Title
Adoption of a Resolution Submitting to the Voters an Ordinance Entitled “Caring Alameda Act” the Special Municipal Election to be Held in the City of Alameda on Tuesday, April 9, 2019, that Proposes to Have the Voters Confirm Resolution No. 15461, which Amended the General Plan Text and Land Use Diagram, and Ordinance No. 3234, which Amended the Citywide Zoning Map for the Property on McKay Avenue (APN 74-1305-26-2) to Allow for Senior Assisted Living and Support Services for Homeless Individuals; and Consider Authoring a Direct and Possible Rebuttal Argument. (City Manager 2100) [Continued from January 2, 2019]
Body
To: Honorable Mayor and Members of the City Council
From: David L. Rudat, City Manager
EXECUTIVE SUMMARY
On November 28, 2018, the Alameda County Registrar of Voters (Registrar) determined the initiative measure to change the land use designations for an approximately 3.65 acre site on McKay Avenue from Office/Administrative-Professional to Open Space (the “open space initiative”) contains sufficient valid signatures to qualify for the ballot. On December 4, 2018, the City Council accepted the certificate of sufficiency and directed staff to return with a report on the effect of the open space initiative. The Council also directed staff to prepare a companion measure to protect the City’s General Fund from the potential fiscal impacts of the initiative. These two actions are part of companion staff reports to this agenda item.
As part of this effort, staff has prepared a competing measure for Council consideration in defense of the City Council’s actions in December 2018 to adopt a Mitigated Negative Declaration, amend the General Plan text and Land Use Diagram, and amend the Citywide Zoning Map to allow use of the property at McKay Avenue for homeless services. The Council may choose to submit this measure to the voters by adopting a resolution placing the measure on the Special Election ballot scheduled for April 9, 2019.
BACKGROUND
On November 28, 2018, the Registrar determined the open space initiative qualified for the ballot. If approved by the voters, the measure would limit use of the property to parks and recreational uses and prohibit the development of a wellness center for senior assisted living, a medical rehabilitation center, and supportive services for the homeless (“Wellness Center”), which is currently planned for the property.
On December 4, 2018, the City Council:
• Adopted a Mitigated Negative Declaration in compliance with the California Environmental Quality Act (“CEQA”), approved General Plan Land Use Diagram and text amendments and introduced the first reading of a zoning map amendment to allow the subject property to be used as a Wellness Center; and the Council adopted the final reading of the zoning map amendment on December 18; and
• Accepted the certificate of sufficiency and directed staff to return with a report on the potential impacts of the open space initiative on the City (“Impact Report”).
DISCUSSION
In response to a citywide and regional housing crises, on December 4, 2018, the City Council adopted a Mitigated Negative Declaration in compliance with CEQA, approved General Plan Land Use Diagram and text amendments and approved the first reading of a zoning map amendment to allow the property on McKay to be used for senior assisted living, a medical rehabilitation center, and support services for homeless individuals. The City Council adopted the final reading of the zoning map amendment on December 18. Use of the approximately 3.65 acre property for senior assisted living and medical services for formerly homeless seniors addresses a critical citywide need that is not being served anywhere else in the City. The Council’s actions are supported by the entirety of the record, including:
• The 2018 Homelessness Needs Report that found that homeless services are the second most pressing social services need in the City of Alameda, behind transportation;
• The City of Alameda Social Service Human Relations Board’s June 28, 2018 motion in support of and September 25, 2018 letter of support of the Wellness Center proposal;
• The City of Alameda Planning Board’s October 8, 2018 recommendation to support the rezoning and General Plan amendment for the Wellness Center; and
• General Plan Housing Element Goals and policies, including Goal #2: “Provide housing that meets the City’s diverse housing needs, specifically including affordable housing, special needs housing, and senior housing”; Policy HE-2: “Expand the City’s supply of affordable rental and ownership housing for extremely low-, very low-, low-, and moderate-income households”; Policy HE-3: “Create rental, homeownership, and other housing opportunities for special needs populations such as the elderly, homeless and people at risk of becoming homeless, people with physical and/or developmental disabilities, single-parent households, and young adults”; and Policy HE-4: “Encourage and support new residential opportunities for senior citizens, including senior housing projects, multifamily housing projects with accessible and small housing units, assisted living projects, and in-law unit projects”.
The proposed “Open Space Initiative” would reverse the City Council’s actions in support of the Wellness Center and designate the approximately 3.65 acre site for open space uses, thus prohibiting the use of the site for homeless housing and medical services. Although the City is in the midst of a major citywide parks expansion effort, the subject site is not identified in any City plans for open space expansion, and as described and shown in the Impact Report, the site is not appropriate for open space use. Finally, the East Bay Regional Park District has no interest in acquiring the subject property, and the City of Alameda does not have the financial resources available to purchase the property, demolish the existing eleven buildings, and create a park. Furthermore, any City financial resources that could potentially be devoted to the project would need to be taken from future allocations necessary to complete the final phases of the Jean Sweeney Open Space Park and Estuary Park estimated to cost $17.5 million and other major park expansions planned for Alameda Point including the Regional Sports Complex and DePave Park.
The City Attorney drafted the Caring Alameda Act that proposes to have the voters confirm the City Council’s decisions to make the site available for senior assisted living and supportive services for homeless individuals. Specifically, the Caring Alameda Act allows Alameda voters to confirm Resolution No. 15461, which adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and amended the General Plan as follows (strikethrough text and double underline text reflect language deleted and added, respectively, by the City Council in Resolution No. 15461):
(a) The General Plan Federal Facilities Land Use Designation shall read as follows:
“FEDERAL FACILITIES: Sites occupied by Federal facilities including Naval Reserve Center, the Federal Center on McKay Avenue, and Coast Guard Island are in this category.”
(b) The following sentence in the Land Use Element shall read as follows:
“Three Two sites are in use: the U.S. Coast Guard (Coast Guard Island) and the Naval Reserve Training Center on Clement Avenue, and the Federal Center on McKay Avenue. The City and the Federal agencies consult on development issues, but the City has no power to regulate development on Federal sites.”
(c) The General Plan Land Use Diagram for APN 74-1305-26-2 shall reflect the Office Land Use Designation.
The Caring Alameda Act also allows Alameda voters to confirm Ordinance No. 3234, which amended the Citywide Zoning Map by removing the Government Combining District Designation for the subject property on McKay Avenue to allow for development of a Wellness Center that would provide senior assisted living and support services for homeless individuals.
This Measure is designed allow the Alameda voters to confirm the City Council’s decisions to make the site available for senior assisted living, support services, and medical services for homeless individuals. If both the Measure and the open space initiative receive a majority of votes, and the Measure receives more votes than the open space initiative, then the General Plan Office designation for the site and the Administrative-Professional Zoning designation for the site would remain in effect to allow the site to be used for a Wellness Center. The Caring Alameda Act also authorizes the City Council to change any land use designations for the site in the future in response to changing conditions or concerns. In addition, if the proponents of the McKay Avenue Open Space Initiative withdraw their measure from the ballot, pursuant to Elections Code section 9215.5, by 5:00 p.m. on January 11, 2019, this Caring Alameda Act will be deemed null and void and have no effect.
The City Council may adopt the resolution submitting the Measure to the voters on the April 9, 2019 ballot or simply do nothing.
Ballot Question
The voters will be asked the following ballot question concerning their confirmation of the Ordinance.
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City of Alameda Measure: Shall an ordinance confirming the City Council’s actions to permit the development of a wellness center for senior assisted living and supportive services for homeless individuals on a 3.65-acre parcel on McKay Avenue by changing the General Plan designation to Office, removing the Government Combining District Zoning Designation, and maintaining the Administrative-Professional zoning district, be adopted? |
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Ballot Arguments
Since April 9, 2019 would not be a consolidated election, the arguments must be submitted within 14 days of the City Council calling the election. If the City Council approves the resolution submitting the Measure on the April 9, 2019 ballot, the direct argument deadline January 16, 2019 and the Council must determine its interest in authoring an argument by that date. Direct arguments can be no more than 300 words and have a limit of five signers. Rebuttal arguments cannot exceed 250 words and have a limit of no more than five signers. The deadline for rebuttal arguments would be January 24, 2019.
If the City Council elects to prepare a ballot argument and potential rebuttal, it has the following options: 1) draft an argument as a whole body in open session and decide signers at that time; 2) authorize no more than two Councilmembers to meet as a subcommittee of the City Council to draft an argument and have the entire Council sign; 3) authorize no more than two Councilmembers to draft an argument and decide to have a combination of Councilmembers and/or other signers; or 4) authorize no more than two Councilmembers to draft and sign an argument and have up to three/four other signers. The City Council could also elect not to draft an argument.
Impartial Analysis
The accompanying resolution directs the City Attorney to prepare an impartial analysis not exceeding 500 words in length to be printed in the ballot.
FINANCIAL IMPACT
Since this measure is being added to the April 9, 2019 Special Election being called for the open space initiative, the only cost for the measure is approximately $25,000 for translation, typesetting, and printing the measure. The costs associated with placing the measure on the April 9, 2019 ballot are not included in the General Fund budget for Fiscal Year 2018-19.
ENVIRONMENTAL REVIEW
The Caring Alameda Act seeks to confirm the City Council’s actions on December 4, 2018, and December 18, 2018, which were based on the City Council’s findings and determination that the Mitigated Negative Declaration for the project adequately addresses the potential environmental impacts of the project in compliance with CEQA. The City Council’s findings and determinations in connection with its adoption of Resolution No. 15461 are hereby incorporated by this reference for the purposes of the Caring Alameda Act. As a separate and independent basis, this action is exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(3) (no significant environmental impact) and 15378 as it does not constitute a project within the meaning of CEQA because it does not have the potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. In this case, the proposed measure would simply maintain the existing zoning and general plan designations on the property, thus preserving the status quo.
RECOMMENDATION
Adopt a Resolution submitting to the voters at the Special Election of April 9, 2019 a Measure, the Caring Alameda Act, that proposes to have the voters confirm Resolution No. 15461, which amended the General Plan, and Ordinance 3234, which amended the Alameda Municipal Code for the property on McKay Avenue (APN 74-1305-26-2) to allow for senior assisted living, support services, and related activities in support of homeless individuals; and consider authoring a direct and possible rebuttal argument.
Respectfully submitted,
David L. Rudat, City Manager
Financial Impact section reviewed,
Elena Adair, Finance Director