Ordinance 3103CITY OF ALAMEDA ORDINANCE NO. 3103
New Series
ALAMEDA OPEN SPACE FISCAL RESPONSIBILITY ORDINANCE
PERTAINING TO THE INITIATIVE MEASURE TO AMEND CITY OF
ALAMEDA GENERAL PLAN INCLUDING THE 2007 -2014 HOUSING
ELEMENT AND THE ZONING ORDINANCE TO CLASSIFY
APPROXIMATELY 3.899 ACRES OF LAND ADJACENT TO MCKAY
AVENUE TO OPEN SPACE
SECTION 1. PURPOSE
To ensure that the adoption by the City Council of the "Initiative Measure to Amend City
of Alameda General Plan including the 2007 -2014 Housing Element and the Zoning
Ordinance to Classify Approximately 3.899 acres of Land adjacent to McKay Avenue to
Open Space" ( "Initiative Ordinance ") will not impose on the City of Alameda (the "City ")
an unfunded liability to pay for and 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
The City Council of the City of Alameda finds and declares as follows:
WHEREAS, the 3.899 acre portion of Alameda County Assessor's Parcel No. 74-
1305 -026 (the "Property ") is currently zoned for residential development and its General
Plan designation is Medium Density Residential; and
WHEREAS, the Property is currently owned by the federal government and the
City of Alameda is informed that the federal government is under contract to sell the
Property to a private developer who wishes to build residential housing on the Property
in accordance with the current zoning and General Plan designation; and
WHEREAS, on February 10, 2014, a Notice of Intent to Circulate a Petition was
filed in the Alameda City Clerk's Office for a measure seeking to amend the City's
General Plan, including the 2007 -2014 Housing Element and the Zoning Ordinance to
classify the Property as open space; and
WHEREAS, on February 25, 2014, the City Attorney transmitted a Title and
Summary to the initiative proponents and on April 30, 2014, the Petition was filed with
the City Clerk and transmitted to the County Registrar of Voters to examine the
signatures; and
WHEREAS, based on a random sample examination, the County Registrar
determined that the initiative petition contained sufficient valid signatures; and
WHEREAS, the City Council held a public hearing on June 3, 2014 to consider
various options pertaining to the initiative and at the same hearing, the Council directed
staff to conduct an Impacts Analysis pursuant to Election Code 9212 and bring back an
Impacts Report on the effects of the initiative within 30 days; and
WHEREAS, on July 1, 2014, the City Council received an Impacts Report
analyzing the impacts of the Initiative and was advised of the potential fiscal impact to
the City's General Fund; and
WHEREAS, pursuant to the Election Code Section 9215, the City Council has
the option to adopt the Initiative by ordinance; and
WHEREA, on July 1, 2014, the City Council introduced an ordinance to adopt the
Initiative to change the General Plan designation of the Property from Medium Density
Residential to Parks and Public Open Space and change the zoning on the Property to
Open Space, thereby preventing the development of residential housing on the Property
WHEREAS, to ensure that the adoption by the City Council of the Initiative will
not impose an unfunded liability on the City to pay for and maintain the property,
requiring diversion of millions of dollars of City revenues currently used for police, fire,
library and other city services; and
WHEREAS, the City is concerned that the Initiative Ordinance may cause the
owner of the Property, or other holder of rights to the Property, to file a lawsuit for
inverse condemnation or taking against the City; and
WHEREAS, although the City would defend against any such lawsuits
vigorously, there is risk in litigation, and if such a claim succeeds, a court could order
the City to pay the Property owner the fair market value of the Property and related
monetary relief; and
WHEREAS, the City of Alameda could not pay an inverse condemnation
judgment against the City, legal fees associated with responding to an inverse
condemnation lawsuit, and costs of continued maintenance of the property if the City is
forced to acquire it, without diverting funds from existing services such as police, fire,
library, and other city services, or obtaining voter approval of new taxes; and
WHEREAS; alternately, to ensure that the adoption of the Initiative Ordinance
would not impose on the City of Alameda an unfunded liability to pay for and maintain
the Property, the City could sell the Property if it was able to locate a purchaser; and
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WHEREAS, such purchasers could potentially include the East Bay Regional
Parks District as Measure WW, approved by voters in 2008, authorized funding for the
District that could be used to acquire and improve the Property.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Alameda that:
If, within 120 days after the Initiative Ordinance becomes effective, the City is
sued for inverse condemnation, a taking, or any other cause of action based on
the General Plan designation and/or zoning change effected by the Initiative
Ordinance, the City Council shall be authorized to take such measures, as are
necessary to mitigate any possible detrimental impacts on the General Fund until
such time as the lawsuit is finally resolved in favor of the City or, if the lawsuit
results in a final inverse condemnation judgment, or other judgment in favor of
the plaintiff and against the City, until such time as:
a) there is a vote of the electorate of the City authorizing new or
increased taxes sufficient to pay the judgment and all accrued interest
thereon, pay all legal fees associated with defending the claim and
lawsuit, make any required improvements to the Property, and pay for
necessary maintenance of the Property; OR
b) the City is able to sell the Property to a third party, including but not
limited to the East Bay Regional Parks District which has publicly stated
it has 2008 Measure WW funds available for this purpose, pursuant to a
purchase agreement whereby the new owner would agree to pay to the
City a purchase price in a sum equal to the amount of any judgment
and all accrued interest thereon, pay all legal fees associated with
defending the claim and lawsuit, make any required improvements to
the Property, and pay for necessary maintenance of the Property; OR
c) Any combination of the above.
SECTION 3. INTERPRETATION AND SEVERABILITY
A. This Ordinance shall be broadly construed in order to achieve the purpose stated
herein. The provisions of this Ordinance shall be interpreted and implemented by
the City and others in a manner that is fully consistent with, and facilitates, the
purpose set forth in this Ordinance.
B. If any portion, section, subsection, paragraph, subparagraph, sentence, clause,
phrase or application of this Ordinance is held invalid or inapplicable by a final
judgment of a court of competent jurisdiction, such decision shall not affect the
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validity or applicability of any other part of this Ordinance. Consistent with that,
the provisions and applications of this Ordinance shall be deemed severable, and
the voters expressly and deliberately declare that each portion, section,
subsection, paragraph, subparagraph, sentence, clause, phrase or application of
this Initiative would have been enacted irrespective of the fact that one or more
other parts or applications is found to be invalid or inapplicable.
This Ordinance is intended to be complementary and supplemental to the Initiative
Measure to Amend the City of Alameda General Plan including the 2007 -2014 Housing
Element and the Zoning Ordinance to Classify Approximately 3.899 acres of Land
adjacent to McKay Avenue to Open Space and is not intended to conflict or compete
with that measure in any way.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after the expiration of thirty (30)
days from the date of its final passage.
Attest:
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Lara Weisiger, djiy Clerk
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if F - - ;�. �A residing Officer of the City Council
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I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in special joint meeting
assembled on the 29th day of July, 2014, by the following vote to wit:
AYES: Councilmembers Chen, Tam and Mayor Gilmore — 3.
NOES: Councilmembers Daysog and Ezzy Ashcraft - 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 30th day of July, 2014.
Lara Weisiger, Co Clerk
City of Alameda
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