pages: CityCouncil/2020-02-04.pdf, 11
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CityCouncil | 2020-02-04 | 11 | Councilmember Oddie inquired what Government Code Section 54952 states. The Assistant City Attorney responded it is the portion of the Brown Act that defines a legislative body. Councilmember Oddie stated a policy body that is subject to the Brown Act should be subject to the Sunshine Ordinance as well. The Assistant City Attorney stated the connection is sensible, yet has not previously been made. The City Attorney stated the Housing Authority is a separate legal entity from the City, similar to the School District, and is not subject to the Sunshine Ordinance. Councilmember Oddie expressed support for recommending the Housing Authority adopt the Sunshine Ordinance; inquired whether Section 2-91.5 requires all documents material to an item accompany the agenda; noted a previous item lacked the presentation, which is material to the item; questioned whether the presentation is exempt from being included; inquired where the presentation fits under Section 2-91.5. The Assistant City Attorney responded that he is unsure; stated the intent of the amendment is to not have the language ensure general materiality, but more related to the action of the item. Councilmember Oddie inquired whether the OGC determines the materiality of the item. The Assistant City Attorney responded the OGC would make a determination should there be an alleged violation. Councilmember Oddie expressed concern about the language being unclear and potentially causing open interpretation. The Assistant City Attorney stated the OGC is staffed by the City Attorney's office and has resources to determine whether or not a violation has occurred. Councilmember Oddie inquired whether Resolution 15382 prohibits ceding time and Section 2-93.7 states that all local laws inconsistent with the ordinance are superseded; stated the Sunshine Ordinance allows time to be ceded and a spokesperson appointed; Resolution 15382 removed the option of ceding of time; the Sunshine Ordinance states it takes precedence causing a conflict. The Assistant City Attorney responded that he is not aware of any other conflicts; stated any subsequent areas of conflict may be addressed in an amendment; the goal is consistency with the Council adopted resolution. Regular Meeting Alameda City Council 9 February 4, 2020 | CityCouncil/2020-02-04.pdf |