Resolution 13877CITY OF ALAMEDA RESOLUTION NO. 13 8 77
AUTHORIZING FILING OF A NOTICE OF EXEMPTION FOR ACQUISITION OF THE
ALAMEDA BELT LINE (ABL)
WHEREAS, the City of Alameda (City) in 1924 entered into a contract, subject to approval
by the Interstate Commerce Commission (ICC), for formation and extension of the Alameda Belt
Line Railroad (ABL), and such contract is set out in Ordinance 259 NS, as amended by Ordinance
312 NS;
WHEREAS, the transaction, including the extension, was approved by the ICC reported at
Acquisition and Construction of Line by Alameda Belt Line, 105 ICC 349, decided January 16,
1926;
WHEREAS, the contract and transaction as authorized by ICC provided that City would
retain the right to repurchase the railroad and extensions at "original cost ";
WHEREAS, the City can find no record that ABL has sought abandonment authorization for
any portion of its line covered by the aforementioned ICC decision;
WHEREAS, ABL nonetheless subsequently severed portions of its line from the interstate
network, and sold or offered for sale portions of its line for non -rail purposes;
WHEREAS, ABL no longer provides rail service on the line;
WHEREAS, ABL is currently owned jointly by Union Pacific Railroad (UP) and Burlington
Northern and Santa Fe Railway Company (BNSF), and pursuant to a trackage rights agreement
between UP and ABL (approved at Union Pacific Railroad Company -- Trackage Rights Exemption
-- Alameda Belt Line, STB Finance Dkt. No. 33682, served Nov. 24, 1998), UP provides rail service
over the line from Milepost 0.0 to Milepost 1.8 for UP customers, and for BNSF customers as
"operating agent" for BNSF;
WHEREAS, UP no longer has active shippers on the line for itself or as operating agent for
BNSF;
WHEREAS, the City of Alameda has examined the ABL property for potential future public
use as a transit (including light rail transit) corridor, and for open space and trail purposes;
WHEREAS, the study entitled "Final Report Alameda Transit Plan" dated August 20, 2001,
recommends retention of the ABL right of way for possible future light rail use;
WHEREAS, City voters on November 5, 2002 adopted Measure E which provide for zoning
of the 22 acres of the ABL property (known as the "Beltline Railroad Yard ") as open space, but
pursuant to conterminously adopted Measure D, before Measure E becomes effective, a court must
determine whether such zoning constitutionally requires the payment of compensation, in which
event Measure D remains ineffective until and unless voters approve necessary funding;
WHEREAS, existing zoning, or re- zoning pursuant to Measures D and E, is compatible with
continued rail use, or with future light rail use, and with other compatible public open space uses;
WHEREAS, the ABL property not only constitutes the sole remaining freight railroad in the
City of Alameda but also appears highly suitable for future light rail transit and for other compatible
open space uses;
WHEREAS, joint rail and trail use appears feasible;
WHEREAS, the City wishes to ensure that the ABL property remains available for continued
current freight rail use so long as economically reasonable to do so;
WHEREAS, the City must act now to preserve the property for current and future rail
purposes as well as open space purposes;
WHEREAS, the City has furnished notice to ABL of its intent to exercise the City's
repurchase option as required under the 1924 contract;
WHEREAS, ABL has asserted federal preemption as a defense in litigation pending in the
California state courts relating to the City's repurchase option;
WHEREAS, acquisition of rail property (which has not been authorized for abandonment) is
subject to the jurisdiction of the Surface Transportation Board (STB) as successor to the ICC;
Whereas the City has a contractual right to repurchase the ABL rail line including all extensions;
WHEREAS, STB regulations provide for acquisition of such rail property upon the filing of a
"notice of exemption" pursuant to 49 C.F.R. § 1150.31, et seq., as well as pursuant to petitions for
exemption and applications; and
WHEREAS, acquisition by the City should not interfere with the trackage rights currently
held by UP over the line from Milepost 0.0 to Milepost 1.8, whereby UP operates on the line for both
itself and BNSF,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda
hereby authorizes the filing of a notice of exemption or such other petitions or applications, and such
other motions or requests for authorization as are necessary or appropriate for the purpose of
satisfying any and all STB requirements for the City to be permitted, authorized, or allowed to
exercise its repurchase option under its aforementioned contract relating to the formation and
extension of ABL.
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 the regular meeting of the City
Council on the 19th day of July, 2005, by the following vote to wit:
AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese
and Mayor Johnson — 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 20th day of July, 2005.
Lara Weisiger, City lerk
City of Alameda