pages: CityCouncil/2019-02-19.pdf, 11
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CityCouncil | 2019-02-19 | 11 | the OGC versus what is being said at Council; outlined the OGC's decision and staff report exhibit provided; inquired where in the 450 page exhibit the conversation of title requirement comes up. The Interim City Attorney responded the decision of the OGC related to title is shown on pages 452-455. Vice Mayor Knox White stated the OGC's upholding of the complaint was not because the title was not specific enough, it was due to the title being so specific that a reasonable reader would not expect that the decision would consist of additional items; the idea of having more specific agenda items is the opposite of what is being requested. Councilmember Oddie inquired whether the issue is being too specific or not specific enough; discussed the February 4th and December 17th OGC meeting agenda titles. The Interim City Attorney responded that his understanding is that the agenda title was not specific enough; concerning the first complaint, it did not adequately describe the action Council eventually took; the lack of specificity also related to the second complaint, because the agenda did not indicate that if Council took no action, the ordinances in question would remain in full force and effect. Councilmember Oddie stated that he recalls asking the City Attorney for an opinion on whether or not the discussion points being reviewed were compliant with the Brown Act. The Interim City Attorney stated the City Attorney responded and Council proceeded. Councilmember Oddie inquired how disputes are resolved. The Interim City Attorney responded if the violation falls under the Brown Act, a complaint may be filed asking Council to reconsider its action; if Council does not reconsider, there is a judicial proceeding that follows, and if the court finds there was not substantial compliance with the Brown Act, the court can set aside the action. In response to Councilmember Oddie's inquiry, the Interim City Attorney stated it is a judicial court proceeding. Councilmember Oddie inquired the basis of the opinion for the repeal of the null and void being not authorized. The Interim City Attorney responded the State constitution and the City Charter vest in the City Council the authority to both adopt and repeal ordinances. Councilmember Oddie stated nothing could stop Council from putting something in an ordinance that violates either the City Charter or the Constitution and would not be repealed until brought to attention. Regular Meeting Alameda City Council 8 February 19, 2019 | CityCouncil/2019-02-19.pdf |