pages: CityCouncil/2020-12-01.pdf, 17
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CityCouncil | 2020-12-01 | 17 | Council meetings. Councilmember Vella inquired the total amount being requested. The Assistant Community Development Director responded the total for non-profits/Spirits Alley is $114,132 out of the $400,000 set aside by Council; stated $460,266 out of the $1.5 million is set aside for loan conversion. Mayor Ezzy Ashcraft expressed support for adding a clause to the agreement stating: "should recipients of funds be found to be in violation of an order issued by the County Public Health Officer or Code Compliance Officer, Police Officer or a member of City staff, then the recipient should forfeit any benefits received under this program;" stated there have been instances of leniency; however, due to COVID-19, there is no room for leniency for any risky events or public exposure which will prolong the pandemic. Councilmember Daysog inquired whether the violation provision will be set going forward, to which Mayor Ezzy Ashcraft responded in the affirmative. Councilmember Oddie inquired how the provision is permissible. The City Attorney responded Council may make the requirement prior to a tenant signing the lease amendment; stated businesses will sign as part of the lease amendment; the City is not granting an entitlement and is negotiating a contract, which can include the provision of revoking grace from Council for relief should the violation occur. Councilmember Oddie stated the provision had not been included in the published original lease amendment language. The City Attorney stated the Council regularly makes modifications to ordinances and items which are fairly well agenized; the change is provisional and is allowable within the Council process. Councilmember Vella moved approval of the staff recommendation and accompanying ordinance, with the inclusion of the amendment language provided by Mayor Ezzy Ashcraft: "should recipients of funds be found to be in violation of an order issued by the County Public Health Officer or Code Compliance Officer, Police Officer or a member of City staff, then the recipient should forfeit any benefits received under this program." Councilmember Oddie seconded the motion. Under discussion, Vice Mayor Knox White stated that he supports the intent of the provision; inquired if the actual language is being inserted to the amendment. The City Attorney responded staff will draft language consistent with Council's direction; stated the direction is fairly narrowly tailored; provided sample language: "if the lessee is found to be in violation of Health, Code or Law Enforcement Officer orders, then this amendment shall be in no further force effect. ;" staff will provide the final language for second reading. Vice Mayor Knox White stated that very few Code Enforcement violations have been found so far; expressed concern about loans being pulled for small infractions; noted there is a level of Regular Meeting Alameda City Council 14 December 1, 2020 | CityCouncil/2020-12-01.pdf |