2010-07-06 Joint CC PUB CS MinutesMINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
PUBLIC UTILITIES BOARD (PUB) MEETING
TUESDAY- -JULY 6, 2010- -5:00 P.M.
Mayor Johnson convened the Joint Meeting at 5:10 p.m.
Roll Call — Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and
Mayor Johnson; and Board Members Gallant, Holmes,
McCahan, and McCormick — 9.
Absent: Board Member Hamm — 1.
Note: Councilmember Tam was not present for Anticipated Litigation [paragraph no. 10-
318 CC].
The meeting was adjourned to Closed Session to consider:
(10 -317 CC /PUB) Conference With Legal Counsel — Existing Litigation; Significant
Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9; Name of Cases:
Vectren Communication Services v. City of Alameda, Acting By and Through Alameda
Municipal Power; Bernard A. Osher, Trustee v. City of Alameda, et al City of Alameda
on Behalf of Itself and Alameda Municipal Power, et al v. Nuveen Municipal High
Income Opportunity Fund, et al.
(10 -318 CC) Conference with Legal Counsel — Anticipated Litigation; Initiation of
litigation pursuant to subdivision (c) of Section 54956.9; Number of cases: One.
(10 -319 CC) Liability Claims (54956.95) — Workers' Compensation Claim; Claimant:
Esperanza Sanchez; Agency Claimed Against: City of Alameda.
Following the Closed session, Mayor Johnson announced that regarding Anticipated
Litigation, the City Council met in Closed Session with its Legal Counsel and outside
counsel, Michael Colantuono, to discuss evidence of serious official misconduct by
Councilmember Lena Tam regarding, among other things, providing attorney - client
privileged, personnel, and other confidential information to SunCal, International
Association of Fire Fighters, and other parties against the interest of the City of
Alameda and its taxpayers, and to consider whether to enjoin Councilmember Tam to
prevent further conduct of this type; two investigatory reports, each with evidence of
alleged official misconduct by Councilmember Tam, have been independently prepared
by outside counsel, Michael Colantuono, and provided to the District Attorney; because
this matter is now before the District Attorney, and since the City has requested that the
evidence be reviewed by the Alameda County Grand Jury, the City Council has
deferred any decision to pursue litigation against Councilmember Tam at this time;
rather, in the interest of full public disclosure and to afford Councilmember Tam the
ability to review these reports, the City Council has voted to waive its attorney - client
Special Joint Meeting
Alameda City Council and
Public Utilities Board
July 6, 2010
privilege, thereby enabling release of the investigatory report this evening to the public;
the City Council's decision in this regard was made in the best interest of open
government here in Alameda; the City Council looks to the District Attorney and the
Grand Jury to do justice in this matter; the District Attorney's office has no objection to
the City Council releasing these reports; a copy of the investigatory reports will be
available in the City Clerk's office; additionally, a limited number of copies are available
this evening for review and will be distributed in the foyer at the conclusion of this
statement; if sufficient copies are not available, please leave your name and contact
information on the card in the lobby, and the City Clerk will forward a copy to you; the
vote to release this information to the public was: Mayor Johnson — yes; Vice Mayor
deHaan — yes; Councilmember Gilmore — yes; Councilmember Matarrese — yes; for
obvious reasons, Councilmember Tam was not permitted to participate in this Closed
Session;
Mayor Johnson called a recess at 8:05 p.m. and reconvened the special meeting at
8:15 p.m.
Following the recess, Mayor Johnson announced that regarding Existing Litigation, the
Council /Board received a briefing on the status of the telecom litigation and provided
direction to the litigation team; regarding Liability Claims, Council received a briefing
from Legal Counsel and provided direction on settling the claim.
Adjournment
There being no further business, Mayor Johnson adjourned the Joint Meeting at 7:40
p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown Act.
Special Joint Meeting
Alameda City Council and
Public Utilities Board
July 6, 2010