Loading...
HomeMy WebLinkAboutReso 122-92 SpecElection1/5/93RESOLUTION NO, 122 - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING A SPECIAL ELECTION ON JANUARY 5, 1993 TO PLACE TWO MEASURE8 BEFORE THE VOTERS OF THE CITY OF DUBLIN REGARDING THE WESTERN DUBLIN GENERAL PLAN AMENDMENT AND SPECIFIC PLAN; REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO ALLOW THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION; AUTHORIZING CERTAIN PROCEDURAL MATTERS & SUPERSEDING RESOLUTION NO. 121-92 IN ITS ENTIRETY BE ITRESOLVED by the City Council of the City of Dublin as follows: Section 1: Call for Special Election° Pursuant to Election Code Sections 4020 and 4055, the City Council may call a special election to submit a referendum petition to the voters; and pursuant to Election Code Section 4017, the City Council may submit a measure to the voters at any special election. The City Council hereby calls a special election to be held in the City of Dublin on Tuesday, January 5, 1993, for the voters to determine questions as set forth in Section 2 hereino Section 2: Ballot Language. The referendum measure shall appear and be printed upon the ballots to be used at the election as follows: "Shall City Council Resolution No. 88-92, adopting a General Plan Amendment and Specific Plan for Western Dublin which would establish a maximum number of dwelling units to be constructed in the area while setting aside a certain percentage of the property for open space uses, including a golf course, and making findings, adopting a statement of overriding considerations and adopting a mitigation monitoring program pursuant to the California Environmental Quality Act, be adopted?" The initiative measure shall appear and be printed upon the ballots to be used at the election as follows: Shall a resolution be adopted to (1) provide guarantees and restrictions within the Western Dublin Specific Plan area, relating to views, water, wastewater, open space, wildlife habitat, traffic, financial responsibility, growth phasing, oak trees, public trails, public facilities, air quality and schools, which can only be changed by a vote of the people, (2) amend the General Plan for Western Dublin, and (3) adopt the Western Dublin Specific Plan? Section 3: Form of Initiative. The initiative resolution to be enacted by the voters pursuant to Section 2 shall be in the form set forth in Attachment 1 attached heretoo Section 4: County Services Requested° The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk. Specified election services may consist of, but are not limited to the following: a) Precinct consolidation, establishment of polling places, securing election officers, preparing and mailing notices of appointment, and publication of precinct officers and polling places° b) Typesetting and printing sample ballots, which includes polling place notifications, ballot arguments, and mailing to registered voters. c) Printing of official ballots. d) Purchasing precinct supplies and absent voters supplies. e) Delivery of voting booths, ballots, ballot boxes, and precinct supplies to precincts/election officers. f) Electronic and/or tabulation of votes. g) Canvassing and certifying to the City Clerk, the resultsof election. h) All things necessary or incidental to the above in accordance with California Election Law in effect at the time of the election or other functions as may be requested by the City° Section 5: Payment for Services. The City of Dublin shall pay to the Board of Supervisors of Alameda County actual costs for expenses incurred 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. Section 6o Ballot Arguments. Rebuttals and Impartial Analysis a) The City Council hereby establishes October 12, 1992 at 4:00 pomo, as the last day for submission to the City Clerk of direct arguments for or against each proposed ballot measure. Direct arguments shall not exceed 300 words and shall be signed by not more than five persons. b) The City Council hereby establishes October 22, 1992 at 4:00 pom.~ as the last day for submission to the City Clerk of rebuttal arguments for and against each proposed ballot measure. Rebuttal arguments shall not exceed 250 words and shall be signed by not more than five persons. c) The City Clerk is directed to transmit a copy of the proposed ballot measures to the City Attorney, who shall prepare an impartial analysis of the measures (not to exceed 500 words), showing the effect of the measures on the existing law and the operation of the measures no later than October 12, 1992. Section 7: Notices° The City Clerk is hereby directed to cause the posting, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California. Section 8: Filing. The City Clerk is further directed to file a copy of this resolution with the Alameda County Board of Supervisors and with the County Clerk and to transmit a copy of this resolution to the Alameda County Registrar of Voters on or before October 9, 1992. Section 9: This Resolution shall supersede Resolution No. 121 - 92 (calling for a special election related to referendum measure only) in its entirety. Section 10: Although the City Council believes its action in placing these measures on the ballot is not a "project" within the meaning of the California Environmental Quality Act, if such action is a "project"~ the Council finds that the significant environmental impacts of both the referendum and the initiative are adequately discussed in the Final Environmental Impact Report for the Western Dublin General Plan Amendment and Specific Plan, certified by the City Council on May 28, 1992, and that no further environmental analysis is necessary. PASSED, APPROVED AND ADOPTED this 28th day of September, 1992, by the following vote: AYES: Councilmembers Burton, Howard~ Jeffery and Mayor Snyder NOES= None ABSENT: Councilmember Moffatt ABSTAIN: None K2/A/RESO- ~ -A (Rebuttals At [owed) RESOLUTION NO. - 93 A RESOLUTION OF THE CITY OF DUBLIN ENACTING PRESERVATION GUARANTEES, CONSTRUCTION AND DEVELOPMENT RESTRICTIONS, AND VOTER PROTECTIONS FOR WESTERN DUBLIN; ADOPTING A GENERAL PLAN AMENDMENT AND SPECIFIC PLAN FOR WESTERN DUBLIN; MAKING FINDINGS, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING PROGRAM THE PEOPLE OF THE CITY OF DUBLIN DO ORDAIN AND RESOLVE AS FOLLOWS: Section 1. Purpose. The purpose of this measure is to give the people of Dublin the following permanent, legal binding guarantees regarding the Western Dublin Specific Plan area ("Plan Area"): (a) Preservation Guarantees. No construction or development shall take place in the Plan Area unless it complies with specific Preservation Guarantees established by this measure regarding views, water, wastewater, open space, wildlife habitat, traffic, financial responsibility, oak trees, public trails and other recreational opportunities, phasing of managed growth, air quality, schools, and other public services and facilities; (b) No Cost to Residents of Existing Dublin Guarantees. No construction or development shall take place unless it pays its own way, provides its own water and other public services and facilities, does not raise..~he cost of service for residents of existing Dublin and does not make the 4 \resol\28\preservation. ehs I September 23, 1992 - achm t 1 4\resol\28\preservation.ehs City or residents of existing Dublin responsible for the cost of any program or other measure needed; and (c) Voter Control Guarantee. No amendment, revision or change to the Preservation Guarantees, Construction and Development Restrictions, and Voter Control Protections set forth in Section 2, below, shall take place except by a vote of the people of Dublin. (d) Guarantees Effective Upon Annexation. These Preservation Guarantees, Construction and Development Restrictions, and Voter Control Protections shall control upon annexation of the Plan Area to the City of Dublin. Section 2. Preservation Guarantees, Construction and Development Restrictions, and Voter Control Protections. We, the people of the City of Dublin, adopt the following Preservation Guarantees, Construction and Development Restrictions, and Voter Control Protections, which are hereby included in the Western Dublin Specific Plan adopted by Section 3 of this measure: (a) Preservation Guarantees and Construction and Development Restrictions. (1) Views. No construction or development shall take place unless the following key ridgelines, important to the City of Dublin as visual resources, are kept in permanent open space: (a) the ridgeline and east- facing slopes of Skyline Ridge -- extending from Donlan Point to Divide Ridge -- at elevations above existing approvals for 2 September 23, 1992 development, (b) Divide Ridge (the backdrop for San Ramon and north Dublin'), and (c) Clark Ridge (adjacent to existing homes to northwest Dublin). Likewise, no construction or development shall take place unless public trails, emergency vehicle roads and other access roads are planned to minimize visual impacts to residents of existing Dublin. Policies 4-12, 8-29 and 8-30 of the Western Dublin Specific Plan are supplemented by the preceding additional policy. (2) Water. No construction or development shall take place unless the delivery of water to the Plan Area: (a) has been assured by the water provider, (b) does not create any additional costs to residents of existing Dublin, whether as connection charges, monthly service charges or other charges, (c) would not,impair existing water supplies to residents of existing Dublin, and (d) does not make the City of Dublin or residents of existing Dublin responsible for the costs of any financing program or other measure needed to provide water to such construction or development. Policies 5-1 ,and 5-2 of the 4\resol\28\preservation. ehs 3 September 23, 1992 Western Dublin Specific Plan are supplemented by the preceding additional policy. (3) Wastewater. No construction or development shall take place unless wastewater service to the Plan Area: (a) does not create any additional costs to residents of existing Dublin, whether as connection charges, monthly services charges, other charges, (b) does not make the City of Dublin or residents of existing Dublin responsible for the costs of any financing program or other measure needed to provide wastewater service to such construction or development, and (c) promotes alternative tertiary wastewater treatment and use in Western Dublin in order to provide an alternative water source for irrigation of landscaped areas. Policies 5-3, 5-4 and 5-5 of the Western Dublin Specific Plan are affirmed and supplemented by the preceding additional policies. (4) Open Space/Wildlife Habitat. No construction or development shall take place unless: (a) approximately sixty percent (60%) of the Plan Area is. placed in and restricted to permanent open space use, (b) 4\resol\28\preservation. ehs 4 September 23, 1992 provision is made to properly maintain the open space at no cost to the residents of existing Dublin, (c) wildlife habitat in the open space is protected whenever feasible (including the grassland, coast live oak woodlands, riparian.woodlands, northern coastal scrubland, aquatic biomes, and wildlife corridors), and (d) the construction or development complies with the applicable requirements of the California Department of Fish and Game, U. S. Army Corps of Engineers, and all other applicable state and federal agencies. Policies 7-21, 7-22, 7- 23, 8-12, 8-13, 8-14, 8-15 and 8-16 of the Western Dublin Specific Plan are affirmed and supplemented by the preceding additional policies. (5) Traffic. No construction or development shall take place unless: (a) binding commitments to construct needed interchange improvements to 1-580 are in place, and such interchange improvements are at no cost to the residents of existing Dublin, (b) binding commitments to construct intersection improvements at San Ramon.Road/Dublin Boulevard, Silvergate Drive/Dublin Boulevard 4\resol\28\preservation.ehs 5 September 23, 1992 and Foothill Road/Dublin Canyon Road are in place, and such improvements are at no cost to the residents of existing Dublin, and (c) all such traffic improvements are planned to improve traffic flow and safety. Policy. 4-1 of the Western Dublin Specific Plan is affirmed and supplemented by the preceding additional policy. (6) Financial Responsibility. No construction or development shall take place unless: (a) no current resident of existing Dublin is included in any financial program arising out of the Plan Area, and (b) no resident of existing Dublin is burdened by or liable or responsible for any of the costs associated with any such financial program. Policy 10-1 of the Western Dublin Specific Plan is affirmed and supplemented by the preceding additional policy. (7) Growth Phasing. No construction or development shall take place: (a) unless it is consistent with a phasing plan implemented under the Western Dublin Specific Plan, and (b) until such time as binding commitments of adequate services and facilities necessary to serve the Plan Area (at no cost to residents ~\resol \28 \preservation. ehs 6 September 23, 1992 of existing Dublin) are in place. Policy 10-1 of Western Dublin Specific Plan is affirmed and supplemented by the preceding additional policy. (8) Oak Trees. No construction or development shall take place unless: (a) a detailed tree survey is completed and standards for the protection of existing oak woodlands are approved by the City of Dublin, and (b) any removed trees are replaced at a minimum 3 to 1 basis. Policies 8-12, 8-13 and 8-14 of the Western Dublin Specific Plan are affirmed and supplemented by the preceding additional policy. (9) Public Trails. No construction or development shall take place unless: (a) a trail along Divide Ridge, which will align and connect with the East Bay Regional Park System Regional Trail is dedicated, (b) the trail is made public and open to all residents of Dublin, and (d) a staging area and convenient access points for trail users are planned. Policies 7-16, 7-17 and 7-18 of the Western Dublin Specific Plan are affirmed and supplemented by the preceding additional policy. 4\resol\28\preservation.ehs 7 September 23, 1992 (10) Public Services and Facilities. No construction or development shall take place Unless the on-site and off-site public infrastructure'and public services required to support development in the Plan Area are funded without any cost being imposed on or borne by the residents of existing Dublin. Policy 10-1 of the Western Dublin Specific Plan is affirmed and supplemented by the preceding additional policy. (11) Air Ouality. No construction or development shall take place unless: (a) All fireplaces and wood stoves are approved by the Environmental Protection Agency, and (b) an effective plan for the control of dust during grading has been approved by the City of Dublin or the Bay Area Air Quality Management District, as appropriate. Policies 8-39 and 8-40 of the Western Dublin Specific Plan are affirmed and supplemented by the preceding additional policy. (12) Schools. No construction or development shall take place unless: (a) the school site designated in the Western Dublin Specific Plan is offered for dedication at no cost to the school district, and/or (b) all ~\resol\28\preservation.ehs 8 September 23, 1992 applicable school impact fees, charges and levies are paid. Policies 6-1 and 6-2 of the western Dublin Specific Plan are affirmed and supplemented by the preceding additional policy. (b) Voter Control Protections. (1) Controlling Provisions. These Preservation Guarantees and Construction and Development Restrictions shall prevail over any other conflicting provision in the Western Dublin Specific Plan. (2) Amendment. These Preservation Guarantees, Construction and Development Restrictions, and Voter Control Protections shall not be amended, revised or changed in any way except by a majority vote of the people of Dublin voting at an election. Section 3. Western Dublin General Plan Amendment and Specific Plan. With the addition of the Preservation Guarantees, Constructions and Development Restrictions, and Voter Control Protections adopted in Section 2 of this measure, we the people of the City of Dublin do ordain and resolve that we adopt the Western Dublin General Plan Amendment and Western Dublin Specific Plan, which are attached hereto as Exhibit A and incorporated herein by reference, together with Resolution. No. 88-92 as adopted by the City Council of the City of Dublin on July 13, 4\resol\28\preservation.ehs 9 September 23, 1992 1992, which is attached hereto as Exhibit B and incorporated herein by reference with the exception of the provision of Resolution 88-92 regarding its effective date. Section 4. Amendment. The Preservation Guarantees, Construction and Development Restrictions and Voter Control Protections adopted in Section 2 of this measure shall only be amended by the vote of the people of Dublin; however, the City Council may amend other portions of the Western Dublin Specific Plan and may amend the Western Dublin General Plan Amendment if needed to allow planning flexibility~ provided any such amendment is done pursuant procedures provided by state law. Section 5. Conflict with Referendum. This measure is inconsistent with and intended as an alternative to the referendum of City Council Resolution 88-92 regarding the Western Dublin Planning area. If passed by the voters, Resolution 88-92 would amend the City's General Plan to provide the land uses for the Western Dublin extended planning area and would adopt the Western Dublin Specific Plan, both of which plans could subsequently be amended by the City Council following the procedures prescribed by state law. This measure, if enacted, would amend the City's General Plan to provide the same land uses for the Western Dublin extended planning area and would adopt the Western Dublin Specific Plan but certain specified provisions of the Specific Plan would be supplemented and could only be amended by a vote of the electorate. If this measure and the referendum of City Council Resolution No. 88-92 are both passed by a 4\resol\28\preservation. ehs 10 September 23, 1992 majority voting thereon (both receive a majority "yes" vote), then, in accordance with Elections Code Section 4016, the one with the most affirmative votes shall prevail and take effect. If this measure is passed by a majority voting thereon, but the referendum is not passed (receives a majority "no" vote), then this measure shall prevail and take effect. Section 6. Severability. If any portion of this measure is hereafter determined to be invalid by a court of competent jurisdiction, all remaining portions of this measure shall remain in full force and effect. We, the people of Dublin, hereby assert that each section, subsection, sentence, phrase, part, or portion of this measure would have been adopted and passed irrespective of the fact that any one or more sections, subsections, sentences, phrases, parts or portions shall be declared invalid or unconstitutional. Section 7. Effective Date. This resolution shall take effect in accordance with the provisions of Elections Code section 4013, upon a majorityof the voters voting in favor of the measure at the special election called for such purpose,.and will be deemed adopted upon the date that the vote is declared by the City Council and shall go into effect ten (10) days after that date. APPROVED by the following vote of the 'people on January 5, 1993: 4\resol\28\preservation.ehs 11 September 23, 1992 ADOPTED by Declaration of the vote of the City Council of the City of Dublin on , 1993. EFFECTIVE on , 1993. ATTEST: MAYOR CITY CLERK 4\resol\2S \preservation. ehs 12 September 23, 1992