pages: CityCouncil/2005-07-19.pdf, 16
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CityCouncil | 2005-07-19 | 16 | The City Attorney stated that she would step down during the agenda item and the next agenda item [paragraph no. 05-365], which have to do with her Contract. Mayor Johnson stated that the Council has a copy of the legal opinion; Council can vote to make it available to the public; there is nothing in the opinion that needs to be confidential. Councilmember Matarrese moved approval of waiving attorney client privilege restrictions on the memos. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. Mayor Johnson stated the opinion is an interpretation of a Contract provision; last year, she was informed that the City Manager's vehicle allowance had increased; in November, she asked the City Attorney to review whether the City Manager's vehicle allowance had changed; the response she received back was it had not changed; a Councilmember then learned that the vehicle allowance for the City Manager was $372; Councilmembers questioned how the vehicle allowance was increased because the Contract states that the vehicle allowance is $250; Council asked the Human Resources Director to check on the matter; last week, the response back from the Human Resources Director was that a legal opinion was obtained from outside counsel that indicated that the vehicle allowance should be increased because of a change in tax; the reason the matter is on the agenda is because her response to the Acting City Manager was that the amount should stay the same and should remain the $250 in the Contract until the Council agrees to change the amount; that she requested that the Acting City Manager change the amount back to $250 and he stated that the Council should give direction on the matter, which is why she placed the matter on the agenda; the Council should determine what happened and has wondered why the amount is higher than the amount in the Contract; the Council should decide whether the vehicle allowance stays the higher amount or goes back to the Contract amount; there should be a Contract amendment ; that she is interested in other Councilmembers' thoughts that she does not recall seeing the legal opinion; in 2001, the memo to the City Attorney from Linda Tripoli states "You have asked this office for a legal opinion relative to an issue that has arisen with regard to the car allowance;' the opinion is dated April 10, 2001; that she understands that the change in amount did not go into effect until October, 2003; that she does not recall seeing the opinion in 2001 or 2003; when she asked in 2004, she was informed that there were no changes that she is sure the response meant there was no change in the net Regular Meeting Alameda City Council 16 July 19, 2005 | CityCouncil/2005-07-19.pdf |