Recommendation to Approve Agreement Appointing Michael H. Roush as Interim City Attorney for a Term of No More Than 960 Hours at a Salary of $113.94 Hourly. (Human Resources 2510)
Recommendation to approve agreement appointing Michael H. Ross in terms of the attorney for a term of no more than 960 hours at a salary of $113 a 90%. And unfortunately, I won't be able to support that. That's why I pulled it. That we have a motion to approve. I move. Their second. Offsetting. All those in favor. I. All those opposed. I oppose. Others abstain. I'm sorry. I would like a little discussion. Let's have discussion. All right. And then I have. Yes. So did you want to make some comments? I made a point of order. That motion goes down. Correct. Because we had a motion. We voted. There were two. A yes and a no and silence. So we haven't finished counting votes. We have. So I'm happy to. Okay, so I'll go to our clerk. City clerk, do you want to tell us where we are in regards to the last motion when we had a request to have some discussion during the vote? I think that the people who didn't make a vote yet wanted to have discussion prior to this. The motion failed then? Or is that just like back to where we're discussion discussing the motion? I think it's up to you guys because you didn't have a full voting motion to reconsider. We need to have it. It would have to be something. So I'm okay acting as though the motion failed because. That's right. I'll go ahead with that. But then could we have a motion to reconsider that then? If you want to move it so moved. All right, I'll second that. All those in favor. Okay. All right. So now let's get back to being clear about this motion. Okay. I'm happy to explain it. To reconsider the same thing. Yes. Okay. Yes. That's what he had asked for my motion. That's the one we're reconsidering. Okay. I just wanna make sure you understand where we are. Frank, I'm not. You're confused. So his motion had already know his version had already failed. Yeah. And then I think the vice mayor and I may both be continue. We do it. Now. He made a motion. His motion failed then and we were in the middle of my motion when she asked though she would want to make comments. And then he, uh. I was. I would like to. Situation. Do you want to reconsider? Frank's. Okay, so then. Now we're back on Frank's Ocean. At the beginning. Okay. So, are you making a motion for reconsideration? I will second the vice mayors motion. I thought we already did that. Yeah, we're actually on the motion and we can discuss. We're clear. When you made your emotions, I assumed it was the most recent motion, not the original motion. So go ahead. I just would like some discussion, I think. You know, I guess my concern and we've we've discussed this is an issue of making sure that we have continued legal counsel as we transition into the new council and that we don't have an absence of a city attorney. And I think that that's a primary concern, at least for me. If the mayor could elaborate on her concerns. I would appreciate hearing them. So I'm not. Can I take a recess to ask you about? I can say on the record publicly. Okay. So I'm going to take a short recess and ask our legal counsel what I can say on the record. While I appreciate the concept of continuity. My first concern when hiring any employee has always been their ability to do their job at serving our city. And I have concerns in regards to that. And to me that has to be the primary focus when I'm hiring any employee for our city. And I would say especially a city attorney. Member. Did you want to speak first now? Yes. So I will be voting to support the the acting or Mr. Roush as the acting city attorney until we hire a new city attorney. I have differed with him recently on his advice to the Open Government Commission on a noticing item having to do with cannabis. But I don't expect to always agree with our city attorney, but I do expect a clear and open line of communication for as long as he is our if he is our acting. And I felt that I had that. And anyway, I also well, I won't go beyond that. But anyway, that's it. Thank you, though, for the motion to reconsider and I'm happy to offer. I also disagreed with the advice and there are been other issues that I've that where I've disagreed. Any other comments from council? So the motion to recommend to approve the agreement appointing Michael Roush is the motion that I will now call the question on. All those in favor. I, I oppose and I oppose. Motion carries for two one. Thank you. Now we are on. To J. Final passage of ordinance amending the Alameda Municipal Code by amending various provisions of Article 17 cannabis businesses of Chapter seven business, occupation industry including but not limited to a modified the definition of use centers as a sensitive use, including specifically excluding certain uses, martial arts, combat sports, cultural or similar education and physical fitness, and to modify the definition of cannabis business owner to conform with state law and see make any other conforming amendments. All right. So we have three public speakers. I would like to go ahead and call them at this time. I don share it. Irina Chen and then Marc Hersman. Yes. And you each get up to 3 minutes.