pages: CityCouncil/2021-01-05.pdf, 5
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CityCouncil | 2021-01-05 | 5 | The City Attorney stated any change made by Council that is not typographical will return for first reading based on the matter being final passage of an ordinance; noted the matter does require four affirmative votes of the Council in order to pass; stated violations must be substantial in order to enforce; there is difficulty and ambiguity in using the term "substantial;" however, staff has been directed by Council not to take action on minimal or trivial violations. The City Manager stated staff has included language on violations coming from the County or Code Enforcement; in order to create more protections, violations would have to be confirmed by both the City Attorney and City Manager. Councilmember Spencer stated there is discretion; expressed concern about the City process conflicting with the County process; stated violations which may not be egregious should be able to be cured; expressed support for language being included within the document, reflecting substantial violations versus an understanding between staff and Council. Councilmember Knox White inquired whether Council has signed other lease extensions for other businesses containing the language and whether staff can return to Council with a written policy to address the issues raised by Councilmember Spencer; expressed concern about multiple lease extensions on the same matter having different language. Vice Mayor Vella stated that she does not want to address an interpretive issue relative to lease agreements; Council can provide direction separately should it be needed; expressed support for a conversation being agendized at a future meeting; expressed concern about the safety of workers and members of the public; stated a number of companies have taken directives not as seriously as necessary, resulting in a tightening of measures in response to the number of employers experiencing major outbreaks; Alameda should be addressing the issue when providing public funds and changing lease agreements to public parcels; the intent of the language is to ensure health safety issues are addressed. Mayor Ezzy Ashcraft questioned whether Councilmembers Spencer and Knox White would be willing to work as an ad hoc committee to put together advisory language; stated policy direction is needed to ensure Council's intent is carried out; a proposal may be brought back for Council consideration; inquired whether an ad hoc committee is permissible. The City Attorney responded there are no legal problems should Council wish to appoint a subcommittee. Mayor Ezzy Ashcraft expressed concern about delaying the matter by reverting back to first reading; stated the concerns raised are valid; urged the matter move forward. Councilmember Spencer stated that her preference is to modify the language; she will Regular Meeting Alameda City Council 3 January 5, 2021 | CityCouncil/2021-01-05.pdf |