League of Women Voters of California Education Fund
	Alameda County, CA November 6, 2012 Election
	Measure D Changing Requirements for Sales or Disposals of City Parks City of Alameda Charter Amendment - Majority Approval Required Pass: 23260 / 79.17% Yes votes ...... 6118 / 20.83% No votes See Also: Index of all Measures

Arguments For Measure D

Vote YES to help ensure that the sale or swap of any public parkland shall require approval of the voters. Twenty years ago, Alameda voters overwhelmingly approved a charter amendment banning the sale of City-owned parkland, including its municipal golf courses, without a vote of the people. However, the amendment contains an exception whereby parkland can be disposed of without voter approval. City Council may decide to exchange a park for another piece of land. This Measure will eliminate that exception. Recent events demonstrate why the loophole must be closed. Our Mif Albright par-3 golf course, where generations of young Alamedans learned the game, could have been exchanged by the City Council for property in a business park and cash. The developer intended to build 130 homes on our recreational land. Fortunately, Alamedans young and old raised overwhelming public opposition and stopped "The Swap." Yet, the resulting controversy distracted the work of city staff, Council, and citizens for years. And unless the loophole is closed + permanently + the battle may have to be fought again, perhaps in defense of another park. The distinguished sponsors of the original charter amendment emphasized its intent -- "to take out of the hands of politicians the ability to sell any of our precious public parks, golf courses and boating facilities and put any disposition of our parklands in the hands of you, the people." Any sale or exchange of parklands should require voter approval. Protect Alameda parks by voting YES on Measure D! /s/ Tony Corica Alamedan /s/ Marie Kane Business Woman /s/ Mike Robles-Wong Community Advocate /s/ Norma Arnerich Youth Sports Supporter /s/ Nick Cabral Alamedan (No arguments against Measure D were submitted)

Full Text of Measure D

Section 1. Title This Initiative shall be known and referred to as the "Protect Our Alameda Parks Initiative." Section 2. Findings 1. The City's public parks are a valuable community asset, contributing to the beauty, livability, health, fitness, and enjoyment of all of its citizens and residents. 2. The City's electors previously have expressed their strong support for the preservation of the City's public parks by overwhelmingly voting, in June of 1992, for Measure C, which prohibits the sale of the City's public parks without approval by the majority of the electors, except under certain listed exceptions. 3. The City Manager has proposed to the City Council selling a portion of the Alameda Golf Complex in exchange for land in the Harbor Bay Business Park without seeking a vote of the electors on such a proposal. 4. Neither the City Manager nor more than one member of the City Council has acknowledged the requirement of the electors to approve or disapprove such a proposal pursuant to Article XXII, Section 22-12 of the City Charter. 5. In order to protect the City's public parks from such proposals and litigation over the interpretation and enforcement of Article XXII, Section 22-12 of the City Charter, it is necessary to remove the "loophole" exception to the requirement that all sales of the City's public parks require the approval of the majority of the electors. Section 3. Amendment Of Article XXII, Section 22-12 OF The City Charter Of The City Of Alameda Article XXII, Section 22-12 of the City Charter of the City of Alameda is hereby amended as follows: Part (c) of the first sentence, and all of the second sentence, of Article XXII, Section 22-12 of the City Charter of the City of Alameda are hereby deleted in their entirety, such that Article XXII, Section 22-12 of the City Charter of the City of Alameda shall read as follows: "Sec. 22-12. Notwithstanding any other provisions of this Charter to the contrary, the public parks of the City shall not be sold or otherwise alienated except pursuant to the affirmative votes of the majority of the electors voting on such a proposition; except that the City Council may (a) lease or grant concessions or privileges in public parks or any portion thereof or building or structure situated therein, or (b) grant permits, licenses or easements for street, utility or any other purposes in public parks or any portion thereof or building or structure situated thereinor c) sell or dispose of public parks or any portion thereof if, after a public hearing or hearings in each case, the City Council determines that another new public park has been or will be designated by the City Council for public park purposes and opened to the public for public park purposes. The City Council shall determine that said "new public park" is of comparable size and utility and serves the same service area with substantially the same amenities and improvements. As used herein "public parks" means any and all lands of the City which have been or will be designated by City Council for public park purposes and/or recreational uses and opened to the public for public park purposes and/or recreational uses. "Public parks" also includes the Alameda Golf Complex." Section 4. Effective Date This Charter Amendment shall become effective upon passage. Section 5. Charter Amendment Language Supersedes Existing Charter Language This Charter Amendment language supersedes any existing Charter language to the extent that such existing Charter language it is in conflict with this Amendment. Section 6. Severability It is the intent of the People that the provisions of this Charter Amendment are severable and that if any section or provision of this Amendment or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision or application of this Charter Amendment which can be given effect without the invalid provision or application. Section 7. Liberal Construction The provisions of this Charter Amendment shall be liberally construed to effectuate its purposes. Section 8. Conflicting Ballot Measures In the event that this measure and another measure or measures relating to the City's public parks appear on the same city-wide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes than the other measure or measures, the provisions of this measure shall prevail over conflicting provisions in any other measure, and the conflicting provisions of the other measure or measures shall be null and void.