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2019-01-15 Special CC Minutes Special Meeting Alameda City Council January 15, 2019 1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL TUESDAY- -JANUARY 15, 2019- -7:01 P.M. Mayor Ezzy Ashcraft convened the meeting at 10:32 p.m. ROLL CALL - Present: Councilmembers/Commissioners Daysog, Knox White, Oddie, Vella and Mayor/Chair Ezzy Ashcraft – 5. Absent: None. AGENDA ITEMS (19-056) Recommendation to Review the Ballot Arguments and Address Rebuttals for the Two April 9, 2019 Special Election Measures: 1) a Proposed Initiative Measure to Change the Designation for an Approximately 3.65 Acre Site on McKay Avenue, by Amending the General Plan Designation from Office to Open Space, and by Amending the Zoning Ordinance from Administrative-Professional District to Open Space District; and 2) the Caring Alameda Act. The City Clerk gave a brief presentation. Councilmember Vella noted for the ballot argument against, a link should be added; Discussed opposition and mobilization efforts against the measure in the coming election: Doyle Saylor, Alameda. Expressed support for members of the Council signing; stated members of the public are interested in signing as well: Doug Biggs, Alameda Point Collaborative. Councilmember Vella inquired if the ballot argument against is also printed in the booklet. The City Clerk responded in the affirm ative; stated the Voter Information Pamphlet prints the argument in favor, followed by the rebuttal to the argument in favor, then the argument against, followed by the rebuttal to the argument against. Councilmember Vella inquired if the title is printed at the top. The City Clerk responded in the negative ; stated the exact wording in the Elections Code is used. Councilmember Oddie inquired if Council is being asked to provide the rebuttal argument. Special Meeting Alameda City Council January 15, 2019 2 The City Clerk responded in the affirmative; stated a decision must be made now because there is not another meeting prior to submitting the rebuttal arguments on January 24th. In response to Councilmember Oddie’s inquiry regarding options, the City Clerk stated the same subcommittees can be maintained, or they can be swapped. Vice Mayor Knox White inquired if there is a way to indent bullet points. The City Clerk responded in the affirmative; stated the formatting must be submitted by 5:00pm January 16th. Mayor Ezzy Ashcraft requested input from the City Attorney’s office on formatting. Vice Mayor Knox White recommended the authors of each argument sign and leave space for interested community members to sign; stated rebuttals should be written by the campaigns rather than Council. The City Clerk stated if different people write the rebuttal there is an additional requirement, the authors of the first one have to sign a release to allow other authors. Councilmember Vella stated the indentions went away due to formatting; she is happy to re-format and add the link; proposed a vote be taken in terms of giving the Mayor authority to sign on behalf of the Council and leave four spaces open for community signatures; inquired if that is possible. The City Clerk stated the Mayor’s title may be used. Mayor Ezzy Ashcraft expressed concern over not having unanimous vote of the Council; stated the Mayor and Vice Mayor can sign with respective titles. Councilmember Oddie stated that he agrees with indenting the bullets; inquired about multiple arguments being submitted. The City Clerk responded there is an order in the Elections Code; stated Council is highest in the order. Councilmember Oddie inquired if Council loses priority if the rebuttal is delegate to the campaign. The City Clerk responded in the negative; stated once there are two sides that have completed two direct arguments, then, rebuttals are done by the same groups. Councilmember Vella moved approval of the language [in the argument against the initiative] with the link and the indent, and authorizing the same subcommittee to work Special Meeting Alameda City Council January 15, 2019 3 on the rebuttal, having the Mayor and Vice Mayor sign and figure out the three other signers. Vice Mayor Knox White seconded the motion. Under discussion, Vice Mayor Knox White stated Councilmember Oddie has expressed interest in signing; inquired the process. Councilmember Vella stated that she is happy to have the Mayor and Vice Mayor sign both; there is intrinsic value to show there is a coalition of people involved. Mayor Ezzy Ashcraft suggested Mayor and Vice Mayor sign the ballot arguments and two other Councilmembers sign the rebuttals. Councilmember Oddie stated that he is fine with having two; inquired if the signatures can be on separate pages to which the City Clerk responded in the affirmat ive. Vice Mayor Knox White inquired if he must sign a release for the writing of the rebuttal, to which the City Clerk responded the release is for the signature. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft – 4. Abstention: Councilmember Daysog – 1. Councilmember Oddie moved approval of the argument [in favor of the Caring Alameda Act] as presented, approving the same subcommittee to write the rebu ttal, and having the Mayor and Vice Mayor sign with additional signatures by 5:00pm January 24 th, including the rebuttal release. Vice Mayor Knox White seconded the motion. Under discussion, Vice Mayor Knox White stated there are different ways to show unity; he is happy to have Councilmember Oddie sign with the Mayor. Mayor Ezzy Ashcraft stated having different Councilmembers sign might confuse voters. Councilmember Vella stated that she agrees; stated continuity is best; not signing does not equate not supporting. Mayor Ezzy Ashcraft stated signers affiliated with care centers might sign the rebuttal; Councilmembers would do best to keep it uniform. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft – 4. Abstention: Councilmember Daysog – 1. Special Meeting Alameda City Council January 15, 2019 4 (19-057) Recommendation to Consider Directing the City Attorney to Initiate Litigation to Obtain a Judicial Declaration Whether Enforcement of the McKay Open Space Initiative will Require the City of Alameda to Compensate the Owner for the Value of the McKay Avenue Property in the event that the McKay Open Space Initiative Becomes Effective. Councilmember Vella stated the item is premature and Council should not take action at this time. Councilmember Oddie suggested direction be given to put this item on a future agenda in the event it is needed. Mayor Ezzy Ashcraft stated Council should wait to provide direction until after April 9, 2019 election results. ADJOURNMENT At 10:59 p.m., there being no further business, Mayor Ezzy Ashcraft continued the meeting to February 1, 2019 at 5:01 p.m. Respectfully submitted, Lara Weisiger City Clerk and Secretary, SACIC The agenda for this meeting was posted in accordance with the Sunshine Ordinance.