pages: CityCouncil/2020-02-04.pdf, 17
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CityCouncil | 2020-02-04 | 17 | provided from the current discussion. The City Attorney stated that Councilmember Oddie may move to adopt the staff recommendation with direction to review. Councilmember Oddie moved approval of the staff recommendation [introduction of the ordinance], with direction for staff to work with the OGC to find an effective replacement to the null and void remedy based on Council discussion. Councilmember Daysog seconded the motion. Under discussion, Vice Mayor Knox White stated that he will not support the motion; expressed support for removing null and void, but only in the event where the remedy is known; stated removing null and void with no remedy removes any remaining teeth; the fine for violation will be laughable and will have no real impact. Mayor Ezzy Ashcraft inquired whether Vice Mayor Knox White would like staff direction to include fines and penalties provision be revisited. Vice Mayor Knox White responded in the affirmative; stated that he would like to ensure direction provided includes accepting the City Attorney's position on the item; a balance should be maintained without repealing maintaining the status quo; in order for him to support repeal, there should be a remedy in place. Mayor Ezzy Ashcraft stated that she will not support any motion which keeps the null and void remedy; the remedy is not valid, given the Charter and Council authority. Councilmember Vella stated that she will not be supporting the motion for reasons similar to Vice Mayor Knox White; the issue has been known; there has been legal research; there is no harm in waiting another month or 60 days for the OGC to weigh-in and provide a remedy recommendation. Councilmember Oddie stated the remedy is not authorized under the Charter or the constitution. Councilmember Daysog stated the items raised by Vice Mayor Knox White and Councilmember Vella are valid; taking a vote risks removing leverage; expressed support for Councilmember Oddie's motion; stated a contradiction to a higher role should not be left unaddressed; expressed support for the City Attorney to work in good faith with the OGC and the public in creating the language that is akin to null and void that provides some teeth but is aligned with how the City Charter is interpreted. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Oddie and Mayor Ezzy Ashcraft - 3. Noes: Councilmembers Knox White and Vella - 2. Regular Meeting Alameda City Council 15 February 4, 2020 | CityCouncil/2020-02-04.pdf |