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2018-05-01 CC CS MinutesSpecial Meeting Alameda City Council May 1, 2018 1 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -MAY 1, 2018- -5:00 P.M. Mayor Spencer convened the meeting at 5:04 p.m. Roll Call – Present: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and Mayor Spencer – 5. Absent: None. Public Comment Urged Councilmembers Vella and Oddie recuse themselves from any decisions regarding the City Manager, which does not mean they are guilty of anything: Heinrich Albert, Alameda. Expressed his displeasure with the conflict; suggested following a conflict resolution model: Ken Peterson, Alameda. Stated the matters related to the City Manager should be rescheduled to a later date after the report is released; urged Councilmembers Vella and Oddie recuse themselves : Jim Sweeney, Alameda. Stated shifting the focus to the taping completely ignores the core issue; u rged the Council to uphold due process and resolve the matter in an above board fashion: Gretchen Lipow, Alameda. Mayor Spencer suggested the City Attorney explain whether Vice Mayor Vella and Councilmember Oddie have to recuse themselves from the closed session items. The City Attorney responded Councilmembers Oddie and Vella do not have a financial conflict of interest; stated the entire City Council hire s and appoints the City Manager, City Attorney and City Clerk; any kind of performance evaluation or decision on continuing employment of any one of the three is within the purview of all five Councilmembers. Discussed a potential wrongful termination lawsuit; urged a settlement be reached: Paul Foreman, Alameda. Stated the record shows Ms. Keimach was strongly and relentlessly pressured to hire a Fire Chief who was supported by the Firefighters union, Domenick Weaver; Ms. Keimach received 16 letters from elected, appointed and union officials in a one month period urging her to hire Mr. Weaver; Mr. Oddie said that he was concerned because somebody said to him Jeff DelBono doesn’t run this City, Jill does; Councilmember Oddie told people that he had two other votes to fire Ms. Keimach; Ms. Keimach was told, by more than one person, that she had reason to fear not just her job, but her Special Meeting Alameda City Council May 1, 2018 2 safety; there were subtle and not so subtle hints before and after the August 16th meeting with Councilmembers Oddie and Vella about the good things that would happen to her if Ms. Keimach hired Mr. Weaver and the bad things that would happen to her if she did not; Mr. DelBono is denying that he tried to get Ms. Keimach fired; Councilmembers Oddie and Vella should recuse themselves; he cannot think of any judge that would preside over a matter in which their own conduct was at issue and in which they were being accused of engaging in criminal conduct; mediation is a path; people should be allowed time to digest the report ; they [Ms. Keimach and her attorneys] would like to release the tape; there was interference by Councilmembers; the Council should step back and take a deep breath : Karl Olsen, Attorney for Jill Keimach. Stated they have been ensured the purpose of the meeting tonight is not to make a final decision to terminate Jill Keimach as City Manager and that there will be a further process before such a decision is made; applauded the Council’s more thoughtful approach to such an important issue; stated efforts to achieve a resolution through mediation have now been resumed; they were disappointed that mediation was ceased; they continue to hope the outcome will be the reinstatement of Ms. Keimach; Ms. Keimach wants to finish the job she started; if not possible, Ms. Keimach will consider other fair and reasonable paths to resolution; a troubling narrative in the press has been the conflict of interest of Vice Mayor Vella and Councilmember Oddie; Mr. Oddie made it clear that he had three votes to fire Ms. Keimach before he met with her and it is common knowledge that he passed that to the Police Chief before he and Ms. Vella met with Ms. Keimach; that is a direct threat to her employment and her job; to have him in a room considering whether Ms. Keimach should have continued employment or participating with the City Council on these issues should not happen; the outcome two weeks ago was to refer the tape recording to the District Attorney (DA); the tape should be evaluated for two reasons; she believes Jill Keimach acted in a perfectly legal way, which she believes the DA will ultimately conclude; she also believes the tape recording demonstrates the crime of bribery; bribery is where someone offers something of value, such as the cooperation of the union, in exchange for other favors; it should be evaluated; Councilmembers Vella and Oddie should step aside for the rest of the meeting; they offered something of value, the cooperation of the union, in the event of future budget cuts and implied the right for Ms. Keimach to keep her job : Therese Cannata, Attorney for Jill Keimach. Stated there needs to be an impartial, complete , adequate and thorough investigation into the questionable, if not illegal, action taken by two member s of the Council; not releasing the report to the public causes suspicion; Councilmembers Oddie and Vella voted on parameters of the investigation and the status of Ms. Keimach; both received campaign funding from the Firefighters union and demanded their choice for Fire Chief; the Council has a duty to entire community, not immediate supporters and donors: Burney Matthews, Alameda. Mayor Spencer inquired when the report will be released, to which the City Attorney responded tomorrow in the late afternoon. Special Meeting Alameda City Council May 1, 2018 3 Stated that she understands Jill Keimach has requested a public session; Jill has not received the 24 notice of specific complaints; questioned the process : Wendy Scheck, Moraga. In response to Mayor Spencer, the City Attorney stated people are jumping to conclusions; the Council is going through a legal process; the City is noticing closed sessions, which cannot be discussed; process is being followed. Expressed concern over the City Council taking acting in closed session; urged any earlier versions of the report be released, as well as a District Attorney report, if the City ever received one; expressed concern with limiting conflict of interests to financial; stated two Councilmembers should want the tape released if they are proud of what was said: Rock Harmon, Alameda. Stated only the un-redacted, full report and recording will suffice; releasing less will not put out the whole truth; speculation and distrust will continue; the recording could be legal; focus should be on Councilmember Oddie’s and Vella’s conduct ; a performance review has not been done; suggested letting Ms. Keimach return to work; stated if the DA finds the recording was illegal, Ms. Keimach could be fired for cause; stated Councilmembers Oddie, Vella and the City Attorney should not be in the room for the discussion: Karen Miller, Alameda. Stated the Council has created a mess and should clean it up; discussed beginning the recall process; requested Ms. Keimach be reinstated; stated Ms. Keimach could be reprimanded or not be given a pay raise, in exchange, the recall would be dropped: Stephen Slauson, Alameda. Discussed recusals and leaks from City Hall: Cameron Bateman, Alameda. Urged Councilmembers Oddie and Vella to step down from the City Council: Zach Kaplan, Alameda. Outlined her experience working with Jill Keimach: Barbara Silva, Moraga. Urged reconciling with Ms. Keimach: Paul Medved, Alameda. Asked the Council to give the people of Alameda the truth: Joe LoParo, Alameda. Stated that she is saddened at the state of local government ; discussed integrity; expressed concern over corruption; urged Councilmembers Vella, Oddie and the City Attorney to step aside: Catherine Bierwith, Alameda. Outlined her experience working with Jill Keimach: Tara Bhuthimethee. Special Meeting Alameda City Council May 1, 2018 4 Expressed concern over public comments against people the City elected without knowing the facts; expressed support for Councilmembers Oddie and Vella; stated a City Manager should know personnel matters are confidential and cannot be discussed; stated the same tactics were used to bully, smear and remove the Friends of the Alameda Animal Shelter Director: Catherine Pauling, Alameda. Discussed the 2016 election; stated that he finds Jill Keimach’s integrity intact; Councilmember Oddie’s and Vella’s integrity is being questioned; challenged them to convince Alameda residents that they can be trusted in the f uture: Dan Tuazon, Alameda. Outlined her experience with Jill Keimach: Michelle Fidelli. The meeting was adjourned to Closed Session to consider: (18-243) Conference with Legal Counsel – Anticipate Litigation; Significant exposure to litigation pursuant to subdivisions (d)(2) and (e); (1) of Government Code Section 54956.9; Number of cases: One (As Defendant - City Exposure to Legal Action). Not heard. (18-244) Conference with Real Property Negotiators (Government Code section 54956.8); Property: Assessor Parcel Numbers (APNs): 070-0196-027-2 and 070-0196- 042 (generally known as part of Tilden Way) and APNs: 074 -0906-031-3, -031-6, -034 & -035 and 074-0906-033 (generally known as the area along the southern border of Jean Sweeney Park); City Negotiators: Elizabeth Warmerdam, Acting City Manager, Jennifer Ott, Acting Assistant City Manager, Amy Wooldridge, Recreation and Parks Director; Potential Seller: Union Pacific Railroad Company; Issue Under Negotiation: Real Property Negotiations Price and Terms of Payment (18-245) Conference with Legal Counsel – Anticipated Litigation; Significant exposure to litigation pursuant to subdivisions (d)(2) and e(2) of California Government Code Section 54956.9 relating to the allegations made in City Manager Jill Keimach ’s October 2, 2017 letter; Number of cases: Three (As Defendant - City Exposure to Legal Action) (18-246) Public Employee Performance Evaluation; Public Employee Dismissal/Release; Pursuant to California Government Code Section 54957; Employee/Position: Jill Keimach, City Manager Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Real Property, direction was given to staff on two properties with unanimous votes. *** Mayor Spencer called a recess at 7:00 p.m. and reconvened the meeting at 9:24 p.m. *** Special Meeting Alameda City Council May 1, 2018 5 Following returning into Closed Session, the meeting was reconvened and regarding Litigation, no action was taken, and regarding Performance Evaluation, direction was given to staff by the following voice vote: Ayes: Councilmembers Oddie, Vella and Mayor Spencer – 3. Noes: Councilmembers Ezzy Ashcraft and Matarrese – 2. Adjournment There being no further business, Mayor Spencer adjourned the meeting at 11:00 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.