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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.
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To: Honorable Mayor and Members of the City Council
From: David L. Rudat, Interim City Manager
EXECUTIVE SUMMARY
Because of the expressed potential for litigation and the associated legal risks concerning the current validity of the two ordinances dealing with cannabis business regulations, Council is meeting in closed session on February 19. Following that closed session, the Council will discuss various options concerning the ordinances. Those options include: (1) Taking no action to implement the Open Government Commission's decision last year that the two ordinances are null and void, thereby confirming the ordinances in question remain in full force and effect; or (2) Adopting a motion that implements the Open Government Commission's decision, thereby expressing Council's concurrence that the two ordinances are null and void. As to the first option, Council could also direct staff to notice a public hearing concerning the repeal and replacement of the two Ordinances (essentially what was on ...
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