LWV League of Women Voters of California
Smart Voter
Alameda County, CA November 5, 2002 Election
Measure E
Rezoning
City of Alameda

City Ordinance

9783 / 53.4% Yes votes ...... 8542 / 46.6% No votes

See Also: Index of all Measures

Results as of Nov 15 4:54pm, 100.0% of Precincts Reporting (50/50)
Information shown below: Impartial Analysis | Arguments |

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?

Impartial Analysis from Alameda City Attorney, Carol A. Korade
CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE E
This Measure E would amend the City of Alameda General Plan and zoning classification for 22-acres of land commonly referred to as the Beltline Railroad Yard property. The property is privately owned and bounded by Marina Village Business Park, Constitution Way, and Sherman Street.
The proposed Measure E would amend the Land Use Element of the General Plan for all of the Beltline Railroad Yard property by changing this private property's designation to Parks and Public Open Space. The proposed Measure would also amend the City's Zoning Ordinance and Zoning Map by changing the zoning of all of the Beltline Railroad Yard property to O (Open Space District).
If a court were to determine that this Measure requires the City to compensate the owners of the private property, the City could be required to pay the owners of the 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. If the court were to find that this Measure did not require the City to compensate the property owner, then there would be no direct fiscal impact upon the City.
State law requires the City to have an up-to-date long-term general plan for its physical development. State law requires the City to put the general plan into practice by administering specific plans and zoning and subdivision ordinances.
The Land Use Element of the City's General Plan designates different parts of the 22-acre Beltline Railroad Yard property as Medium-Density Residential, General Industry and Parks and Public Open Space. The City's Zoning Ordinance and Zoning Map zone different parts of the property as M-1 (Intermediate Industrial (Manufacturing) District), PD (Planned Development Combining District), and R-2 (Two-Family Residence District).
A "yes" vote would approve the proposed amendments to the General Plan that would change the General Plan designation of all of the Beltline Railroad Yard property to Parks and Public Open Space and the amendments to the Zoning Ordinance and Zoning Map that would change the zoning designation of all of the private property to O (Open Space).
A "no" vote would disapprove the proposed amendments to the General Plan that would change the General Plan designation of all of the Beltline Railroad Yard property to Parks and Public Open Space and the amendments to the Zoning Ordinance and Zoning Map that would change the zoning designation of all of the private property to O (Open Space).
s/CAROL A. KORADE
City Attorney

The above statement is an impartial analysis of Measure E. If you desire a copy of the ordinance or measure, please call the City Clerk at (510) 748-4506 and a copy will be mailed at no cost to you.

  Partisan Information

Web Site of Supporters of Measure E
Suggest a link related to Measure E
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Arguments For Measure E Arguments Against Measure E
ARGUMENT IN FAVOR OF MEASURE E
Alameda has only 2.1 acres of city parks per thousand people, the lowest in the East Bay. Measure E will change that by PRESERVING the main island's last large piece of undeveloped land as OPEN SPACE.
THE BELTLINE RAILYARD IS A WONDERFUL, NATURAL MEDITATIVE SPACE WITHIN OUR CITY. Looking west, one sees San Francisco. Looking east, the Oakland Hills. Seasonal freshwater ponds support the Pacific Chorus frog. There are also red and blue bellied lizards, many species of birds, including hawks, owls, egrets, ducks, jackrabbits, dragonflies, and butterflies. The property can accommodate bicycle and walking trails, other recreational uses, and preserves a right-of-way for a future transit corridor.
This is a ONE-TIME ONLY opportunity: Failure to act now will result in permanent loss of this land. As Alameda continues to grow, open space will become increasingly scarce. Help save this local treasure by voting Yes on Measure E.
In 1924 when the City allowed the Alameda Beltline to operate an industrial railroad, the signed agreement reserved to the City the right to repurchase the property at its original price plus expenses. The City has given notice to exercise this right and the matter is currently in litigation to enforce the contract.
State Proposition 40 provides $2.6 billion for parks, including $832.5 million for local parks and $1.275 billion for land, air and water conservation. Non-profit organizations, such as the Packard Foundation, also provide large grants for open space conservation and parks. Once title to the property is cleared, the City can pursue these funds.
Our supporters include Rails-to-Trails, Sierra Club, Trust for Public Lands, Bay Area open Space Council, and many local neighborhood groups (West Alameda, Heritage Bay, Buena Vista, Northside, and Estuary Park).
Vote Yes on Measure E. For photos and information see www.Alameda OpenSpace.com.
s/JEAN SWEENEY, Open Space Advocate
s/DEBRA ARBUCKLE, Attorney at Law
s/JIM SWEENEY, CDR/JAGC/USN/RETD

Rebuttal to Arguments For
REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE E
Don't be misled. Measure E does not create a park. It takes 22 acres of private property and rezones it open space. That's all. Measure E does not guarantee public access to the property.
Critically missing is a way to compensate the property owners for the lost value caused by the rezoning. Supporters hope it will come from state bonds or private foundations. In either case, there is little chance of success. As for repurchasing the railroad property, the City tried but the Court ruled against it.
With little likelihood of outside funding, how will the City pay a Court ordered judgment # estimated to be over $25 million? The City will have to cut public services such as police, fire, and your neighborhood parks. Measure D is the more reasonable and fiscally responsible way to settle this. Rather than leave it to chance, Measure D seeks a ruling on whether the rezoning constitutes a "taking." Precedent tells us the City will be required to compensate the owner. In that case, the City would put a subsequent measure on the ballot asking voters to okay a funding source.
Measure E rezones private property but does not guarantee its access to the public. It provides no mechanism to pay the owners for damage to their property rights. Measure D corrects that by committing to let voters decide how they want to pay for the property, after the Court order. Vote responsibly. Vote "YES" on Measure D and "NO" on Measure E.
s/LEE S. HARRIS, Former Planning Board President
s/KIRK ELLIOTT, Chair-Alameda Recreation & Parks Commission
s/KENT ROSENBLUM, President Rosenblum Cellars
s/NICKLOUS CABRAL
ARGUMENT AGAINST MEASURE E
We, too, support more open space. But not at the expense of closing neighborhood parks and eliminating public safety programs!
That's what will happen because of an unintended oversight. This initiative doesn't provide funding. Remember: the initiative rezones private property to open space. This devalues the property and its owner is entitled to be justly compensated. The U.S. Constitution guarantees it. Without providing funds to purchase this railroad property, there is no option except to drastically slash public services.
Why? Because the land will cost between $20,000,000 to $25,000,000! That's the independent appraiser's estimate of what the City will have to pay for this land. Without a funding mechanism, the only option is to cut City service levels you count on: police and fire. We don't think that's what you had in mind when you signed the petition.
There is a better way, if you support open space. A yes vote on Measure D will delay implementation of Measure E until voters are given the opportunity to authorize a funding source to pay for the property. That's the responsible thing to do.
Don't be confused. Voting to rezone the Beltline property is only half the issue. Unless you want current services dollars to be used to buy this property, you need to establish a separate funding source. Correct this oversight. Give yourself the chance by voting for Measure D which allows citizens an opportunity to fund the purchase of the property, with dollars designated specifically for that purpose and not from current services.
Don't vote for cutting services! Don't take an action which will reduce the quality of life in Alameda. See through this serious omission and vote, instead, for a viable option. Vote responsibly. Vote "NO," on Measure E.
s/GAIL A. WETZORK, Former Chair, Recreation Commission
s/KEVIN R. KEARNEY, City Auditor
s/KEVIN KENNEDY, City Treasurer
s/MOIRA FOSSUM, Past President, Chamber of Commerce
s/WALTER R. JACOBS, President, Community of Harbor Bay Isle Homeowners Assn.

Rebuttal to Arguments Against
REBUTTAL TO ARGUMENT AGAINST MEASURE E
If you too want more open space, then VOTE FOR MEASURE E. The companion measure will not save the railyard for open space. It says nothing about zoning the land for open space. If this land is not rezoned, then there are already developers in line ahead of the city. Is the city contemplating a bidding war with the public asked to pay the highest price?
The intelligent thing to do is to vote YES on MEASURE E and then help us to apply for money voted by the citizens of California last March which is earmarked for parks and open space. Why should the citizens of Alameda have to pay twice?
The companion measure is void unless MEASURE E PASSES. I think the people of Alameda can see that the city is NOT REALLY interested in more open space, they are just licking their chops over the thoughts of a high-end housing development on that land.
There is no mention of the 1924 agreement that allows the city to buy back the railyard for the original price. This matter is in litigation. If the city wins, do they plan to have 22 acres of open space? Don't be fooled. VOTE YES ON MEASURE E.
This is the future, something that the citizens of Alameda will look on with pride. If it is gone, we can't buy it back at any price. Do not be shortcircuited by scare tactics. When traffic and pollution increase, the quality of life decreases.
s/JEAN SWEENEY, Open Space Advocate
s/DEBRA ARBUCKLE, Attorney at Law
s/JIM SWEENEY, CDR/JAGC/USN/RETD


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Created: December 6, 2002 03:14 PST
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