pages: CityCouncil/2021-09-07.pdf, 6
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CityCouncil | 2021-09-07 | 6 | Mayor Ezzy Ashcraft inquired whether correspondence is often received up until the time of the meeting, to which the City Clerk responded in the affirmative. Councilmember Herrera Spencer stated that she would like to know whether it is possible to have the OGC review the penalty provision; the provision is extreme; she would like to know the procedure of having the provision reviewed; expressed concern about the use of the term "shall" under Section 2-93.8.a. The City Attorney stated the ordinance shows the originating body being required to consider the Commission's recommendation with the use of the term "shall.' Councilmember Herrera Spencer stated that she is concerned by the use of the term "shall;" the term "may" should be used instead; she has concerns about the Commission dictating that Council must consider a recommendation; the interim poses Council keeping status quo; outlined an instance related to cannabis ordinances; stated the language reads as though Council has to follow the lead of the OGC to void the original decision, re-evaluate the matter and make another decision; it is not appropriate for a Commission to dictate to Council what must be done; Commissions may make recommendations. Mayor Ezzy Ashcraft requested clarification for the use of the term "shall" versus "may" in the ordinance. The City Attorney stated if the Commission renders a decision that a Council decision enacting an ordinance is unlawful, Council would be required to consider the recommendation; the decision does not automatically mean that the previous Council decision is void; however, the matter must be agendized as soon as possible to discuss and consider the Commission's recommendation; the Council may accept or reject the Commission's recommendation upon a majority vote; if Council wants to change the term to "may," Council may or may not consider the Commission's recommendation; both approaches are lawful. Councilmember Herrera Spencer stated that she has concerns over the use of the term "shall" throughout the section; Council must decide at the time whether or not to re-visit an issue; Council may consider the OGC's recommendation; the City Charter is clear about which body has the ultimate power which is City Council, not Boards and Commissions; a vote of the people needs to give authority to the OGC; any use of the term "shall" is a problem. The City Attorney stated staff has met with the OGC many times; the OGC would like to have gone much further than the proposed language; the proposed language seeks the maximum compromise possible; there are no legal problems if Council wishes to change "shall" to "may;" the changes can easily be made. Mayor Ezzy Ashcraft stated that she understands the section as pertaining to a violation Continued July 20, 2021 Regular Meeting Alameda City Council 2 September 7, 2021 | CityCouncil/2021-09-07.pdf |