pages: CityCouncil/2020-02-04.pdf, 13
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CityCouncil | 2020-02-04 | 13 | The Assistant City Attorney responded by discussion the staff report drafting process. Councilmember Vella expressed concern for not having a meeting date similar to other boards and commissions; inquired whether it is possible to establish a regular meeting date; stated not having a regular meeting date is not transparent and both parties may not understand when meetings may be held. The City Clerk responded meetings are typically scheduled on the first Monday based on past practice; sometimes the complainant, who is required to attend, cannot make the hearing date, therefore flexibility in scheduling is needed to accommodate all parties. Councilmember Vella noted a date held on the calendar could assist the complainant in hearing preparation; stated the process is similar to the Rent Review Advisory Committee (RRAC) or Planning Board; expressed concern for allowing delays in hearing matters; expressed support for a more expeditious process; inquired about the remedy and process if null and void is removed; questioned why someone would go the OGC as opposed to filing a case in court. The City Attorney responded the process will still allow the OGC to hear the matter; should the OGC find a violation, a recommendation would be issued to the originating body detailing OGC findings; stated the recommendation being issued serves a number of purposes, including an open and transparent process in which the original policy body can reconsider the decision made; in the unfortunate event a decision is ignored, there would be significant accord for judicial review. Councilmember Vella stated the City Attorney's office represents the City, but also oversees and advises the OGC; inquired the result and outcome should the OGC make a recommendation against the City or process. The City Attorney responded there are well established judicial precedence which allows a government office to establish ethical walls when appropriate should conflicting bodies be represented; outlined an example regarding an appeal to a personnel board. Councilmember Vella expressed concern about the transparency of the process; stated emergency ordinances have been passed; questioned whether there could have been delays in passing emergency ordinances; stated some of the issues are process issues; there should be procedural ways to streamline and reagendize an item sooner; expressed concern for removing the ability to have the decision to call the question on the Council without going to court; stated the null and void provision allows a decision to be made and hold the Council's feet to the fire without having to go through a long court process; expressed concern for future Council's not abiding by the OGC's recommendations. Councilmember Daysog stated a tool is needed for Council to catch instances where decisions are made without proper notice; public noticing is key to ensure the public can Regular Meeting Alameda City Council 11 February 4, 2020 | CityCouncil/2020-02-04.pdf |