Adoption of Resolution Approving a Final Map and Authorizing Execution of A Subdivision Improvement Agreement for Tract 8500, Alameda Marina As A Condition to Final Map Approval. (Public Works 310)
Adoption of resolution approving a final map and authorizing execution of a subdivision improvement agreement for tract 8500 aluminum arena as a condition to final map approval. All right. And Councilmember decided you want to hear a report on this? No, not really. Madam Mayor, if it's okay. In the past, I hadn't been supportive of this, so I thought I'd be consistent by voting no on it. Or it's okay to change your mind. That's true. Okay. Just so you know that. All right. I'll keep that in mind. All right. Well, then I don't think we need to do a staff report. I think I'll just ask for a motion. So this is adoption of resolution, approving a final map and authorizing execution. Subdivision improvement is what the city clerk already read that a motion from you council wrote. I just have a question. I mean, according to the the staff report, it's ministerial in nature and we can either approve it or remand it. I mean, what if, for instance, hypothetically, we chose to reject this and not remand it? I mean, what would be the. What would be the consequence of that? I mean, if three of us agree with that, that position, that we should just vote no on it without giving direction back to staff. I mean, what's the consequence? And like magic, here is our city engineer, Scott Wickstrom. Good evening, Mr. Wickstrom. Thank you, Madam Mayor. Or members of the City Council? Yes, sir. The council member, Otis Point. This is a. Typically final maps are ministerial actions. Essentially, the discretionary action that council takes is in approval of either the master plan, in this case the subsequent tentative map application and then the associated conditions of approval that come with that tentative map. And in in our process, the final map basically completed our review of the approval plans and from our opinion, basically made sure that all of the. Pertinent conditions of approval search with the tender map have been approved. So if council really doesn't have an. Option to reject the map per se, but what they can do is basically ask questions or dig into details about whether or not the developer has complied with all of the conditions of the approval to the city's satisfaction. So thank you, Mr. Cantor. Everybody, back to you. Thank you, Madam Mayor. I mean, so what are the legal consequences if we just decided we were going to not approve this? I might ask our. City attorney to. Yeah, it was to start with him, actually, Mr. Chan. Yeah. So, Councilmember. So it's hard to speculate, because one of the things you're doing is to essentially review the staff's work to see whether or not the final map does conform. And if for some reason you disagree with the city engineer, as he indicated, you could certainly send it back to. Him for further review. Obviously, in the hypothetical sense that if the city engineer did everything right and nonetheless council voted no. On a final map, it. Is possible that a court, by order of the Council to order the city to change its mind. But with every item that comes in front of the Council, the Council. Retains discretion to review the staff work and make a decision on whether or not you agree with the final analysis. And that's why it's in front of you. Okay. Because a lot of times we have these ministerial acts and, you know, some people choose to vote against them without really understanding what the legal consequences are. And really what we're being asked to do today is either remand it back to staff with suggestions for changes, or say that staff complied with what our legal agreements ask them to do. So it's it's often really strange to have these type of discussions on ministerial acts, you know, whether it's moving money from one budget line item to another or approving a tentative map. I mean, the horse is out of the barn on this. This is something that's approved. And we're just trying to say, you know, Scott, Mr. Nixon, did you and your team do your job? And, you know, I'm perfectly happy saying that you did and I'm happy to move approval of this item. Thank you. Accept the motion. Do we have a second split second by the vice mayor? Move by accounts over 30 seconds by Vice Mayor Knox. Why do we have a roll call vote with Councilmember Desai? No. Odie. Yes. Oh, Knox, wait. Sorry, I. Vella Hi. Mayor. As the Ashcraft I that carries by five for one with disagree now. Thank you. All right we have completed the consent calendar and we're going to move to our regular agenda items. First Episode six ave and of group. Recommendation authorizing the mayor to sign a letter of support for the Oakland Alameda Access Project. And we have quite a few people coming into the meeting on this item, and we also have a presentation. Right. So we'll give given is it looking like two minute time for speakers because of the number? Yes, you are correct on that. Well, wait, one, two, three. But we have six so far, so we need one more if it goes. Yes. Now we have seven. Eight. All right. So we have a number of of very capable, knowledgeable folks with us. And, man, have there been a lot of conversations lately, but we're going to have a few more. So in addition to our stellar city staff planning building transportation director Andrew Thomas, Rochelle Wheeler, who's a project manager on our estuary bridge project.