pages: CityCouncil/2017-07-18.pdf, 12
This data as json
body | date | page | text | path |
---|---|---|---|---|
CityCouncil | 2017-07-18 | 12 | The City Attorney responded the tenant has decided to terminate the lease. Mayor Spencer inquired when is the last day of tenancy, to which Mr. Waxman responded July 31st. Councilmember Matarrese stated that he does not believe Mr. Waxman's client is relevant to the current situation. Vice Mayor Vella stated Mr. Waxman can fill out a speaker slip. Mayor Spencer stated the Council decision is that 15 minutes would not be allotted to the tenant, who can fill out a speaker slip. Council concurred to limit speakers to 2 minutes each. Mayor Spencer stated speakers will be limited to 2 minutes; if someone wants to cede their time to another person they will speak for 4 minutes. The City Clerk stated the past practice has been to allow speakers to have up to 6 minutes. The Assistant Community Development Director gave a presentation. Councilmember Matarrese inquired whether the enforcement is revocation, to which the Assistant Community Development Director responded in the affirmative. Councilmember Oddie stated Council received documents from the Appellant that outline the applicable standards for a Use Permit (UP) amendment and revocation; inquired whether staff concurs that the standards under California law apply to revocation. The Assistant City Attorney responded there is a different standard to revoke a UP as opposed to granting or denying a UP; the courts apply an independent judgement rule to the decision to revoke a UP; under said standard, a weight of evidence test would be conducted to determine whether the agency's decision should be upheld; staff believes if Council decides to revoke the UP, the weight of the evidence supports said decision. Councilmember Oddie inquired whether the City has to adhere to basic standards of due process, to which the Assistant City Attorney responded in the affirmative. Councilmember Oddie inquired if the due process includes some type of notice. The Assistant City Attorney responded in the affirmative. Councilmember Oddie inquired whether the notice needs to include the identification what the City feels the UP holder is violating. Regular Meeting Alameda City Council July 18, 2017 | CityCouncil/2017-07-18.pdf |