pages: CityCouncil/2021-01-05.pdf, 10
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CityCouncil | 2021-01-05 | 10 | The City Attorney stated that he is assuming Councilmember Knox White is providing direction to staff and not amending the contract; direction is being provided to treat qualifying violations as substantial and for staff to bring any such substantial qualifying violation back to Council for approval. Councilmember Spencer inquired whether there is a reason the term "substantial" cannot be added to the agreement. The City Attorney expressed concern about adding the term "substantial" to the agreement since the term is undefined; stated policy can be internally defined; however, allowing the term "substantial" to be included in the agreement makes for difficult enforcement; noted Council direction was provided at first reading; stated that he does not recommend adding the term "substantial" to the lease agreement; the term should be provided as policy direction to staff; should Council wish for something more definitive, a limit of three violations provides a countable interpretation; a recommended motion could be to the effect of: "staff shall not implement the revocation unless one violation is substantial and, in such cases, staff must bring such violations to the Council for approval before implementation" as the policy direction while moving to approve the lease agreement as-is. The City Manager stated it will be difficult to add "substantive violation" due to the way subsection d. is written; staff will have to work on the language in order for it to make sense, which would require another first reading. Councilmember Knox White inquired whether the City Attorney's recommendation helps Councilmember Spencer's concerns. Councilmember Spencer inquired whether changes are being made to the lease agreement language or under a separate policy. Councilmember Knox White responded that the policy will be separate from the lease agreement; stated the term "substantial" will be included in a policy outside of the lease agreement. Councilmember Spencer stated the recommendation does not address her concerns; the policy proposed can be changed by a vote of three Councilmembers. *** (21-012) Mayor Ezzy Ashcraft moved approval of granting each Councilmember an additional 5 minutes. Councilmember Spencer seconded the motion, which carried by the following roll call vote: Councilmembers Knox White: Aye; Spencer: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. [Absent: Councilmember Daysog - 1.] *** Regular Meeting Alameda City Council 8 January 5, 2021 | CityCouncil/2021-01-05.pdf |