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ALAMEDA -- With more than half the precincts reporting, Alameda voters appeared late last night to be approving local development Measures D and E, the dual initiatives devoted to the rezoning of the 22-acre land patch known as the Beltline. Updated Nov. 6, 12:20 am
As of midnight, both Measure D and Measure E were winning by 4 percent, according to the Alameda County Registrars' Web site.
Jean Sweeney, author of Measure E, said from her home Tuesday night that she was "heartened to see that Measure E was ahead and disheartened to see that Measure D was ahead."
Voters in Alameda struggled all day today to untangle the complexities of the two measures, which have become a lightning rod for the larger debate over development in this island city.
Sally Craft cast her ballot at the All Nations Church on Haight Street. She said she decided not to vote on either of the controversial measures, which during the final campaign weeks have inspired heated local argument about the most responsible use of Alameda's increasingly limited open space.
"I didn't learn enough about them to make a good decision," said Craft, 31. "So I thought I better not vote."
At Alameda City Hall's polling place, Marilyn McGuynn said that she voted yes on both measures, even though she said she didn't fully understand how the two measures would affect each other.
"All I know is we've got to keep all the open space from shrinking," said McGuynn, who is retired. "We've got to have some place that's got dirt."
Part of the confusion arises from the complicated background of Measures D and E. Supporters of Measure E, called the "Open Space Initiative," have portrayed the two ballot items as dueling over what they coined as "e for environment" and "d for development." City officials say that this characterization is misleading and overly simplistic. They contend that Measure D is a "companion" to Measure E, meant to ensure the city will not end up bankrupt.
Measure E, written by city council candidate Jean Sweeney, asks voters to change the zoning of 22 undeveloped acres of land known in Alameda as the Beltline. The weedy acreage, owned by the Alameda Beltline Railroad Company, is zoned for residential, industrial and open space.
Measure E would rezone the area to permit only park land and open space. The change would prohibit the building of businesses, homes or retail outlets on this land, which has sat vacant as developments sprung up around it over the past five years.
Measure D, which is being called a "companion" to Measure E, was placed on the ballot by the city council. If adopted, it will delay the rezoning until voters can decide how the city will pay to purchase the land from the railyard's owners, if required to do so by the courts.
City officials say they fear that Alameda Beltline and its co-owners, the Burlington Northern Santa Fe and Union Pacific Railroads, will sue the city if their property is rezoned to open space, a designation that would significantly decrease the land's financial value. If brought successfully, according to Alameda assistant city manager Rob Wonder, such a lawsuit could leave the city owing the railroad the estimated value of the land -- somewhere in the neighborhood of $20 million, one-third of the city's entire general budget.
The railroad successfully sued the city once, in 1999, when the city council tried to enforce a clause from the original contract that allowed Alameda to buy back the Beltline at the first purchase price plus improvements. The judge sided with the railway company on the grounds that the contract was too vague in its physical description of the property. Assistant city attorney David Brandt said the city is filing an appeal on that decision.
Burlington Northern Santa Fe spokeswoman Lena Kent said last week that she did not know whether the railroad company would necessarily sue the city a second time.
"We feel the city would have a legal obligation to compensate us for our property if it was rezoned," said Kent. She noted that the railroad was currently in escrow with a residential real-estate developer.
"The land would be useless to developers," she said. "You can't do anything with it. You can't build anything on it."
Sweeney and her supporters oppose Measure D, saying it is simply an attempt to scare voters and derail Measure E. Sweeney said she doesn't believe the railroad company would be successful in their lawsuit, countering that the city has the legal right to rezone as it sees fit.
"The city is entitled to rezone for the benefit of their populace to provide clean air, clean water, clean parks," she said.
In addition, Sweeney and supporters said Measure D offers voters only one way to purchase the land -- through approval of new taxes -- and prevents Measure E supporters from pursuing grant and state money that might otherwise be available.
The Alameda Open Space Group, which includes the Alameda Green Party and the Sierra Club, said it aims to preserve one of the last remaining tracts of open space on this 12.4-square-mile island. They say the closure of the Alameda Naval Base in 1997, and the city's subsequent growth and development as high-tech businesses moved into town, have left many in the west end weary of increased traffic, noise and pollution. The city's biggest project -- the $2 billion redevelopment of the former naval base, now called Alameda Point -- is still to come.
Supporters of Measure D say the city does not have the money to cover the property's high price tag.
"There's no place we can come up with that kind of money. We haven't budgeted for it," said Wonder in a recent interview from city hall.
He said he does not know how the city will respond if Measure E passes and companion measure D does not.
"To be honest, we haven't addressed that issue," he said. "We don't have a contingency plan right now. We're just waiting to find out what the people want."
Kevin Kennedy, Alameda's city treasurer, who strongly supports Measure D, said he thinks it is important voters understand the ramifications of the rezoning when they go to the polls.
"It's not fair to say, 'would we like a park, yes or no?'" said Kennedy. "You have to ask, 'Would we want to pay $20 million to have a park?'"