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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