Documents
8.1 The Parties each agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement.
8.2 The Parties' attorneys agree that to the extent necessary they will move to have all future dates in the underlying action extended or vacated, including but not limited to deadlines to answer, status conferences and trial dates.
9.0 Entire Agreement and Successors In Interest
This Settlement Agreement contains the entire agreement between Defendants and Plaintiffs with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each.
10.0 Counterparts and Facsimile Signature
This Settlement Agreement may be executed in counterparts, each counterpart being executed by less than all of the Parties to the Settlement Agreement, and shall be equally effective -3-
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as if the single original has been signed by all Parties; but all such counterparts shall be deemed to constitute a single agreement. A facsimile or email signature shall have the same force and effect as an original.
11.0 Miscellaneous
11.1 Survival - All representations, warranties, and agreements set forth in this Settlement Agreement shall survive the execution date of this Settlement Agreement.
11.2 Amendment -This Agreement maybe amended only in writing, mutually executed by the undersigned or their successors -in -interest at the time of the modification.
11.3 Partial Invalidity - If any provision or any part of any provision of this Settlement Agreement is for any reason held to be invalid, unenforceable or contrary to any public policy, law, statute and/or ordinance, then the remainder of this Settlement Agreement shall not be affected thereby and shall remain valid and fully enforceable.
11.4 No Construction Against Author - This Settlement Agreement shall be construed without regard to the person or entity who drafted it and as if all Parties had participated equally in its drafting.
IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as of the Effective Date stated above:
10/27/22 rev# herv10
Date
10/27/22
Date
Date
10/24/22
Date
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By:
VALLEJO SUN
A California Limited Liability Company
SCOTT MORRIS
D ID GASSAWAY
Interim City Manager,
CITY OF FAIRFIELD
FAIRFIELD POLICE DEPARTMENT
DEANNA CANTRELL
In Her Official Capacity as Chief of Police,
CITY OF FAIRFIELD
THIS SETTLEMENT AGREEMENT IS APPROVED AS TO FORM.
10/25/22
Date
10/24/22
Date
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12183-0091\2707924vLdoc
SAM FERGUSON (SBN 270957)
FERGUSON LAW PC
Attorney for Plaintiffs Vallejo Sun and
Scott Morris
3. raC L.U.
DAVID G-LIM (SBN 202789)
City Attorney
CITY OF FAIRFIELD