pages: CityCouncil/2021-01-05.pdf, 12
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CityCouncil | 2021-01-05 | 12 | Councilmember's home with the existence of a visitor-serving use; should the Councilmember believe there will be a financial impact to their home's value, up or down, then recusal should be sought. Councilmember Daysog stated that that he can be a fair and impartial participant in the discussion. The Assistant Community Development Director stated the location near Councilmember Daysog's home is visitor-serving; however, the lease agreement being considered is for a warehouse location at Alameda Point; the location does not directly feed the operations of the Webster Street location. Mayor Ezzy Ashcraft started the City is only the landlord for the location at Alameda Point. The City Attorney stated given that the location near Councilmember Daysog's home is not a concern, it is unlikely that his property value will be affected in a positive or negative way; since Councilmember Daysog has stated that he can be fair and impartial under Common Law, he is able to participate in the discussion; outlined concerns raised by Councilmember Spencer. Councilmember Daysog inquired whether policy guidance would guard against overreach on the part of staff or Council. Mayor Ezzy Ashcraft responded businesses would have to be found in significant violation of County Public Health Officer's orders; noted any violation first yields education, warning, and then citation, unless a violation is egregious; protection for all is key. Vice Mayor Vella stated the concern is a Council-raised issue. Councilmember Daysog inquired whether Pacific Pinball or Wonky Kitchen could use or take advantage of the policy guidance should a violation occur. The City Attorney responded any Council adopted policy could be used to protect tenants via their legal representation; stated staff would be remiss not to follow Council direction. Councilmember Spencer stated that her concern is a policy change requires three votes from Council. Councilmember Daysog expressed concern about an overreach from staff in enforcing tenant violations or penalties; expressed support for a form of due process. Mayor Ezzy Ashcraft stated lease forfeiture is not part of the discussion; forfeiture of City funds is being discussed. Regular Meeting Alameda City Council 10 January 5, 2021 | CityCouncil/2021-01-05.pdf |