pages: CityCouncil/2019-01-15.pdf, 9
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CityCouncil | 2019-01-15 | 9 | Councilmember Oddie inquired if Council changes the ordinance, the same issues raised in the complaint may arise. The Interim City Attorney responded if Council wants to amend substantiate provisions of the ordinance, he recommends Council not take action and have the item brought back at a future meeting; outlined a staff memo provided to Council. Vice Mayor Knox White stated the Open Government Commission provides citizen oversight of the City Attorney's determination; expressed concern that the decision did not come back to Council for re-interpretation; inquired if Council is not approving anything related to existing applications, to which the Interim City Attorney responded in the affirmative. Vice Mayor Knox White inquired if any action taken by Council will affect existing applicants and what actions are being taken relating to applicants. The Base Reuse and Community Development Director responded one applicant has been given the right to pursue a land use permit and operator's permit; stated the application is under the existing ordinance; the applicant could amend the application under the new ordinance and propose to have adult use as well as medicinal use; there is an indirect impact on the applicant going through the process. Vice Mayor Knox White inquired if the Request For Proposals (RFP) process allows the ability, if changes are made in the future, for the application to be amended. The Base Reuse and Community Development Director responded that staff would permit and amendment to the land use application as well as the regulatory permit application. Vice Mayor Knox White inquired if the RFP states the application may be amended. The Base Reuse and Community Development Director responded the applicant has been granted the right to apply, and has applied for both a land use permit and regulatory permit. The Assistant City Attorney stated many of the changes, which have occurred prior to the applicant receiving land use entitlement, would apply, including the adult use provision; the applicant has expressed concern about restrictions; the RFP does not have a specific provision that prohibits an applicant from amending their application. Councilmember Vella inquired if Council changes would negatively impact the applicant; whether the applicant would lose the ability to apply after already investing. The Assistant City Attorney responded it depends on the particular provision, but it is a possibility. Regular Meeting Alameda City Council 7 January 15, 2019 | CityCouncil/2019-01-15.pdf |