2019-11-05 701 PM CC CS Minutes
Special Meeting
Alameda City Council
November 5, 2019
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -NOVEMBER 5, 2019- -7:01 P.M.
Mayor Ezzy Ashcraft convened the meeting at 9:30 p.m.
Roll Call – Present: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft – 5.
[Note: Councilmembers Oddie and Vella recused themselves and left the
meeting.]
Absent: None.
Public Comment
Former Mayor Trish Spencer, Alameda, stated that she wanted the tape released when
she was Mayor; read from the District Attorney letter; urged the tape be rel eased; stated
requests for Councilmember reimbursement should wait until the tape is released;
discussed errors in the Grand Jury report.
The meeting was adjourned to Closed Session to consider:
(19-618) Conference with Legal Counsel – Liability Claim (Pursuant to Government
Code, Section 54956.9 (e)(3)); Claimant: Malia Vella; Agency claimed against: City of
Alameda
(19-619) Conference with Legal Counsel - Anticipated Litigation; Significant exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9; Number of
cases: One (As Defendant - City Exposure to Legal Action)
Following the Closed Session, the meeting was reconvened and the City Attorney
announced that regarding the Liability Claim and Anticipated Litigation, staff provided
information to Council with two votes taken: 1) the motion failed by the following voice
vote: Ayes: Vice Mayor Knox White – 1; Noes: Councilmember Daysog and Mayor Ezzy
Ashcraft – 2 [Absent: Councilmembers Oddie and Vella – 2]; 2) the motion carried by
unanimous voice vote 3 [Absent: Councilmembers Oddie and Vella – 2] with the
following report out: on April 16, 2018, three un-recused Council members (Spencer,
Ezzy Ashcraft and Matarrese) declined to reimburse Councilmember Vella for attorney's
fees she incurred in connection with the City's Administrative Investigation relating to
the Keimach matter; one day later, on April 17, 2018, Councilmember Vella filed a
formal claim against the City, alleging defamation, invasion of privacy and again
requested reimbursement of attorney's fees; in sum, Councilmember Vella requests
reimbursement of approximately $93,000 in attorney's fee, which she incurred in
connection with the City's Administrative Investigation ; the City never formally acted-on
or rejected the April 17th claim; thus, it is deemed rejected by operation of law after 45
days of inaction by the City (Government Code Section 945.6(a)(2)); this Council is not
Special Meeting
Alameda City Council
November 5, 2019
prepared to further reimburse Councilmember Vella for attorney's fees incurred during
the City's administrative investigation (the $93,000 requested) or pay additional public
funds to settle Council Member Vella's other claims; thus, the Council directed the City
Attorney to formally reject the pending claims; additionally, the Council directed the City
Attorney to release the tape made by Keimach with appropriate redactions authorized
by law, in response to pending Public Records Act requests ; the Council has, in
particular, authorized the preparation of a transcript, entirely at the City's e xpense, for
purposes of redaction and public release; Council further authorized the City Attorney to
execute appropriate conflict waivers to permit attorneys from the law firm of Remcho
Johansen and Purcell to represent the City in these matters, under the direction of the
City Attorney.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:53
p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.