Resolution 13477CITY OF ALAMEDA RESOLUTION NO.1 "i477
SUBMITTING TO THE ELECTORS AN ORDINANCE ENTITLED "ALAMEDA BELTLINE
RAILROAD YARD OPEN SPACE FISCAL RESPONSIBILITY INITIATIVE" AT THE
CONSOLIDATED GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
ALAMEDA ON TUESDAY, NOVEMBER 5, 2002
WHEREAS, the Council of the City of Alameda hereby proposes to submit to the voters
of said City an ordinance entitled "Alameda Beltline Railroad Yard Open Space Fiscal
Responsibility Initiative" to be voted upon at the General Election of the State of California to be
held on November 5, 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ALAMEDA THAT:
Section 1. The Council of the City of Alameda hereby proposes on its own motion a
measure 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
ALAMEDA BELTLINE RAILROAD YARD OPEN SPACE
FISCAL RESPONSIBILITY INITIATIVE
The People of the City of Alameda ordain as follows:
SECTION 1. PURPOSE
A. To provide for an orderly and responsible public vote on whether to authorize
new or increased property taxes or other revenue sources that will be required to
implement the Alameda Beltline Railroad Yard Open Space Initiative if the voters
adopt the initiative and the courts tell the City it must either pay the owner for the
property or repeal the initiative.
B. To ensure that the adoption by the electorate of the Alameda Beltline Railroad
Yard Open Space Initiative will not impose on the City of Alameda an unfunded
liability to pay for and to maintain the property, requiring diversion of millions of
dollars of City revenues currently used for police, fire, library and other city
services.
SECTION 2. FINDINGS
A. The City of Alameda expects the owner of the Alameda Beltline Railroad Yard to
file a lawsuit against the City for inverse condemnation if the voters enact the
Alameda Beltline Railroad Yard Open Space Initiative. The law on this subject is
unsettled. If an inverse condemnation claim succeeds, a court could order the
City to pay the owner the fair market value of the Beltline Railroad Yard
property. The City would then own the property and be responsible for it.
B. The appraised fair market value of the Beltline Railroad Yard property is at least
twenty million dollars ($20,000,000). For comparison purposes, the City's
annual budget for police protection in 2001 -2002 was eighteen million, five
hundred eighty -two thousand, one hundred twenty -five dollars ($18,582,125).
C. The estimated one -time expense for the City to make the Beltline Railroad Yard
property safe and usable as park and open space would exceed seven million
dollars ($7,000,000). After making these improvements, the City would have
annual maintenance costs of approximately one hundred eighteen thousand
dollars ($118,000).
D. To limit the cost, the City could leave the property unimproved. The City would
need to spend an estimated twenty -five thousand dollars ($25,000) for annual
maintenance and weed abatement.
E. The City of Alameda could not pay for the acquisition, improvement or
maintenance of the Beltline Railroad Yard property without diverting funds from
existing services such as police, fire, library and other city services.
SECTION 3.
The Alameda Municipal Code is hereby amended by adding section as
follows:
Alameda Municipal Code section . If the voters adopt the Beltline
Railroad Yard Open Space Initiative at the November 5, 2002 election the City
Attorney shall promptly, and in any event no later than March 1, 2003, initiate
appropriate litigation in the California state courts to obtain a judicial declaration
whether enforcement of the initiative will require the City of Alameda to
compensate the owner for the value of the Beltline Railroad Yard property. The
Beltline Railroad Yard Open Space Initiative shall not take effect until and
unless:
1) Final judgment by a court of competent jurisdiction in the litigation,
including any available relief in appellate courts; and
2) In the event of a final judgment by a court of competent jurisdiction that
enforcement of the Beltline Railroad Yard Open Space Initiative will require the
City of Alameda to compensate the owner for the value of the Beltline Railroad
Yard property, a vote of the electorate in favor of a measure or measures to
authorize new or increased taxes, fees, or assessments sufficient to compensate
the property owner, improve or fence the property, and maintain the property
once acquired. The City Council shall be responsible for submitting the
appropriate measure or measures to the voters of the City of Alameda at the next
general municipal election or, should the City Council vote to call a special
election for this purpose, at the special election, whichever is sooner.
If the voters do not adopt the Beltline Railroad Yard Open Space Initiative at the
November 5, 2002 election, this section will not be needed and shall be deemed
null and void.
SECTION 4. AMENDMENT OR REPEAL
This measure may be amended or repealed only by a majority of the voters voting
in an election thereon.
SECTION 5. INTERPRETATION
This measure shall be interpreted to be consistent with all Federal and State laws,
rules and regulations.
Section 2. The City Council, pursuant to the authorization provided by section 9222 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 Ballot Measure of
the City of Alameda" and shall be set forth as the first City of Alameda measure on the ballot if
more than one such measure is submitted, as follows:
MEASURE: Proposed Ballot Measure of the City of Alameda
Shall an ordinance be enacted suspending the effective date
of Measure on this ballot until the voters at a future
election authorize funding to pay for the private property
affected by Measure , if the City is required by a court
to compensate the owner for that property?
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
9 day of June, 2002.
Lara Weisiger, City`Clerk
City of Alameda