pages: OpenGovernmentCommission/2018-11-14.pdf, 3
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OpenGovernmentCommission | 2018-11-14 | 3 | The Assistant City Attorney responded he did not think there would be any harm; stated the Council asked whether or not the Ordinance would comply and if they could proceed; since the answer was affirmative, Council chose to move forward. In response to Commissioner Schwartz inquiry on who answered affirmatively, the Assistant City Attorney stated the Acting City Attorney. Commissioner Henneberry inquired whether the Acting City Attorney explained the basis of his opinion. The Assistant City Attorney responded the Acting City Attorney explained that the attorneys had opined on the matter and communicated to Council that proceeding with a second reading was okay; the Acting City Attorney further stated the opinion has not changed. Commissioner Henneberry stated the ordinance talked about delivery-only and was completely flipped on its head at the October 16th meeting by adding two full-service dispensaries with deliveries; inquired how doing so works with the strict and exact standards of agenda noticing. The Assistant City Attorney responded staff's position is that the change was delivery- only to delivery-required; stated the agenda was noticed for an increase in the number of dispensaries; the agenda language did state delivery-only, the Council has authority to modify the ordinance in part because State law does not regulate the businesses any differently and does not have a distinction for delivery-only; the distinction is a local consideration, therefore, the Council has authority; conversely, the Council could decide not to make the distinction and still be compliant, which is precisely what the Council did in this instance. Commissioner Foreman stated that he did not see the term "delivery-required" in either the regulatory or zoning ordinance that came before Council on October 16th The Assistant City Attorney stated Commissioner Foreman is correct; Council was amending the ordinances to allow the change to happen and directed staff to do so. Commissioner Foreman stated the change was not only delivery-only to delivery- required, it was also changed from "closed to the public" to "open to the public." The Assistant City Attorney agreed with Commissioner Foreman's statement; stated the ordinance language from November 7th defined the change. Commissioner Schwartz inquired whether the Assistant City Attorney would agree with Ms. Chen that the difference between delivery-only and delivery-required is a facility that is just a warehouse versus a facility that has public interaction. Meeting of the Open Government Commission 3 November 14, 2018 | OpenGovernmentCommission/2018-11-14.pdf |