Title
Discuss and Provide Recommendations Concerning Potential Amendments to Article VIII (Sunshine Ordinance) of Chapter II (Administration) of the Alameda Municipal Code, as Amended, to Replace "Null and Void" Remedy
Body
To: Chair Tilos and Members of the Open Government Commission
BACKGROUND
At the request of the Open Government Commission ("Commission"), staff begins this agenda report by summarizing its prior legislative history for greater context.
Local Legislative Context
In late 2017, the City Council adopted two ordinances (Zoning and Regulatory) that covered all aspects of regulating the commercial operations of cannabis businesses in Alameda. These ordinances were effective beginning January 18, 2018.
The regulatory ordinance capped the maximum number of permits to be issued for dispensaries at two. On July 24, 2018, the Council directed staff to amend the ordinances in various ways, but in relevant part, to increase the cap on dispensaries from two to four: two open to the public and two "delivery-only".
On October 16, 2018, the Council revised the ordinance by converting the two additional "delivery-only" dispensaries to "delivery-required" (i.e., open to the public) dispensaries. After making those revisions, the Council introduced on first reading on the two ordinances (Zoning and Regulatory).
Following the first reading, on October 30, 2018, a member of the public filed a complaint with the Commission concerning the agenda title.
On November 7, 2018, the Council took final action to adopt the two ordinances on second reading, after taking further public comment, including comment from the OGC complainant, in addition to other members of the public.
The complaint was heard by the OGC on November 14, 2018. After deliberation, the OGC sustained the complaint, thereby deeming the two ordinances null and void and determined that the Council may consider re-noticing the ordinances following a public hearing to allow members of the publi...
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