Loading...
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