League of Women Voters of California
Effective Date of Rezoning (Measure E)
City of Alameda
9245 / 52.1% Yes votes ...... 8515 / 47.9% No votes
Index of all Measures
|Results as of Nov 15 4:54pm, 100.0% of Precincts Reporting (50/50)|
|Information shown below: Impartial Analysis | Arguments | Full Text|
Shall an ordinance be enacted suspending the effective date of Measure E on this ballot until the voters at a future election authorize funding to pay for the private property affected by Measure E, if the City is required by a court to compensate the owner for that property?
Measure D and Measure E both relate to the 22-acres of land commonly known as the Beltline Railroad Yard property. This property is privately owned and bounded by Marina Village Business Park, Constitution Way, and Sherman Street.
Measure D delays when Measure E goes into effect until the City Council takes two steps:
a) This Measure D requires the City Council to file a court action by March 1, 2003, to determine whether the City of Alameda shall be required to pay the owners of the private property an amount up to the current appraised value of the property. This property has been recently appraised at a value of between $20-$25 million.
This means that the Measure E land use changes will not take effect until there is a final court decision and voter approval of the new source of funds, if payment to the property owner is required.
a) Until the City files a court action to determine whether the Measure E land use changes require the City to pay compensation to the Beltline Railroad Yard property owner; andA "no" vote on Measure D disapproves the ordinance and allows Measure E to go into effect immediately if the voters approve Measure E.
s/CAROL A. KORADE City Attorney
|Arguments For Measure D|
ARGUMENT IN FAVOR OF MEASURE D
We all want more open-space. But can we afford it? Do we want to close fire stations, library branches, and existing neighborhood parks to pay for it?
Measure E only amends the General Plan and rezones the Beltline Railroad property to open space. That would render the property virtually worthless to its current owner. But, you can't just take someone's property without paying just compensation. That's why we are offering Measure D.
Measure D will put the question to the Court: Does this rezoning require the City to pay the railroad for that land? If the Court agrees, the City will then ask voters to authorize a funding mechanism to buy the property.
The Court will surely rule that the City must pay for taking the railroad's property. Our independent appraiser estimates this property has a $20-$25 million value. That's how much the City will have to pay. But where will this money come from? Since there are no funds set aside for this purpose, our only other option would be to reduce City services by that amount. You don't want that. We don't want that. Our police, fire, library and other services are too important to our quality of life to be slashed in order to pay for the unimproved Beltline property.
So we urge you to vote "Yes," on Measure D and "No," on Measure E. Measure D will preserve the Beltline property as open space by providing a funding mechanism for buying the land. Measure D is the responsible thing to do. It's the right thing to do. Don't place City services in jeopardy. Vote "Yes " on Measure D.
s/RALPH J. APPEZZATO, Mayor
s/TONY DAYSOG, Councilmember
s/AL DeWITT, Vice Mayor
s/BEVERLY J. JOHNSON, Councilmember
s/JAMES M. FLINT, City Manager NO ARGUMENT AGAINST MEASURE D WAS SUBMITTED.
(No arguments against Measure D were submitted)
|Full Text of Measure D|
|FULL TEXT OF MEASURE D
CITY OF ALAMEDA ORDINANCE NO.
ALAMEDA BELTLINE RAILROAD YARD OPEN SPACE
FISCAL RESPONSIBILITY INITIATIVE
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.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.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: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.