pages: CityCouncil/2014-07-15.pdf, 6
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CityCouncil | 2014-07-15 | 6 | government owns the property and could decide to do something else with the property while the City and the EBRPD are litigating in court; the federal government can sell it to another developer; that she wants to make it clear to the public that the matter being discussed tonight does not bring EBRPD closer to owning the property. Stated no one from the Friends of Crown Beach has stated a lawsuit would not occur; that she does not support the Fiscal Responsibility Ordinance which invites a lawsuit; inquired whether the Council is trying to defeat the will of the voters: former Councilmember Karin Lucas, Friends of Crown Beach. Mayor Gilmore inquired why Ms. Lucas feels the Fiscal Responsibility Ordinance is more likely to draw a lawsuit from the developer or the federal government. Ms. Lucas responded the developer has an interest in maintaining the current residential zoning and the Fiscal Responsibility Ordinance allows the Council to suspend the open space zoning. The City Manager stated the citizen's initiative already changes the zoning and creates the cause of action; inquired what about the Fiscal Responsibility Ordinance creates more of an incentive for the developer or the federal government to sue the City. Ms. Lucas responded the City Attorney has stated it would be legal for the Council to stay or suspend the citizen's initiative. The City Manager stated that he and Ms. Lucas are not understanding each other; that he takes issue with Ms. Lucas statement that Council passed zoning of the property into residential without concern for financial consequences; the property was zoned residential as part of the Housing Element which was passed because of the State's threats to pull Alameda's transportation funding; finances were a factor. Ms. Lucas stated there was no need to include the Neptune Point parcel in the Housing Element and it has since been excluded. The City Manager stated the Neptune Point parcel has been excluded since the Council passed the Housing Element without being penalized; had the Council not passed the Housing Element when it did, more sites would have had to be included. Vice Mayor Ezzy Ashcraft stated that she does not believe the Council is trying to defeat the will of the voters; inquired where funds to pay costs related to a lawsuit would come from. Ms. Lucas responded the Council is responsible for managing the City's funds; stated the voters would like to see the property incorporated into EBRPD's system; the City is not paying for the EBRPD expenses; the City has Crown Beach for free and the voters are paying for the property through property taxes. Regular Meeting Alameda City Council July 15, 2014 | CityCouncil/2014-07-15.pdf |