pages: CityCouncil/2019-02-19.pdf, 9
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CityCouncil | 2019-02-19 | 9 | Councilmember Oddie moved adoption of the resolution. Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5. (19-114) Introduction of Ordinance Amending the Alameda Municipal Code by Amending: (1) Section 2-17 of Chapter Il (Administration) to Revise the Housing and Building Code Hearing and Appeals Commission; (2) Section 1-7.9 of Chapter I (General) to Revise Hearing Procedures for General Municipal Code Violations; and (3) Section 2-44.1 of Chapter Il to Change the Title Chief Building Inspector to Building Official. Not heard. (19-115) Recommendation to Discuss and Potentially Take Action Concerning the Open Government Commission's (OGC) Decision Directing that Ordinance Nos. 3227 and 3228 (Relating to Cannabis Businesses) are "Null and Void", including Without Limitation Any Combination of the Following: (1) Take No Action, thereby Confirming that Ordinance Nos. 3227 and 3228 Remain in Full Force and Effect, (2) Adopt a Motion to Implement the Open Government Commission's Null-and-Void Decision, thereby Expressing Council's Concurrence that the Ordinances are Null and Void, (3) Direct Staff to Notice a Public Hearing Concerning the Repeal (if necessary) of Ordinance Nos. 3227 and 3228 and/or the Replacement of Such Ordinances With the Same or Similar Provisions, (4) Direct Staff to Prepare Amendments to the Sunshine Ordinance to Address Concerns Noted in this Agenda Report, including the Exhibit Files, or Raised at the Meeting, or (5) Any Other Related Actions Proposed by Council. Councilmember Daysog recused himself; requested the Interim City Attorney explain why he does not have to recuse himself. The Interim City Attorney stated while Councilmember Daysog had been previously advised to recuse himself from the item due to the location of a specific applicant relative to Councilmember Daysog's personal residence, an exception to that from the California Fair Political Practices Commission (FPPC), called a Public Generally Exception, allows participation; outlined the Public Generally Exception. Councilmember Daysog stated the phrase "Public Generally" conflicts with the Request for Proposals (RFP) process; the situation is unique, with a limited number of cannabis operations selected in the City of Alameda falling below the FPPC 25% Public Generally threshold, he should recuse himself; left the dais. The Interim City Attorney gave a brief presentation. Councilmember Vella inquired whether Councilmember Daysog's recusal is not mandated and would be treated as an effective abstention; what is the impact on the overall vote. The Interim City Attorney responded it is considered an abstention. Regular Meeting Alameda City Council 6 February 19, 2019 | CityCouncil/2019-02-19.pdf |