Why You Should Vote YES on Measure X

A letter from Ron Albert,
Sausalito Mayor and Council-member 2002-06, Chairman and Planning Commissioner, 1997-2002

A very significant majority of Sausalito’s past mayors, council-members, and planning commissioners—as well as a majority of the current City Council and Planning Commission—favor Measure X. We served in different eras and don’t always agree on local issues. We all love Sausalito, as demonstrated by our years of volunteer service to the city. None of us will receive any personal financial benefit if Measure X passes.

In 1985, residents were upset by office development in the Marinship and adopted Ordinance 1022, a law requiring a vote of the residents before any change that would increase commercial use could be approved. This requirement is almost nonexistent elsewhere, and it has effectively halted property improvements in the Marinship.

There has never been a proposal brought to Sausalito voters for approval under Ordinance 1022. Measure X is the first time I have been able to vote on anything related to the Marinship in the 37 years I have lived in Sausalito.

Ordinance 1022 placed an extraordinary burden on Marinship property owners. An owner would have to pay for a citywide referendum, pay for a campaign advocating passage, and then, even if the voters approved the proposal, go through a lengthy planning process involving traffic, engineering, and other studies—with no guarantee of approval. The proposed project would still be subject to discretionary review and could be modified or denied.

Understandably, no property owner in the past 41 years has been willing to undertake this process.

Ordinance 1022 was intended by its proponents to apply only to the Marinship. But it was drafted in such a way that it has been interpreted to apply to the entire city.

This year, a handful of neighbors opposing renovation of the Wells Fargo building invoked Ordinance 1022 in litigation to bludgeon the owner into reducing some attractive elements of the project.

There have been a few changes in the Marinship that appear to have avoided the restrictions of Ordinance 1022. But any attorney representing a prospective buyer of one of those businesses would be committing malpractice if they failed to advise the buyer of the risk that someone might attempt to enforce Ordinance 1022—and that the business would then have to defend its ability to operate in a manner exceeding the commercial activity that existed in 1985.

Sound crazy? Two years ago, Jill Hoffman supported a proposed “Blue Zone” initiative whose goal was to phase out all commercial uses in the Marinship that were not directly related to shipbuilding or ship repair.

Under the proposed initiative, Mollie Stone’s, Heath Ceramics, restaurants, artists, and even yacht sales brokers were deemed unwelcome intruders in the Marinship.

I cannot explain the motives or logic of the proponents of the “Blue Zone” initiative. But people wanting to allow only an extremely narrow category of businesses in Marinship have long been part of the fabric of Sausalito.

Opponents of Measure X say that any three Councilmembers could change the rules if Measure X passes. The statement is technically accurate but misleading.

A majority of the City Council or any legislature can change any law not enshrined in the Constitution, but only after a lengthy and cumbersome public process. That is how representative government works.

I attended the debate at the Spinnaker and have read the materials produced by the “No on X” campaign. Aside from the accurate-but-misleading statement that “any three Councilmembers can change the rules,” many of their other claims are false and designed to frighten residents, such as:

“Measure X makes every home in Sausalito nonconforming, and you won’t be able to get a permit to do anything.”

Total nonsense.

This claim has been refuted by the City Attorney and the City Planning Department.

“Measure X will turn the Marinship into Miami Beach.”

Measure X does not permit any housing. It only addresses commercial properties.

Measure X opponents insisted that the City pay for two separate independent studies of its potential effects. Both studies concluded that any changes to the Marinship were likely to be slow and incremental.

“Measure X authorizes millions of square feet of new construction.”

Measure X does not “authorize” any new construction.

It increases the maximum amount of square footage that property owners can request in proposals for property improvements. No entitlement is created. Any proposal would still be subject to the City’s discretionary review process and could be modified or denied.

“We can reject Measure X and work together on a better measure.”

Very unlikely. One of the most prominent members of the “No” campaign was consulted during the drafting of Measure X. Rather than participate in good faith, that person began preparing the opposition campaign.

In the case of the leaders of the opposition to Measure X, “No” truly means “No.”

The core members of the “No on Measure X” campaign will always oppose changes to the existing system.

Measure X gives Sausalito an opportunity to replace a 41-year-old system that has prevented meaningful investment and improvement in the Marinship while preserving public oversight of future development.

Please vote YES on Measure X.