pages: CityCouncil/2014-07-01.pdf, 18
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CityCouncil | 2014-07-01 | 18 | Councilmember Daysog inquired whether the additional language to stay or suspend the initiative is an option the Council can exercise if a lawsuit is filed and the City has to deal with fiscal impacts through options such as property taxes, sales taxes, and reprogramming General Fund money; to which the City Attorney responded in the affirmative. Mayor Gilmore concurred with her colleagues; stated the benefit of adopting the initiative is acknowledging the will of the people; if Council is not sued after 120 days, the property is rezoned to open space; if there is a lawsuit, the Council has authority to manage the fiscal impact of a lawsuit; a primary goal of the Council is to do what is best for the City and protect the General Fund. Vice Mayor Ezzy Ashcraft moved approval of receiving the report and introduction of the ordinance. Councilmember Tam inquired whether the motion included the amendment to the ordinance, to which Vice Mayor Ezzy Ashcraft responded in the affirmative. Councilmember Chen seconded the motion, which carried by unanimous voice vote - 5. (14-295) SUMMARY: Approve Actions Related to Proposed Alameda Open Space Fiscal Responsibility Measure. Recommendation to Consider Options Pertaining to the Alameda Open Space Fiscal Responsibility Ordinance Pertaining to the Initiative Measure to Amend City of Alameda General Plan Including the 2007-2014 Housing Element and the Zoning Ordinance to Classify Approximately 3.8999 Acres of Land Adjacent to McKay Avenue to Open Space: Option 1 - Adopt the Ordinance; Option 2 - Adopt a Resolution Submitting the Measure to the Voters, Decide Interest in Drafting Arguments and Direct City Attorney to Prepare Impartial Analysis; or Option 3 - Take No Action. For the discussion, refer to the Report in the Initiative Measure [paragraph no. 14-294]. Councilmember Daysog moved approval of option 1: introduction of the ordinance with amendments to include language regarding reprogramming the General Fund: "the City Council cuts services or modifies the City Budget in an amount sufficient to pay the judgment and all accrued interest thereon; pay all legal fees associated with defending the claim and lawsuit, make any required improvements to the property and pay for necessary maintenance of the property." Vice Mayor Ezzy Ashcraft seconded the motion, suggested including the amendment regarding Council's ability to "suspend or stay" the initiative in the event of inverse condemnation. Under discussion, Councilmember Daysog inquired whether the changes the City Attorney suggested are conforming changes, to which the City Attorney responded in Regular Meeting Alameda City Council 17 July 1, 2014 | CityCouncil/2014-07-01.pdf |