HomeMy WebLinkAbout7.1 UrbanLimitLineBallot CITY CLERK
File # 0630-20
AGENDA STATEMENT :
CITY COUNCIL MEETING DATE: JULY 5, 2000
SUBJECT:
Western Extended Planning Area Urban Limit Line Ballot
Question
(Report prepared by Elizabeth H. Sih,er, City Attorney)
ATTACttMENTS:
RECOMMENDATION:
1. Resolution No. 24-99
2. Draft Resolution to Amend Resolution No. 24-99
Consider whether to revise ballot question for
Western Extended Planning Area Urban Limit
Line Ballot Measure
A) If Council wishes to amend, adopt the draft
resolution with appropriate ballot question.
B) If Council does not wish to amend the ballot
question, take no further action.
FINAN'C/akL STATEMENT:
Sufficient funds have been included in the 2000-2001
Elections Budget
DESCRIPTION: On February 16, 1999, the Council adopted Resolution No. 24-99 (Attachment 1),
placing a measure before the voters at the November 2000 election. As required by the Elections Code,
Resolution No. 24-99 included the question which will be printed on the ballots. This is generally referred
to as the '%allot question." The text of the proposed measure will be printed in the ballot pamphlet
following the ballot question. In addition, the ballot will include the City Attorney's Impartial Analysis,
followed by an argument for (on behalf of the Council) and against the measure ([fan argument against is
submitted), and rebuttal ar~mnnents (if submitted).
The ballot question must be 75 words or less and read as follows: Shall the ordinance/resolution (stating
the nature thereof) be adopted? (Elections Code sectionsl31 t9, 13247.) There are no other statutory
requirements affecting the ballot question.
Kesolution No. 24-99 phrases the ballot question as follows: "Shall a Resolution be adopted to amend
the City of Dublin General Plan to establish an Urban Limit Line in the Western Extended
Planning Area for a period of 50 years?" (31 words)
COP]I;S TO: Morgan King
G:\CC-MTGS~2000QTP,3~K.K,Y~7-5 -00 k4~S -BALLOTLANGLL~GF_~ULL.DOC
ITEM NO. ~
Morgan King, a Dublin resident, .has suggested that the Council revise the ballot question to read as
follows: "Shall a Resolution be adopted to amend the City of Dublin General Plan to establish an
Urban Limit Line in the Western Extended Planning Area for a period of 30 years, and to require
that the Urban Limit Line may be changed only by a vote of the people of Dublin during the
effective period?" (55 words)
The Council can revise the ballot question if it does so no later than the August Is Council meeting, as
long as the ballot question does not exceed 75 words and it states the nature of the proposed measure.
Staffbelieves that the ballot question included in Resolution No. 24-99 states the nature of the proposed
measure, as required by the Elections Code. Mr. King's proposed language also states the nature of the
proposed measure. Indeed, there are many ways the ballot question could be worded to state the nature of
the measure. The law does not require that all aspects of the proposed measure be described in the ballot
question.
A resolution to amend Resolution No. 24-99 by revising the ballot question is attached and can be adopted
if desired by the Council.
Recommendation:
Staffrecommends that the Council review the ballot question contained in Resolution No. 24-99 and, if
desired, adopt the attached draft resolution, with appropriate language, or take no further action.
J:\g,'PDhMnrsw\l 14\001 '2000x.4gandakarnicus-ERAF_620.doe
EHS~ja
RESOLUTION NO. 24 - 99
A RESoLUTIoN OF THE CITY COUNCIL OF TH'E CITY OF DUBLIN
SUBMITTING A MEASURE TO THE VOTERS TO ADOPT AN URBAN LIMIT LINE
IN ~ WESTERN'EXTENDED PLANNING AREA AT TlqE REGULAR
MUNICIPAL ELECTION ON NOVEMBER 7, 2000, CALLING A GENERAL MUNICIPAL
ELECTION, AUTHORIZING CERTAIN PROCEDURAL MATTERS, AND REQUESTING
BOARD OF SUPERVISORS TO CONSOLIDATE THE ELECTION WITH
~ STATEWIDE GENERAL ELECTION
BE IT RESOLVED by the City Council of the City of Dublin as follows:
1. Tuesday, November 7, 2000, is an established election day in and for the City of Dublin.
2. The City Council is authorized to submit a measure to the voters for their consideration
pursuant to Elections Code section 9222;
3. A regular municipal election is hereby ordered and called to be held in the City of Dublin,
County of Alameda, on Tuesday, November 7, 2000, to determine the question set forth in Section 5
hereof.
4. The City Council desires to submit a measure to the voters to establish an Urban Limit Line
for the Western Extended Planning Area, with such tine located along the current city limit lines; and lands
west of the Urban Limit Line would be designated as Rural Residential/Agriculture, and the location of the
Urban Limit Line and the Rural Residential/Agriculture land use designation would be effective for a
period of 30 years, unless changed by the voters of Dublin.
follows:
The ballot measure shall appear and be printed on the ballots to be used at the election as
YES
Shall a Resolution be adopted to amend the City of Dublin General Plan to establish an
Urban Limit Line in the Western Extended Planning Area.for a period of 30 years?
NO
6. The Resolution to be enacted by the voters pursuant to Paragraph 5 above shall be in the
form set forth in Exhibit A, attached hereto.
7. The Alameda County Board of Supervisors is requested to conduct said election and to
,~'~ :onsolidate said municipal election with the statewide election to be held on November 7, 2000.
8. The Registrar of Voters of.~dameda County is requested to perform services in connection
with said election at the request of the City Clerk.
Attachment
9. The City of Dublin shall pay to the Board of Supervisors of Alameda County its pro-rata
share of the expenses for said election as jointly determined by the City of Dublin and the Board of
Supervisors of Alameda County in accordance with the provisions of the Elections Code of the State of
California.
10. The City Clerk is hereby directed to cause the posting, publication and printing of all notices
or other election mater/als pursuant to the requirements of the Government Code and Elections Code of
the State of California.
H. The City Clerk is hereby directed to obtain printing, supplies and services as required.
12. The City Clerk is hereby authorized to provide such other services and supplies in
connection with said election as may be required by the statutes of the State of California.
13. The City Council authorizes Vice-Mayor Lockhart and Councilmember Howard to prepare
a written argument in favor of the ballot proposition on behalf of the full, City Co.ungi~ not to exceed 300,
words.
14. Rebuttal arguments may be filed, not to exceed 250 words, ho lktei- ~than ¢1 days prior {o
the date of the election.
15. The City Attorney is directed to prepare an impartial analysis of the measure as provided in
the Elections COde.
PASSED, APPROVED and ADOPTED this 16th day of February,' 1999, by the following vote:
AS~ES:
Councilmembers Ho~vm'd, Lockhart, McCormick, Zika and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
K2/G/2-J 6-99/reso-urb-ls
J:\WPD'~'vlNRSWXl 14\01 kP,.ES 0\1999kB.M.2,1EAS.KEG
EHS:ML~:rja
Exhibit A
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DUBLIN
APPROVING A GENERAL PLAN AMENDMENT TO
ESTABLISH AN URBAN LIMIT LINE FOR WESTERN DUBLIN
The People of the City of Dublin do hereby resolve as follows:
SECTION 1. Purpose. Effect. Findines.
A. Purpose. The purpose of this General Plan Amendment is to encourage a cohesive pattern
of urbanization in the City of Dublin by establishing an Urban Limit Line along the current westerly city
limits. The Urban Limit Line is a boundary beyond which urban development shall not encroach into the
western hills unless approved by the voters of Dublin. The areas beyond the Urban Limit Line are among
the steepest and most heavily wooded in the City's western extended Planning area. This General Plan
Amendment supports existing General Plan policies calling for preservation of natural habitat, oak
woodlands, natural creeks, ridgelines, scenic hews, open space, agriculture and other similar resources
which characterize the area beyond the Urban Limit Line. Through the voter approval provisions of this
General Plan Amendment, Dublin residents will be able to more directly participate in important land use
decisions which affect the unique constraints and resources in the western hills and, in mm, affect the
residents' quality of life.
B. Effect. This General Plan Amendment will foster and protect the rural character of the
western hills where steep slopes, prominent ridgelands hnd other constraints make urban development
difficuk. It will also promote uses that foster public health and safety and productive investment for
grazing and other agricultural enterprise on lands outside the western City limits. This General Plan
Amendment wilt add a definition of Urban Limit Line to the General Plan and will locate it along the
current western City limits. This Am,,~ndment will add related policy text to the General Plan and will
desi~maate lands beyond the Urban Limit Line as Rural Residential/Agriculture as defined for the western
ex-tended planning area.
C. Findings. The People of the City of Dublin hereby find as follows.
1. This General Plan Aanendment serves the public interest in prote.cting Dublin's natural
resources and limiting development to areas where it can reasonably be accommodated.
2. The western hills contain numerous environmental constraints such as steep slopes,
prominent ridgelands, riparian corridors, sensitive vegetation, landslide areas, and high visibility along
I-Iighway 580. Existing General Plan policies restricting development where such constraints are present
greatly reduce the ability of the area to sustain urban level development. Furthermore, the General Plan
aclmowtedges that the "present undistm%ed natural ridgelines as seen fi-om the primary planning area and
key travel corridors are an essential component of Dublin's appearance as a freestanding city ringed by
open hills." (Section 3.3, Policy D.)
Exhibit A
3. The lands subject to this General Plan Amendment are outside the current City limits of
Dublin and not subject to the City's land use jurisdiction, therefore this General Plan Amendment does not
constitute a talcing of private lands in that development on such lands is currently governed by Alameda
County land use plans, policies and regulations. There are no existing Dublin project approvals in the area
beyond the current western City Iimits.
4. The City can continue to meet its Housing Element objectives of providing for the
housing needs for ail economic segments of the population, especially lower and moderate income
households, by directing the development of housing into areas outside the western h/Ils and currently
designated for urban development where services and infrastructure can be provided more cost effectively.
~ Residents in the western hills have raised significant issues regarding current traffic on
existing local roadways and the ability of such roadways to accommodate additional urban level use.
SECTI6N 2. General Plan Amendment.
A. Land Use Map Amendment. Amend the Extended Planning Area Land Use Map, Figure
1-2 of the City of Dublin General Plan, as follows:
1. Amend the legend of Fi~mare 1-2 to add 'TJrban Limit Line", to add the land use
desi~maation of Rural Residential/Agriculture, and to delete '~Residential/Open Space (see note)".
2. Amend Figure 1-2 to locate the Urban Limit Line in the Western Extended Planning
Area along the City limit boundary as of ,
3. Amend Figure 1-2 to show a land use designation of Rural Residential/Agriculture for all
Western Extended Planning Area lands located west of the Urban Limit Line.
4. Amend Figure 1-2 to delete the Western Extended Planning Area Guiding and
Implementing policies shown thereon.
B. Text Amendment.
1. Amend Section 1.8. t, Western Extended Planning Area, to state rather than cross-
reference the actual text of the "Residential: Rural Kesidential/Ag-riCUlture" land use designation and to
readopt the desi_.Lmation as follows:
"Residential: Rural Residential/Agriculture (1 unit per 100 gross residential acres).
Accommodates a_griculmral actvifies mad other open space uses, such as range and watershed
management, consistent with the site conditions and plan policies. This classification includes privately
held lands, as well as public ownerships not otherwise designated in the plan for Parks, Open Space, or
Public/Semi-public uses. Assumed household size is 3.2 persons per unit."
2. Amend Section 1.8.1, Western Extended Planning Area, to add the following after
"Other land use categories" and before Table 1.1:
Exhibit A
"Urban Limit Line. An Urban Limit Line was adopted by initiative in ~ for the Western
Extended Planning Area. The Urban Limit Line is located along the city limits line as of the effective date
of the initiativel Pursuant to the initiative, lands west of the Urban Limit Line are designated as Rural
Residential/Agriculture on the Land Use Map. The initiative is effective for 30 years from its effective
date; the location of the Urban Limit Line may be changed only by a vote of the people of Dublin during
the effective period, and only following review and approval of a General Plan Amendment by the City
Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land
use designation to an urban designation."
3. Amend Section ~, Western Extended Planning Area, to add the following at the end of
the section, after Table 2.2:
"All lands in the Western Extended Planning Area located west of the Urban Limit Line as defined
in Section 2.B.2 above, shall be desi~nated Rural Resident/al/Agriculture for a period of 30 years from the
effective date of Resolution , adopted by initiative in ~ The intent of the Urban Limit
Line is to protect the natural resources of the western hills and to resfrict further urban development in the
western hills, instead guiding it to areas of Dublin that are less constrained and where urban services can be
provided in a more efficient and Cost-effective manner.
In addition to restricting urban development, the City will not approve or recommend approval of
the permanent use or extension of city services or facilities, including but not limited to utilities or roads, to
support or facilitate urban development beyond the Urban Limit Line."
SECTION 3. Implementatibn.
_A- Effective Date. Upon the effective date of this resolution, the provisions of Section 2 of
this resolution are hereby inserted into the City of Dublin General Plan as an amendment thereof.
B. City Ordinances and Policies. All City plans, policies, ordinances, rules and regulations
constituting legislative acts shall be amended as necessary as soon as possible and in the time and manner
required by State law to ensure consistency between those policies and the provisions adopted by Section 2
of this resolution.
C. Project Approvals. Upon the effective date of this resolution, the City, and its
departments, boards, commissions, officers and employees, shall not grant or by inaction allow to be
approved by operation of taw, any General Plan Amendment, rezoning, specific plan, tentative or final
subdivision map, conditional use permit, bUilding permit or any other ministerial or discretionary
entitlement, wkich is inconsistent with this resolution.
SECTION 4. Exemptions for Certain Proiects. This resolution shall not apply to any development
project that, as of the effective date of this resolution, has obtained a vested right pursuant to State law.
SECTION 5. Severabilitv. If any portion of this resolution is declared invalid by a court, the remaining
portions are to be considered valid.
Exhibit A
SECTION 6. Amendment or Repeal.
amended or repealed only by the voters of the City of Dublin at a City election.
Exhibit List: A - General Plan Figure 1-2 reflecting changes proposed herein.
APPROVED BY THE FOLLOWING VOTE OF THE PEOPLE ON
2000.
YES
NO
Adopted by declaration of the vote" of the City Council of the City of Dublin on
Effective
Except as specifically provided herein, this resolution may be
Attest:
City Clerk
Mayor
K2/G/2-.[ 6-99/ull-re so-exhibita
J:\WPDqVhN'RS '~v%l 14k0 I'~ESO\i 999\URBANLIM-ALT
EHS:M}CF~a
;,
Exhibit A
.Dv lin eneral Plan
Imda
l--xteildedI PlannincJ Area
Urban Limit Line
Rural Resldential/^griculture
Publla ~nd~
SchaeFer Re.ch
. (See lqgm'e 1-3 $thne[er l~n.th G,I'.A.)
Blay~my.Oyett,U~bnn and Regional Planners
As Amc.dod ~lny, 1998
......... · ~tecjionnl Park
:tahnbllitAI]nn Center
Devulol,mmrl Elevation Cai, Policlel
A.
'lhe City slmfi utillte Ibc 770 root elevation ·aa planning tool to
provlde · I~·nsltlmVbulrer area between urban developmeat ·nd
agdcullmat/open space land uses east orlhe sphere oFinnuence
fine which du nut ,equhe all uiban level of pubfi¢ se~ice and
i~B aSllUClUIe.
Urban land uses may be approved rot ·reds beyond the ,
Develupmeut Elevalion Cap only when laud use I.rmmatton Is
available cove,inB Ihe polentlal Impacts associated with natural
resumces, public health and safety, 'visually sensitive (esomces,
blologlcally senshivn hah|tat ·real. h~r~aUmcluse, rulme
~ntlldmenL
A new specific plau or amendme,t to the e~slin8 Eastern Dubfin
Specific I'lm~ will be ~equbed berme any mban developmeul h
approved Cur thuse areas outside tim Deveioplueut Elevatlon
Caf nut cove*cd by the p~esent Specific ~lan. Tim Specific
I'la,{s) slmll include new policies end action
runber Ihe goals a,d policies ortho ~ene~al J'lan and
designed specifically far 1l~e Easter ~tended Piing
Develulmmm or I,mpmly wld, m~ approved ulb:u land use
dcsi~nntlun unde~ Ibc ~mstefn Dubfin Specific Plan
Iocaled bath btlow and above lira Development ~levadon Cap
may be conslde~ed consi~len~ wiIb Ibc Development ElevIlion
Cap so Io.B s~ all other applicable Gene,al l'hn. Specific Plan
and udmr developmmlt policies ale complied whh.
i
I
I
I
I
I
I
I
I
I
RESOLUTION NO. - O0
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING RESOLUT/ON NO. 24-99
REGARDING A MEASURE TO BE SUBMITTED TOTHE VOTERS
TO ADOPT AN URBAN LIMIT LINE IN THE WESTERN EXTENDED PLANNING AREA
AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 7, 2000
BE IT RESOLVED by the.City Council of the City of Dublin as follows:
1. By Resolution No. 24-99, adopted February 16, 1999, the Council submitted a
measure to the voters for their consideration pursuant to Elections Code section 9222;
2. A regular municipal election has been called on Tuesday, November 7, 2000, to
determine the question set forth in Section 5 of Resolution No. 2499; and
3. The City Council desires to revise the ballot question,
NOW, THEREFORE, THE CITY COUNCIL RESOLVES as follows:
Section 5 of City of Dubtin Resolution No. 24-99 is amended to read as follows:
Shall a Resolution be adopted to amend the City of Dubtin General Plan to establish an
Urban Limit Line in the Western Extended Planning Area for a period of 30 years, and to
require that the Urban Limit Line may be changed only by a vote of the people of Dublin
during the effective period?
YES
NO
PASSED, APPROVED and ADOPTED this 5t~ day of July, 2000, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
J:\V~n. PDkMN]>,.S W~I 14\01LRESO\1999kBALlvlEAS.REG
EHS:M~.-rja
Attachment 2