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2006-10-03 5-C SubmittalLara Weisiger - Vote on the Beltline tonight Page 1 From: Ani Dimusheva <antzv @earthlink.net> To: don Roberts < donroberts @alamedadailynews.com> Date: 10/3/2006 12:56:15 PM Subject: Vote on the Beltline tonight Editor, Jean Sweeney's letter this morning prompted me to go online and look up the two measures passed by voters in 2002, relating to the Beltline property. They can be found at http://wvvw.srnartvoter.org/2002/11/05/ca/alm/rneas/E/ and http://wvvw.srnartvoter.org/2002/11/05/ca/alrn/rneas/D/. Measure D specifically reads: "Measure D delays when Measure E goes into effect until the City Council takes two steps: a) This Measure D requires the City Council to file a court action by March 1, 2003, to determine whether the City of Alameda shall be required to pay the owners of the private property are amount up to the current appraised value of the property. This property has been recently appraised at a value of between $20 -$25 million. b) If the court determines that the Measure E means that the City must pay compensation to the private property owner, then this Measure D requires the City Council to ask the voters at a future election to approve new or increased taxes, fees, or assessments to provide money for the required payment. This means that the Measure E land use changes will not take effect until there is a final court decision and voter approval of the new source of funds, if payment to the properly owner is required." (emphasis added) Here is the disturbing part: The City Council will vote tonight on appropriating funds for the Beltline property. While I'm glad the city has the funds to purchase the property without going to the taxpayers, this action automatically invalidates Measure E (open space rezoning) as per the highlighted text above. Questions: Are the Council, City manager and City attorney aware that the item appearing on the agenda tonight places enacting the voter- approved open space initiative in jeopardy? What will guarantee that the lard will indeed be used as an open space if the voter approved zoning is invalidated? Why doesn't the City rezone the property before appropriating the funds? What do the voters think about that? I've been accused of hatching conspiratorial theories. This isn't one. This is a gross procedural mistake that could put a lot of effort by Jean Sweeney and those who helped her in reverse and erase the will of the people with a single council vote. It must be somebody's job in the city to look into problems like that. The Beltline item needs to be pulled out of the City Council agenda tonight until it can be legally guaranteed to the voters that Measure E will be enacted. Thank you, Ani Dimusheva Re: Agenda Item #5 -C 10 -03 -06 Council Meeting Lara Weisiger - Vote on the Beltline tonight .............................. Page 2; CC: <rnanager @ci.alarneda.ca.us >, <attomey @ci.alameda.ca.us >, <bjohnson @ci.alameda.ca.us >, <fmatarrese @ci.alameda.ca.us >, Tony Daysog <tdaysog@aol.com >, <rngilrnore @ci.alameda.ca.us >, <ddehaan@ci.alameda.ca.us>