Title
Recommendation to Accept the Certificate of Sufficiency for a Proposed Initiative Measure to Change the Land Use Designation for a 3.671 Acre Site on McKay Avenue, by Amending the General Plan Designation from Federal Facilities to Open Space, and by Amending the Zoning Ordinance from Administrative-Professional District, with Special Government Combining District Overlay, to Open Space District; and
Select One of the Following Options: 1) Adopt the Ordinance; 2) Adopt a Resolution Submitting the Ordinance to the Voters; Decide Interest in Drafting Arguments and Direct City Attorney to Prepare Impartial Analysis; or 3) Order a Report on the Effect of the Proposed Initiative Measure. (City Clerk 2220)
Body
To: Honorable Mayor and Members of the City Council
From: Lara Weisiger, City Clerk
EXECUTIVE SUMMARY
The Election Code requires the City Council to take action after an initiative petition is found sufficient and provides three options: 1) adopt the ordinance, without alteration, tonight or within 10 days; 2) submit the ordinance, without alteration, to the voters by adopting a resolution placing the measure on the ballot; or 3) order a report on the effect of the proposed initiative, which must be presented to Council within 30 days.
BACKGROUND
On April 26, 2018, a Notice of Intent to Circulate a Petition was filed in the City Clerk’s Office. The Notice of Intent and full text of the measure are attached (Exhibit 1). The City Attorney’s Title and Summary (Exhibit 2) was transmitted to the initiative proponents on May 10, 2018. On November 5, 2018, the petition was filed with the City Clerk and transmitted to the Registrar of Voters to examine the signatures. Based on a random sample examination pursuant to Elections Code Section 9266, the Registrar determined that the initiative petitions contain sufficient valid signatures. The Certificate of Sufficiency is attached (Exhibit 3).
DISCUSSION
Since 10% of the qualified voters of Alameda signed the petition, pursuant to Elections Code Section 9215, the City Council may: 1) adopt the ordinance, without alteration, tonight or within 10 days; 2) submit the ordinance, without alteration, to the voters by adopting a resolution placing the measure on the ballot; or 3) order a report on the effect of the proposed initiative, which must be presented to Council within 30 days. The report may include an analysis of any or all of the following: 1) fiscal impact; 2) effect on the internal consistency of the City’s general and specific plans; 3) effect on the use of land; 4) impact on funding for infrastructure; 5) impact on the community’s ability to attract and retain business and employment; 6) impact on uses of vacant land; 7) impact on open space, traffic congestion, existing business districts and developed areas designated for revitalization; and 8) any other matters the City Council requests. If a report is ordered, the matter would return for Council consideration at the January 2, 2019 meeting, at which time, the City Council could either adopt the ordinance within 10 days or place the matter on the ballot.
If the City Council adopts a resolution placing the measure on the ballot, State election law allows the City Council to determine its interest in authoring an argument for printing in the sample ballot. Direct arguments can be no more than 300 words and signed by no more than five registered voters. Rebuttal arguments cannot exceed 250 words and can also be signed by five registered voters. If the City Council wishes to draft an argument, there are options regarding the preparation of direct and rebuttal arguments. The City Council may: 1) draft an argument as a whole body in open session; 2) authorize up to two Councilmembers to draft an argument and have the entire Council sign; 3) authorize up to two Councilmembers to draft an argument and have a combination of Councilmembers and other eligible voters sign; or 4) authorize up to two Councilmembers to draft an argument and have up to five eligible voters sign. Additionally, the City Council can direct the City Attorney to prepare an impartial analysis not exceeding 500 words in length to be printed in the ballot.
FINANCIAL IMPACT
The costs associated with placing the measure on the ballot were not included in the General Fund Budget for Fiscal Year 2018-19. Placing the measure on the ballot for the next general municipal election on November 2, 2020, would cost approximately $25,000 for translation, typesetting, and printing the measure. The costs for placing the measure on a special election could range from $580,000 to $720,000 if there are no other matters on the ballot, but may fall below that range if the measure can be consolidated with another item on the ballot.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The initiative proposes to amend the City’s General Plan from Federal Facilities to Open Space and the Zoning Ordinance designation from Administrative-Professional District with a G overlay to Open Space District for the 3.671 acre site.
ENVIRONMENTAL REVIEW
Submittal of an initiative measure to the voters of the City is exempt from the California Environmental Quality Act (CEQA).
RECOMMENDATION
Consider options pertaining to changing the Land Use Designation for a 3.671 acre site on McKay Avenue, by amending the General Plan designation from Federal Facilities to Open Space, and by amending the Zoning Ordinance from Administrative-Professional District, with Special Government Combining District Overlay, to Open Space District:
Option 1 - Adopt the ordinance;
Option 2 - Adopt a resolution submitting the ordinance to the voters, decide interest in drafting arguments and direct City Attorney to prepare Impartial Analysis; or
Option 3 - Order a report on the effect of the proposed initiative measure, which is recommended by City staff.
Respectfully submitted,
Lara Weisiger, City Clerk
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Notice of Intent and Full Text of Measure
2. Title and Summary
3. Certificate of Sufficiency