9245 / 52.1% Yes votes ...... 8515 / 47.9% No votes

See Also: Index of all Measures

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.
b) If the court determines that the Measure E means that the City must pay compensation to the private property owner, then this Measure D requires the City Council to ask the voters at a future election to approve new or increased taxes, fees, or assessments to provide money for the required payment.

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.
If the court determines that the City need not pay compensation to the private property owner, then the Measure E land use changes take effect without the need for any additional voter approval, and the permissible uses of the Beltline Railroad Yard property will be changed.
If the court determines that the City must pay compensation to the private property owner, but the voters do not approve a new source of funds, then the Measure E land use changes do not take effect.
A "yes" vote on Measure D approves the ordinance that delays when Measure E goes into effect based upon the following:

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; and
b) If the court determines that compensation must be paid, until the voters approve new or increased taxes, fees, or assessments to provide money for the required payment.

Web Site of Opponents of Measure D

(No arguments against Measure D were submitted)

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.

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.

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.

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.