Resolution 14680CITY OF ALAMEDA RESOLUTION NO. 14680
CALLING AN ELECTION IN THE CITY OF ALAMEDA ON
NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORS AN INITIATIVE ENTITLED "CHARTER
AMENDMENT CHANGING THE REQUIREMENTS FOR WHEN A
CITYWIDE BALLOT MEASURE IS NEEDED TO AUTHORIZE
CERTAIN SALES OR DISPOSALS OF CITY PARKS"
WHEREAS, pursuant to authority provided by Sections 1415, 9255(a)(2)
and Section 12001 of the Elections Code an initiative petition has been filed with
the City Council of the City of Alameda, signed by more than 15% of the voters of
the City, to submit to the voters a proposed Charter amendment entitled, "Charter
Amendment Changing Requirements for When a Citywide Ballot Measure is
Needed to Authorize Certain Sales or Disposals of City Parks;"
WHEREAS, the Registrar of Voters examined the records of registration
and ascertained that the petition is signed by the requisite number of voters, and
has so certified; and
WHEREAS, the City Council is authorized and directed by statute to
submit the proposed Charter amendment to the voters;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF ALAMEDA THAT:
Section 1. Pursuant to the requirements of the Charter of the City of
Alameda and general law, there is called and ordered to be held in the City of
Alameda, California, on Tuesday, November 6, 2012, a General Municipal
Election for the purpose of submitting the following measure:
Charter Amendment Changing Requirements for When a
Citywide Ballot Measure is Needed to Authorize Certain
Sales or Disposals of City Parks
Shall the Charter of the City of Alameda be
amended by amending Section 22 -12 to
eliminate language that allows the City Council
to sell or dispose of public parks or any portion
thereof if a new public park is designated, which
means the sale or disposal of public parks must
be approved by the electors?
YES
NO
Section 2. The text of the Charter amendment submitted to the voters is
attached as Exhibit A.
Section 3. The ballots to be used at the election shall be in form and
content as required by law.
Section 4. The City Clerk is hereby directed to cause notice of the
measure to be published once in the official newspaper of the City of Alameda, in
accordance with Section 12111 of the Elections Code and Section 6061 of the
Government Code.
Section 5. The City Council adopts the provisions of section 9285(a) of
the Elections Code to permit rebuttal arguments, if arguments have been filed in
favor of or against the measure.
Section 6. Notice of the time and place of the election on this proposed
measure is hereby given, and the City Clerk is authorized, instructed and
directed to give further or additional notice of the election, in time, form and
manner as required by law.
Section 7. In all particulars not recited in this Resolution, the election
shall be held and conducted as provided by law for holding municipal elections.
Section 8. The City Clerk is hereby authorized, instructed and directed
to procure and furnish (or cause to be procured and furnished) any and all official
ballots, notices, printed matter and all other supplies, equipment and
paraphernalia that may be necessary to properly and lawfully conduct the
election.
Section 9. The polls for the special election shall be open at 7:00 AM
on the day of said election and shall remain open continuously from said time
until 8:00 PM of the same day when the polls shall be closed, pursuant to
Elections Code Section 10242, except as provided in Section 14401 of the
Elections Code.
Section 10. The City Clerk shall certify to the passage and adoption of
this Resolution and enter it into the book of original Resolutions.
Section 11. This action is not a project and is exempt from the California
Environmental Quality Act (CEQA) pursuant to section 15378(b)(3) of CEQA
Guidelines, as it concerns the submittal of a proposal to the voters of the City.
Section 12. The City Clerk is hereby directed to file a certified copy of
this resolution with the Alameda County Clerk of the Board of Supervisors and
the County Registrar of Voters in sufficient time so that the measure may be
included in the November 6, 2012 Election ballot.
EXHIBIT A
A CHARTER AMENDMENT INITIATIVE TO PROTECT ALAMEDA CITY PARKS
FROM BEING SOLD, SWAPPED, OR OTHERWISE ALIENATED EXCEPT
PURSUANT TO THE AFFIRMATIVE VOTES OF THE MAJORITY OF THE
ELECTORS
Section 1. TITLE
This Initiative shall be known and referred to as the "Protect Our Alameda
Parks Initiative."
Section 2. FINDINGS
1. The City's public parks are a valuable community asset,
contributing to the beauty, livability, health, fitness, and enjoyment of all of its
citizens and residents.
2. The City's electors previously have expressed their strong support
for the preservation of the City's public parks by overwhelmingly voting, in June
of 1992, for Measure C, which prohibits the sale of the City's public parks without
approval by the majority of the electors, except under certain listed exceptions.
3. The City Manager has proposed to the City Council selling a portion
of the Alameda Golf Complex in exchange for land in the Harbor Bay Business
Park without seeking a vote of the electors on such a proposal.
4. Neither the City Manager nor more than one member of the City
Council has acknowledged the requirement of the electors to approve or
disapprove such a proposal pursuant to Article XXII, Section 22 -12 of the City
Charter.
5. In order to protect the City's public parks from such proposals and
litigation over the interpretation and enforcement of Article XXII, Section 22 -12 of
the City Charter, it is necessary to remove the "loophole" exception to the
requirement that all sales of the City's public parks require the approval of the
majority of the electors.
Section 3. AMENDMENT OF ARTICLE XXII, SECTION 22 -12 OF THE
CITY CHARTER OF THE CITY OF ALAMEDA
Article XXII, Section 22 -12 of the City Charter of the City of Alameda is
hereby amended as follows:
Part (c) of the first sentence, and all of the second sentence, of Article
XXII, Section 22 -12 of the City Charter of the City of Alameda are hereby deleted
in their entirety, such that Article XXII, Section 22 -12 of the City Charter of the
City of Alameda shall read as follows:
"Sec. 22 -12. Notwithstanding any other provisions of this Charter to the
contrary, the public parks of the City shall not be sold or otherwise alienated
except pursuant to the affirmative votes of the majority of the electors voting on
such a proposition; except that the City Council may (a) lease or grant
concessions or privileges in public parks or any portion thereof or building or
structure situated therein, or (b) grant permits, licenses or easements for street,
utility or any other purposes in public parks or any portion thereof or building or
structure situated therein
City Council for public park purposes and opened to- the public for public park
purposes. The City Council shall determine that said "new public park" is of
As used herein "'public parks" means
any and all lands of the City which have been or will be designated by City
Council for public park purposes and /or recreational uses and opened to the
public for public park purposes and /or recreational uses. "Public parks" also
includes the Alameda Golf Complex."
Section 4. EFFECTIVE DATE
This Charter Amendment shall become effective upon passage.
Section 5. CHARTER AMENDMENT LANGUAGE SUPERSEDES
EXISTING CHARTER LANGUAGE
This Charter Amendment language supersedes any existing Charter
language to the extent that such existing Charter language it is in conflict with
this Amendment.
Section 6. SEVERABILITY
It is the intent of the People that the provisions of this Charter Amendment
are severable and that if any section or provision of this Amendment or the
application thereof to any person or circumstance, is held invalid, such invalidity
shall not affect any other provision or application of this Charter Amendment
which can be given effect without the invalid provision or application.
Section 7. LIBERAL CONSTRUCTION
The provisions of this Charter Amendment shall be liberally construed to
effectuate its purposes.
Section 8. CONFLICTING BALLOT MEASURES
In the event that this measure and another measure or measures relating
to the City's public parks appear on the same city -wide election ballot, the
provisions of the other measure or measures shall be deemed to be in conflict
with this measure. In the event that this measure receives a greater number of
affirmative votes than the other measure or measures, the provisions of this
measure shall prevail over conflicting provisions in any other measure, and the
conflicting provisions of the other measure or measures shall be null and void.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 6th day of June, 2012, by the following vote
to wit:
AYES: Councilmembers Bonta, deHaan, Johnson,
Tam and Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 7th day of June, 2012.
Lara Weisiger, Cit CI 'r
City of Alameda