pages: CityCouncil/2019-02-19.pdf, 10
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CityCouncil | 2019-02-19 | 10 | Councilmember Vella inquired whether three votes are needed to affirmatively take action, to which the Interim City Attorney responded in the affirmative. Councilmember Oddie stated that he would like an explanation of the complaint filed. The Interim City Attorney outlined the previous complaint filed and the Open Government Commission (OGC) meeting discussion. Councilmember Oddie stated the staff report contains pertinent information related to the agenda topic. The Interim City Attorney stated the Sunshine Ordinance outlines the required agenda title, as opposed to the content of the staff report. Councilmember Oddie inquired how Council will ensure the decision is "bulletproof" for the next agenda. The Interim City Attorney responded there is no guarantee of being "bulletproof." Vice Mayor Knox White stated the agenda item itself is not about cannabis; inquired whether staff's opinion is if no action is taken, which is Option 1, the October 16th Council action continues to stand, to which the Interim City Attorney responded in the affirmative. Vice Mayor Knox White outlined the history of the Sunshine Ordinance and the OGC; stated that he is unclear of staff's legal authority to decide that the null and void provision in the Sunshine Ordinance did not happen; inquired whether staff may arbitrarily decide that an action did not happen. The Interim City Attorney responded this is the first time since adoption of the ordinance that the null and void remedy was used by the Commission; stated the City Attorney's office is obligated to provide the best legal advice at the given time. Councilmember Vella stated the agenda requirements do not state "title" under the Sunshine Ordinance; outlined Alameda Municipal Code Section 2-95.5 of the Sunshine Ordinance; stated the reason for enacting the Sunshine Ordinance was to help alleviate overly legalese agenda titles; inquired why agenda titles should be listed in long-hand form in order to be compliant. The Interim City Attorney responded it is a matter of interpretation; stated staff advised the OGC that the title did satisfy the Sunshine Ordinance, but the Commission concluded differently; titles should be brief and concise that people with average intelligence can comprehend. Councilmember Vella stated there is a disconnect between what is being conveyed from Regular Meeting Alameda City Council 7 February 19, 2019 | CityCouncil/2019-02-19.pdf |