Resolution 13476CI OF ALAMEDA RESOLUTION NO.,- -476
SUBMITTING TO THE ELECTORS AN INITIATIVE ORDINANCE
ENTITLED "MEASURE TO AMEND THE GENERAL PLAN AND ZONING
CLASSIFICATION OF CERTAIN LANDS BOUND BY MARINA VILLAGE
BUSINESS PARK, CONSTITUTION WAY AND SHERMAN STREET" AT
THE CONSOLIDATED GENERAL MUNICIPAL ELECTION TO BE HELD
IN THE CITY OF ALAMEDA ON TUESDAY, NOVEMBER 5, 2002
WHEREAS, pursuant to the Charter of the City of Alameda and general law an initiative
petition has been filed with the Clerk of the City of Alameda, signed by more than 10% of the
voters of the city, to submit to the voters a proposed ordinance Entitled "Measure to Amend the
General Plan and Zoning Classification of Certain Lands Bound by Marina Village Business
Park, Constitution Way and Sherman Street ".
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ALAMEDA THAT:
Section 1. An initiative ordinance shall be submitted to the voters at the November 5,
2002 consolidated general municipal election, to read as follows:
CITY OF ALAMEDA ORDINANCE NO.
New Series
MEASURE TO AMEND THE GENERAL PLAN AND ZONING
CLASSIFICATION OF CERTAIN LANDS BOUND BY
MARINA VILLAGE BUSINESS PARK, CONSTITUTION WAY
AND SHERMAN STREET
The People of the City of Alameda ordain as follows:
SECTION 1. Purpose
A. To provide land particularly suited for open space in a city that is under served by
areas that can be used for park and recreation purposes and to preserve a habitat
for unique plant and animal life that live on the land so designated.
B. To carry out the provisions of Section 3,5, and 6 of the City General plan, as those
sections pertain to the planning for, and designation of, open space in the city: and
more particularly, Section 3.2.f and Section 6.1.h, as amended, which provide for
a greenway situated in the area of the Alameda Beltline Railroad Yard rights of
way, and to amend Table 6 -2 of the General Plan to designate that this greenway
shall cover approximately 22 contiguous acres.
C. To pursue park and open space grant opportunities and cooperative agreements
with local, regional and state agencies for expansion of the City's park and open
space system as suggested at Section 6.1.c of the Alameda General Plan.
D. To implement Section 4 of the City General Plan, in particular Sections 4.4 and
4.5, which encourage pedestrian and bike ways.
E. To amend tip.; Alameda City General Plan and Genera Plan Diagram such that the
land use designation of the lands contained within Alameda County Assessor
parcels numbered 74- 906 -31 -3, 74- 906 -31 -4, 74- 906 -33, 74- 906 -34, 74- 906 -35,
74- 906 -37, 74- 906 -32 -1, 74- 906 -32 -5, 74- 906- 32 -11, 74- 906- 32 -12, 74- 906 -20 -2
and 74- 906 -26 in the Land Use element of the City of Alameda General Plan
would be changed from Medium- Density Residential, General Industry and Parks
& Public Open Space, to Parks & Public Open Space. In particular:
1. To amend Section 2.4.k as well as Table 2 -3, Table 2 -4 notes, Table 2 -5 as
regards to housing designations, to provide for a greenway.
2. To amend Sections 3.2.f, 6.1.h, Table 2 -6 and Table 6 -2 to provide that
this greenway shall cover approximately 22 acres.
3. To amend Section 4.1.n because Atlantic Avenue has already been
extended.
F. To amend the Alameda City Zoning Ordinance and Zoning Map such that the
zoning designation of land within said parcels would be changed from M -1,
Intermediate Industrial (Manufacturing) District (Alameda Municipal Code 30-
4.11), PD, Planned Development Combining District (Alameda Municipal Code
30 -4.13) and R -2, Two - Family Residence District (Alameda Municipal Code 30-
4-2) to 0, Open Space District (Alameda Municipal Code 30- 4.19).
SECTION 2. City of Alameda General Plan With Proposed Amendments and Map
The pages of the Alameda General Plan with the proposed amended pages can each be
found as follows:
Table 2 -3 at page 15, Table 2 -4 at page 16, Table 2 -5 at page 17, Table 2 -6 at page 18,
Table 2 -6 at page 19, Section 2.4.k at page 23, Section 3.2.f at page 49, Section 4.1.n at
page 63, Table 6 -2 and 6 -3 at page 96, and Section 6.1.h at page 98. These Sections and
Tables are included as part of the initiative petition and are available in the Office of the
City Clerk.
SECTION 3. Alameda Municipal Codes and Zoning Map
Included with this initiative petition are the complete texts of the following zoning codes:
30 -4.2 R -2, Two - Family Residence District
30 -4.11 M -1, Intermediate Industrial (Manufacturing) District
30 -4.13 PD, Planned Development Combining District
30 -4.19 0, Open Space District
Also included with this initiative petition is the Zoning Map of the City of Alameda.
These sections and the Zoning Map and an attached table on Small P -D (Planned
Development) Lots are included as part of the initiative petition and are available in the
Office of the City Clerk.
SECTION 4. Findings
A. The City of Alameda, with a ratio of approximately 2.4 acres of parks and open space
per 1000 persons, falls well below the average ratio of 3.4 acres per 1000 persons in
the neighboring East Bay Communities. Designating more open space, and in the
process carrying out the City General Plan in this regard, is vitally needed to provide
a more suitable urban environment and to prevent the further overcrowding.
B. The area of lane. Lo be set aside and designated as open space under this initiative
consists of land commonly known as the Alameda Beltline Railroad Yard, consisting
of county assessor parcel numbers 74- 906 -31 -3, 74- 906 -31 -4, 74- 906 -33, 74- 906 -34,
74- 906 -35, 74- 906 -37, 74- 906 -32 -1, 74- 906 -32 -5, 74- 906- 32 -11, 74- 906- 32 -12, 74-
906-20-2 and 74- 906 -26, excluding public rights of way.
C. It is hereby found and determined that the Alameda Beltline Railroad Yard open
space designated herein is compatible with other uses and with the City General Plan
for the provision of open space in this area of the city.
D. It is further found that the designation of the Alameda Beltline Railroad Yard open
space provides for the uses permitted in the Alameda Municipal Code Section 30-
4.19.
SECTION 5. Designation
The open space here designated shall be known as the Alameda Beltline Railroad Yard
open space. This open space shall consist of approximately 22 acres immediately south
of the Marina Village Business Park, bounded by Constitution Way on the west and
Sherman Street on the east, and shall be comprised of the parcels of land set forth in
Section 4.B. above.
SECTION 6. Implementation
A. Upon the effective date of the passage of this initiative the maps of the land use
element of the City General plan, the Zoning Map of the City of Alameda, together
with any and all other maps related to community development plans, which include
the area of the Alameda Beltline Railroad Yard open space, shall be amended to
designate the area as open space.
B. The City of Alameda is herby authorized and directed to amend the Alameda City
General Plan as set forth in Section 1.E. herein, and the Alameda City Zoning
Ordinance as set forth in Section 1.F. herein, and to amend other elements of regional
and sub - regional plans, community development plans, or other ordinances and
policies which may be, or will become, affected by this initiative, and to do so in any
manner required by law. The Alameda Belt Line Railroad Yard open space shall
remain private property unless forfeited to or purchased by a public agency, or until
dedicated to public use.
C. Nothing contained herein shall restrict the right of any public agency to exercise its
eminent domain power as authorized by law to acquire the Alameda Beltline Railroad
Yard open space.
SECTION 7. Amendment of Repeal
This Measure may be amended or repealed only by a majority of the voters voting in an
election thereon.
SECTION 8. Interpretation and Severability
This measure shall be interpreted so as to be consistent with all Federal and State laws,
rules and regulations. If any section, subsection, clause, phrase, part or portion of the
measure is held to be invalid or unconstitutional by a final judgment of a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this measure. The voters hereby declare that this measure, and each section,
subsection, sentence, clause, phrase, part or portion thereof would have been adopted or
passed irrespective the fact that any one or more sections, subsections, sentences,
clauses, phrases, parts or portions are declared invalid or unconstitutional.
SECTION 9. Consistency with Other Ballot Measures
In the event that another ballot measure is placed on the same ballot as this measure
purporting to deal with the same subject matter, and if both measures should pass, the
voters expressly declare their intent that both measures shall be put into effect except to
the extent that specific provisions of such measures are in direct conflict. In the event of
such a direct conflict, the measure which obtained more votes will control as to the
conflicting provisions only. The voters expressly declare this to be their intent,
notwithstanding any language to the contrary in any other ballot measure.
Section 2. The City Council, pursuant to the authorization provided by section 9215 of
the Elections Code, hereby submits the proposal to the qualified electors of the City of Alameda
in the consolidated general municipal election to be consolidated with and voted upon at the
November 5, 2002, statewide general election to be held on that date.
Section 3. The proposal shall be designated on the ballot as "Proposed Initiative Measure
of the City of Alameda" and shall be set forth as follows:
MEASURE: Proposed Initiative Measure of the City of Alameda
Shall an ordinance be adopted amending the General Plan
by changing the land use designation of the Alameda
Beltline Railroad Yard Property bound by Marina Village
Business Park, Constitution Way and Sherman Street from
Medium - Density Residential, General Industry and Parks &
Public Open Space to Parks and Public Open Space and
making conforming amendments to specified sections and
tables in the General Plan and to the Zoning Map provided
by the Alameda City Zoning Ordinance?
YES NO »
Section 4. Pursuant to Elections Code section 9280, the City Clerk shall transmit a copy of
the proposed ballot measure to the City Attorney, who shall prepare an impartial analysis of the
proposed ballot measure showing the effect of the measure on existing law and the operation of
the measure. The impartial analysis shall not exceed 500 words in length.
Section 5. The Council may prepare a ballot argument pursuant to Resolution No. 12317.
Section 6. The ballot arguments for and against the proposed ballot measure shall not
exceed 300 words in length and the rebuttal arguments shall not exceed 250 words in length.
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 18th
day of June, 2002, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, and Johnson - 3.
NOES: None.
ABSENT: Mayor Appezzato — 1.
ABSTENTIONS: Councilmember Kerr — 1.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
19th day of June, 2002.
Fa-VA t0.(2.)
Lara Weisiger, City C °�yi c
City of Alameda