pages: CityCouncil/2020-02-04.pdf, 10
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CityCouncil | 2020-02-04 | 10 | Councilmember Vella inquired whether the meeting minutes from when the ordinance was enacted have been reviewed. The Assistant City Attorney responded in the affirmative; stated the meeting video was also reviewed. Councilmember Daysog inquired whether the concept of null and void was included in the original ordinance resulting in the creation of the Open Government Commission (OGC). The Assistant City Attorney responded that he was not here when the Sunshine Ordinance was adopted; stated the Sunshine Ordinance was adopted at the same time as the duties and powers of the OGC. Councilmember Daysog inquired the harm in keeping the null and void provision. The Assistant City Attorney responded it is difficult to tell; stated should the null and void remedy be used again, there will be a risk of incongruence with the City Attorney's office. Mayor Ezzy Ashcraft requested clarification be provided on the precedence set. The Assistant City Attorney stated the null and void remedy was only used recently; general rule states that a policy making body, vested with various legislative powers to make local law, cannot delegate its authority; the basis for the rule is to ensure the policy making body makes the fundamental policy decisions; the refinements of the general rule discusses delegation; the delegation authority is separate from the general rule; where null and void falls is a question; outlined the refinement process; the Council may make regulations, similar to rent and cannabis, where a decision is made and staff fills in the blanks; the null and void remedy does not fall into the area of filling in blanks, it is a fundamental policy decision; the power to make local law includes the power to repeal the law. Councilmember Daysog stated Charter Section 3-2 contains language that allows policy making boards to establish concepts such as null and void; noted Section states: the Council may confer upon any board or officer powers and duties additional to those set forth in this Charter; the Council may confer powers and duties upon boards and policy making bodies, but it must be consistent with the City Charter; noted Section 3-1 says the ultimate power making authority rests with the City Council. Councilmember Oddie inquired whether the Housing Authority Board falls under Section 1, part D beginning: "Policy bodies shall mean the following " of the draft ordinance. The Assistant City Attorney responded the Board would not due to the lack of the Board creating policy; stated the Board is subject to the Brown Act and the parallel requirements of the Sunshine Ordinance related to agenda posting. Regular Meeting Alameda City Council 8 February 4, 2020 | CityCouncil/2020-02-04.pdf |