pages: CityCouncil/2021-07-06.pdf, 15
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CityCouncil | 2021-07-06 | 15 | ballot statement does not reference any kind of demolition; inquired the legal constraints in using the term "reuse" on a ballot; whether there is a limit to the range of activities and reuse permitted on the site. The City Attorney responded two previous ballot measures, Measures A and B, went to the voters; Measure B was prepared by the voters to overturn Council's decision to rezone the property; Measure A was a Council proposed measure to compete with Measure B and affirm Council's rezoning decision; the underlying decision was related to zoning and was not project-specific; the voters decided to support Measure A, with the legal meaning being a defeat to Measure B; Measure A's principal and only legal function was to compete with and defeat Measure B; Measure A did not have the effective of constraining Council action and did not add additional limitations to the Charter or City laws; Measure A confirmed that Council's rezoning decision had been correct; the ballot measure language provided a lot of information as background, including reuse; it is possible that voters casted votes based on the background information; however, the legal significance for Measure A was to compete with Measure B and to allow the Council decision to move forward; the result does not restrict future Council decisions and despite the vote which took place, the result does not limit Council's action. Mayor Ezzy Ashcraft requested clarification about Measure B in relation to rezoning. The Assistant City Attorney stated Measure B was a citizen's initiative to rezone the same parcel open space following Council's action to rezone the property, remove the G overlay and maintain the administrative professional underlying zoning. *** (21-441) Mayor Ezzy Ashcraft inquired whether Council would like to lower public comment speaking time. Vice Mayor Vella moved approval of limiting speaking time to 1:00 per speaker. Mayor Ezzy Ashcraft seconded the motion, which failed by the following roll call vote: Councilmembers Daysog: No; Herrera Spencer: No; Knox White: No; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 2. Noes: 3. Urged Council deny the certificate of approval to demolish the historic property on McKay Avenue; discussed ballot information about Building 2 being structurally sound and reused; stated numerous community tours have been conducted; ballot measure language was specific about reuse of existing federal buildings; the matter should be submitted to the voters: Lis Cox, Alameda. Urged Council to support the Historical Advisory Board (HAB) decision; stated the matter is an attempt to stop the wellness center; the site is important for historical purposes; however, the buildings have lost their historic integrity; she agrees the ballot Continued June 15, 2021 Regular Meeting Alameda City Council July 6, 2021 15 | CityCouncil/2021-07-06.pdf |