pages: CityCouncil/2009-11-03.pdf, 2
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CityCouncil | 2009-11-03 | 2 | (09-433) Recommendation to Accept Transmittal of Certificate of Sufficiency of an Initiative Petition Entitled "Alameda Point Development. " Speakers : Gretchen Lipow, played a video and submitted ahandout on behalf of Eugenie Thomson; David Howard, Alameda; Irene Dieter Reyla Greber, Protect the Point; Julia Liou, Oakland Chinatown Advisory Committee. Mayor Johnson inquired whether Council has any discretion on placing the matter on the ballot, to, which the City Attorney responded in the negative. Mayor Johnson inquired about misleading comments noted by speakers. The City Attorney responded that she has reviewed the initiative and does not conclude that there is sufficient evidence to engage in litigation over the matter; stated there seems to be some confusion regarding the difference between a Council initiative and a voter initiative, which does not require prior California Environment Quality Act (CEQA) compliance. Mayor Johnson inquired whether there is any basis for not placing the matter on a ballot. The City Attorney responded in the negative; stated Council or the City Clerk would have been required to seek declaratory relief from the Court to be relieved of ministerial duties to certify the signatures and set the election. Mayor Johnson inquired whether an Environmental Impact Report (EIR) would be completed prior to placing the matter on the ballot. The City Attorney responded in the negative; stated the developer is not required by law to begin the CEQA process [before placing the matter on the ballot] the developer has consented to pay for the study which will not be completed prior to the election; a Disposition and Development Agreement would not come to Council without a CEQA analysis; the City has gone above and beyond to attempt to initiate the CEQA process. Vice Mayor deHaan inquired whether the City Attorney has reviewed Eugenie Thomas' letter, to which the City Attorney responded in the negative. Vice Mayor deHaan inquired whether the City Attorney received Ms. Thomas' letter prior to tonight, to which the City Attorney responded in the negative. Regular Meeting Alameda City Council November 3, 2009 | CityCouncil/2009-11-03.pdf |