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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.