pages: CityCouncil/2014-07-15.pdf, 9
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CityCouncil | 2014-07-15 | 9 | Vice Mayor Ezzy Ashcraft inquired what is the property zoning designation after the Fiscal Responsibility Ordinance is passed. The City Attorney responded that when the open space initiative is adopted and goes into effect on August 14, 2014, the site is zoned open space; if the Fiscal Responsibility Ordinance is modified, it would have to come back on July 29; if the Fiscal Responsibility Ordinance goes into effect and the City is sued within 120 days, it is up to the Council whether or not to take action; the Fiscal Responsibility Ordinance does not require the Council to do anything. Vice Mayor Ezzy Ashcraft inquired whether the zoning designation of open space is upheld if the Council decides to stay and/or suspend the ordinance. The City Attorney responded in the negative; stated a stay or suspension means Council has suspended the effectiveness of the open space initiative, the open space zoning would not apply and the property revert to its existing zoning which is residential. Vice Mayor Ezzy Ashcraft inquired whether language could be added to the Fiscal Responsibility Ordinance which carries out the intent to ultimately keep the property zoned as open space. The City Attorney responded the Council would not do a stay or suspension in order to retain the open space designation; the Council would only exercise the stay or suspend option so as not to incur the harm that gives right to the claim until the Council is able to pay for it. Councilmember Chen inquired why include the stay or suspend option if Council might not exercise the option. Mayor Gilmore responded if the City is sued within 120 days, the Council has to affirmatively decide whether or not to suspend or stay the open space ordinance, it is not automatic. Councilmember Daysog moved final passage of the initiative ordinance. Councilmember Chen seconded the motion, which carried by unanimous voice vote - 5. (14-322) Final Passage of 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 3.899 Acres of Land Adjacent to Mckay Avenue to open space. Amended and introduced. Refer to the ordinance adopting the Initiative Measure [paragraph no. 14- 322 for the discussion. Regular Meeting Alameda City Council July 15, 2014 | CityCouncil/2014-07-15.pdf |