Title
Recommendation to Review the Ballot Arguments and Address Rebuttals for the Two April 9, 2019 Special Election Measures: 1) a Proposed Initiative Measure to Change the Designation for an Approximately 3.65 Acre Site on McKay Avenue, by Amending the General Plan Designation from Office to Open Space, and by Amending the Zoning Ordinance from Administrative-Professional District to Open Space District; and 2) the Caring Alameda Act. (City Clerk 2220)
Body
To: Honorable Mayor and Members of the City Council
From: Lara Weisiger, City Clerk
EXECUTIVE SUMMARY
On January 2, 2019, the City Council appointed subcommittees to draft ballot arguments for the McKay Open Space Initiative and the Caring Alameda Act, which will be submitted to the voters at the April 9, 2019 special election. In addition, the City Council needs to address rebuttal arguments.
BACKGROUND
On December 4, 2018, the City Council ordered a report on the McKay Open Space Initiative and directed staff to prepare related measures, which returned to Council at its January 2, 2019 meeting. On January 2, the City Council placed the McKay Open Space Initiative and the Caring Alameda Act on the April 9, 2019 ballot and appointed subcommittees to draft a ballot argument against the McKay Open Space Initiative and in favor of the Caring Alameda Act to present at the January 15, 2019 meeting.
DISCUSSION
Arguments Against Open Space Initiative and In Favor of Caring Alameda Act
The subcommittee of Mayor Ezzy Ashcraft and Councilmember Vella prepared the ballot argument against the McKay Open Space Initiative and Vice Mayor Knox White and Councilmember Oddie drafted the ballot argument in favor of the Caring Alameda Act for the City Council’s consideration. In addition, the Council may decide who will sign the argument or can allow the subcommittee to make the decision. The arguments must be signed by not more than five authors. The options are: 1) have the entire Council, or a member or members of the Council, sign; or 2) have a combination of Councilmembers and others sign. Original signatures are needed on a Declaration of Argument Authors form, which is available from and can be completed at the City Clerk’s office. Signatures must be submitted by 5:00 p.m. on Wednesday, January 16, 2019.
Rebuttal Arguments
In addition to the direct arguments, Resolution Nos. 15472 and 15473 authorize rebuttal arguments to be filed for both the McKay Open Space Initiative and the Caring Alameda Act. The rebuttal arguments and Declaration of Authors forms must be submitted by 5:00 p.m. on Thursday, January 24, 2019. The rebuttal is limited to 250 words. The City Council can select the same or different subcommittees to draft the rebuttal arguments. If Council wishes to review the rebuttal arguments, a special meeting would have to be called on Wednesday, January 23. If a special meeting is not called, Council must decide who will sign the argument tonight or, alternatively, can defer the decision to the subcommittee.
FINANCIAL IMPACT
Authoring ballot arguments does not have any financial impact. The costs associated with placing the measures on the ballot were not included in the General Fund Budget for Fiscal Year 2018-19. The costs for placing the measures on a Special Municipal Election could range from $580,000 to $720,000. Financial impact of calling the Special Municipal Election was also addressed during the January 2, 2019 City Council meeting.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The McKay Open Space Initiative proposes to amend the City’s General Plan from Office to Open Space and the Zoning Ordinance designation from Administrative-Professional District to Open Space District for the approximately 3.65 acre site. The Caring Alameda Act proposes to confirm the City Council’s actions to change the General Plan designation to Office, remove the Government Combining District Zoning Designation, and maintain the Administrative-Professional District for the site.
ENVIRONMENTAL REVIEW
Submittal of an initiative measure to the voters is exempt from the California Environmental Quality Act (CEQA).
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
Review the ballot arguments, select authors and address rebuttal arguments.
Respectfully submitted,
Lara Weisiger, City Clerk
Exhibits:
1. Draft Argument - McKay Open Space Initiative
2. Draft Argument - Caring Alameda Act
3. Declaration of Argument Authors Form