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HomeMy WebLinkAbout4 LAFCO Hearing z CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 6, 1983 SUBJECT Local Agency Formation Commission Hearing • EXHIBITS ATTACHED Letter from City of Livermore to LAFCO dated 11/16/83 ; LAVWMA Minutes dated 9/8/83 and 8/11/83 RECOMMENDATION Discuss response to Livermore Letter of Sphere • FINANCIAL STATEMENT: None DESCRIPTION As you know, the Alameda County Local Agency Formation • Commission (LAFCO) continued its consideration of the City' s Sphere of Influence until Thursday, December 15 , 1983 at 4 : 00 p.m. At that meeting, the City of Livermore submitted a letter, see attached, which indicates that the area east of Tassajara Road and north of I-580 could more appropriately be served by the City of Livermore. It is Staff ' s recommendation that the City Council consider a written response to the City of Livermore for submission to LAFCO at the December 15 , 1983 hearing ; and consider any other actions which should be taken in preparation for that meeting. Staff has prepared a draft letter which will be presented to the City Council for its consideration. COPIES TO: ITEM NO. AlOr �,3 ADMINISTRATION BUILDING ti r ! ) 198.1 ;352 South Livermore Avenue rte.,� Livermore..CA ;55'0 CITY Y O G.:Bilil (415) 449-4300 300 DALE TURNER November 16 , 1983 • ;,;,,,,or Honorable Chairman and Members of the Commission Local Agency Formation Commission (LAFCO) Public Works Building, Room 233 399 Elmhurst Street Hayward, CA - 94544 Re: Proposed Spheres of Influence-- . City of Dublin and Dublin-San Ramon Services District (DSRSD) .Dear Commissioners: The City of Livermore wishes to reaffirm its opposition to the proposed Sphere ' of Influence request for the City of Dublin which also would impact upon the area served by the Dublin-San Ramon Services District. We had previously submitted a letter of opposition dated April 29, 1983. We have significant and valid concerns about your Commission considering a Sphere of Influence area that would more than double the size of the City of Dublin. As a preliminary matter, even though your staff has recommended a modification and reduction in the proposal sub- mitted by the City of Dublin, we question why you should even consider changing existing Spheres of Influence boundary lines at •this time. In the July 21, 1983 Staff Report to the Commission, the following comment is made: "The projected future population growth of the area can be =z. accommodated within the existing Spheres of Influence of �` the three cities, and the area excluded from the existing Spheres is generally planned for agricultural and open space and therefore should not be included in any future population growth plans. " ' If the Sphere of Influence request covers areas that are generally planned for agricultural and open space, why consider such MIA areas since they will have no future need for urban-type services. ` � Additionally, it does not seem that such an extensive change in Dublin ' s w: Sphere of Influence is warranted when it is acknowledged that future ( population growth can already be accommodated by the existing Spheres . . t t . }t r. �! S S l t'Y�7Y ?� i rt (t r P ,:: R ."2! . f: A a ii AV - Honorable Chairman and Members of the Commission Local Agency Formation Commission Hayward, CA November 16 , 1983 Page Two While the City of Livermore is opposed, generally, to the City of Dublin ' s proposed Sphere of Influence, our specific opposition relates to the Sphere' s eastern boundary. Dublin had initially requested that their eastern boundary limit be set at the ridge east of Collier Canyon Road running from Interstate 580 to the Contra Costa County line. This is completely without logic. First, the City has already initiated, and the Commission has approved, annexation by the City of Livermore of that area between Collier Canyon Road and Doolan Road to the west. This area will soon be developed by a major electronics firm. Secondly, assuming the Commission gives consideration to placing the area westerly of Doolan Road within a Sphere of Influence, we do not feel that the City of Dublin is the appropriate agency to provide services to the area. Your Commission' s own Policies and Guidelines state that in order to adequately plan for services and determine the most feasible city and special district influence lines, the following factors should be considered: 1. Sewerage facilities , either planned or developed. The City of Livermore ' s Water Reclamation Plant (WRP) is closest to the area westerly of Doolan Road and north of I-580. Further, Livermore has already in place a sewer line casing under I-580 at Doolan Road, and a sewage trans- mission line from our WRP to a point just southerly of the aforementioned casing under I-580 . In addition, Livermore has a reclaimed water line under Doolan Road. 2. Police and Fire protection. Livermore has the closest Fire Station to the area westerly of Doolan Road. Further, the City is contemplating building or relocating a Fire Station near the Livermore Airport to serve the recently- annexed area between Doolan Road and Collier Canyon Road. This will place fire protection services even closer to the area in question. The Livermore Police Department presently has a beat patrol that must respond to calls in and around the Livermore Airport and Livermore ' s Las Positas Golf Course. This is directly across the freeway from the area westerly of Doolan Road. Further, this beat patrol will be expanded to cover the soon- to-be-developed area between Collier Canyon Road and Doolan Road. 3. Waste disposal. LiveLnlore can provide waste disposal at nearby Vasco Road landfill. • Honorable Chairman and Members of the Commission Local Agency Formation Commission Hayward, CA November 16 , 1983 Page Three 4 . Provision of water transmission mains. Livermore presently owns and maintains a water transmission main under Collier Canyon Road. This main will serve the industrial development between Collier Canyon Road and Doolan Road, and can easily be extended to serve the areas beyond Doolan Road. 5. Compatible street circulation. Livermore is currently under- taking traffic studies that will ensure an adequate street and highway circulation plan to serve the area between Collier Canyon Road and Doolan Road. One of the streets to be built will run parallel to, and north of, I-580 . It would be most logical to run this street westerly of Doolan Road to serve the area and to take some of the increased traffic burden off of I-580. In addition, Livermore' s municipal bus system can be extended into the area westerly of Doolan Road. Our bus system presently has a regular route which extends out to Chabot College on Collier Canyon Road. 6 . Economic and social relationships. The area westerly of Doolan Road has more social and historical ties to the City of Livermore. Further, the area is bounded on the east and the south by the City. Livermore offers a diverse socio-economic background in the areas of education, household income, types of housing, and ethnic distribution. The area westerly of Doolan Road has an agricultural economic base similar to the economic base that still exists in areas of Livermore. 7. Geographic or natural topographic features. There are no dis- tinguishing geographic or natural topographic features that are evident in the area westerly of Doolan Road. -_ 8. Man-made barriers. There are several man-made barriers that would impede Dublin' s ability to service the -area- to the east. These include the U. S. Government' s Camp Parks training area and the Federal Correctional Institute, and the County' s Santa Rita Rehabilitation area. Further, the U. S. Army is trying to obtain additional land for its Camp Parks training area. It is neither logical , economical , or practical to "jump over" these facilities to try and extend municipal-type services to areas easterly of these facilities. If the areas easterly of these facilities are to be included within a Sphere of Influence for eventual determination of municipal services, these areas are more appropriately serviced by extending services westerly from Doolan Road. Honorable Chairman and Members of the Commission Local Agency Formation Commission Hayward, CA November 16 , 1983 Page Four In addition to the aforementioned factors, the area westerly of Doolan Road is under the flight pattern of airplane traffic from the Livermore Airport. Placing the area within Livermore' s Sphere of Influence would assure better coordination and compatibility with Airport needs and regulations. Developments under airport flight patterns are subject to various restrictions. Your staff recommends in their report that Dublin' s eastern Sphere of Influence boundary be set in the vicinity of Croak Road. We strongly feel that our arguments support the adop- tion of an eastern boundary line that does not extend beyond the Federal and County facilities identified in No. 8, above. To restate the position of the City of Livermore, we strongly oppose both the proposed Sphere of Influence request from the City of Dublin and the recommended modification as presented by your staff, particularly the eastern boundary line designation. If the Commission seriously contemplates approval, then we feel an Environmental Impact Report is both necessary and required under - CEQA. Dublin has already indicated the types of development that may occur on the land, and your staff has noted that these uses will have substantial effects on open space and agriculture. We have also demonstrated that a Sphere of Influence change of this magnitude raises serious questions about the City of Dublin ' s ability to service the area, particularly when present municipal-type services are cur- rently divided between the City and a Services District. Any action by your Commission which could lead to development of the magnitude contemplated by this Sphere of Influence request has to respond to these issues as well as such Valley-wide matters as air quality, transportation, water quality, etc. , which can only be addressed through the Environmental Impact Report process. Your staff has indicated that if Environmental Impact Reports are necessary, they would be prepared on a development-by-development basis. These types of Environmental Impact Reports, however, generally are focused Environmental Impact Reports and, while they address environmental issues related to the particular development, they do not address Valley-wide issues . A Sphere of Influence determination presents the most opportune time to direct attention to the broad spectrum of environmental issues. Your staff has indicated that a Negative Declaration is proposed for the recommended Sphere of Influence. For the reasons we have stated, we do not feel this is adequate. Our comments in this regard would be even more specific, however, the Negative 4 Honorable Chairman and Members of the Commission Local Agency Formation Commission Hayward, CA November 16 , 1983 Page Five Declaration was never sent to the City of Livermore even though our concerns about this issue have long been evident and a part of the public record. This is inconsistent with State CEQA Guidelines which require that notice and a copy of the proposed Declaration be sent to every responsible agency concerned with the project. In closing, I would just like to again state our unequivocal opposition to the proposed Sphere of Influence request. I am sure you will hear from many other agencies who also oppose this request. Since Dublin is a fairly new City, and, since a Sphere of Influence boundary does eventually have to be designated, we feel this would be the most appropriate time to review the Spheres of Influence boundaries for the three Valley cities. This effort should precede any decision regarding the Sphere of Influence question for the City of Dublin. Respectfully submitted, 1 DALE TURNER Mayor LH/DT/cm c+ r:t LAM ` � � i� A Joint Powers Agency LIVERMORE-AMADOR VALLEY . • City of Livermore WATER MANAGEMENT • City of Pleasanton • Dublin San Ramon AGENCY Services District LAVWMA . Minutes of Meeting September 8 , 1983 . Determination of Quorum Chairman Mercer called the meeting to order at 7 :30 p.m. in the Pleasanton Council Chambers . Board Members Present: Butler, Fahey, Turner, Covello (alternate for Jeffery) , Kamena,_ Chairman Mercer Board Members Absent: Jeffery . Others Present: Scheidig, Adams, Ferris , Evans, Yip, Harding, (CH2M Hill) , and Walker Consent Calendar Mercer requested that the minutes of August 11, 1983 be corrected under the consent calendar, in that he added the attorney' s bill, not deal. . Walker noted that he received a letter from Ms . Tracy stating that the State recommended we reduce our demands by 41%, not 91% . Mercer requested that the attorney' s bill be added to the consent calendar. Kamena made a motion to approve the consent calendar as submitted, with the corrections to the minutes and the addition of the attorney's bill, seconded by Butler and approved by .a 6-0 vote. General Counsel Report - Questions Related to Expansion of LAVWMA Facilities The Board held a discussion regarding, possible amendments to the JPA and the vote- of the public. Mr. Scheidig explained that if they are not going to restrict the type of use for the additional capacity., they will not need to amend the JPA. He stated that a vote of the public will be needed, and if the voters of one jurisdiction did not support the measure, it would have no consequence as long as a majority of voters in the Agency support the measure. V P.O. Box 520 • Pleasanton,.California 94566 •, (415) 846-3202 • • • LAVWMA Minutes • •Page 2 • It was noted that the District needs capacity for residential use and Pleasanton does not need capacity for residential. • Covello made a motion to authorize the legal counsel to prepare the necessary documents for the vote of the public required to implement the short term solution. Seconded by Butler. • - Mr. Mercer clarified that the motion directs Mr. Scheidig to come back with verbage and material regarding the measure,, then that material and verbage will be reviewed by the Councils. Mr. Walker noted that April is the next election they will be • able to put the measure in. . Motion passed by a 6-0 vote. Further Discussion of Study to Provide Long-Term Solution to Wastewater Export Capacity Requirements • Covello made a motion to authorize the manager to proceed to prepare a proposal to study the long term alternatives in accordance with Item No. 3 in the. recommendations by the agency • manager dated July 28 , 1983. Seconded by Butler. Kamena stated that he will not support the. motion because he • cannot support the long term alternative. • Motion passed by a 4-2 vote, Turner and Kamena dissenting. Mr. Turner stated that the motion approved by the majority of the City Council of Livermore states that any study above the 3. 1 mgd is premature with respect to all the General Plans in . the Valley, and goes on to state that any study should follow: (a) resolution of current amendments and the rezoning -for Las • Positas; (b) LAFCO' s determination of Spheres of Influence; (c) EIR on any future study; and Id) should follow all agency General Plans. He explained that Livermore is not against a study, but they believe certain .things need to happen before LAVWMA should consider that study. . After a general discussion it was decided that the LAVWMA Board did not wish to proceed with the long term- alternative study • without a unanimous vote. 0 Covello made a motion to. rescind -the previous motion. which gave approval to have the study. Seconded by Butler and passed by a 6-0 vote. • . 0 • • LAVWMA Minutes Page 3 Selection of Independent Engineer to Coordinate Joint Venture Planning Study Covello made a motion to table this item indefinetly. Second by Fahey and passed by a 6-0 vote. Communication a. Letter to Regional Water Quality Control Board from LAVWMA Chairman After a brief discussion, the Manager was directed to send a letter to the Regional Water Quality Control Board explaining the actions taken tonight, that they should not look to LAVWMA as the lead agency for the long term solution study, and that each agency will keep them informed as to what they are planning. Mr. Turner questioned the outcome of the action, taken regarding the long term study. Covello made a motion that in the absence of a unanimous vote to conduct a long term capacity study, that LAVWMA, until it obtains a unanimous vote, shall not conduct any long term capacity studies . Seconded by Mercer and passed by a 6-0 vote. Comments from Public, Board Members and Staff Don Miller, 2862 Waverly Way, Livermore, stated that he believes the items in the motion of the City Council of Livermore should be considered before a long term study is considered. He also stated that he is concerned about the health of the people in the valley. Arthur Futch, 1252 Westbrook Place , Livermore, representing the Conservation Committee of the Sierra Club, stated that they believe an expansion of the magnitude proposed can only lead to severe environmental problems, and urged the Board delay this long term study. . Vern Ertle, 1970 Holmes Street, Livermore, President of the Chamber of Commerce of Livermore, stated that he supports the long term study and believes it will point out what is needed. • LAVWMA Minutes Page 4 Jerry Disacowic, 16900 Tesla Road, Livermore, spoke regarding the report of CH2M Hill, He stated that the report erroneously implies Zone 7 is in the waste water management business and noted that they have legal power to proceed in that direction, but they are not at this time, He pointed out that Zone 7 staff provided input so LAVWMA would have numbers for the report, Several of the valley's reclamation plants that were cited in the report were severely criticized and it is not in the report that they are not in compliance with Zone 7 ' s waste water management plan, He stated Zone 7 's Ground Water. Management Plan, at this time, is now part of the Basin Plan so some of the alternatives that were suggested are no longer applicable, Jerry Goudreau, 5451 Corte Paloma, Pleasanton believed it premature to go ahead with a study of this magnitude, and spoke of the figures in the report, David Eller, 3797 Oregon Way, Livermore, commended the Board for putting future capacity to a vote of the people. He believed they should abide by the planning of the early 70 ' s. He requested the Board change the order of the agenda so the public can have the opportunity to comment before actions are taken. John Stein, 1334 Kathy Court, Livermore, spoke regarding the report prepared by CH2M Hill. He stated that Livermore is not opposed to all studies at all times , and that they believe in orderly, sustained and cost-effective growth. He stated that he objects because it was structured to be competitive. Mr. Mercer commended CH2M Hill on their report and noted that the agencies provided -the figures to save money. He noted that the LAVWMA Board has alot. of confidence in CH2M Hill, he believes they've done a fine job. Curt Altschul, Pleasanton, stated he is pleased the agency turned down the study. Mr. Turner suggested the possibility of putting the question of the study to a vote of the public. Mr. Scheidig advised the Board that there will be pretrial conference to set the matter with Trudy Brightman for trial, Arrangements for Next Meeting The next meeting will be October - 13 , 1983 , at the Pleasanton Council Chambers. Adjournment The meeting adjourned at 9 :11 p.m. Item 4 Missing Exhibit August 11 , 1983 Minutes