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HomeMy WebLinkAbout8.4 Place Initiative on Ballot W. Dublin GP 1 • � CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 28, 1992 SUBJECT: Consideration of City Council Sponsored Initiative Measure to be placed on Special Election Ballot to be held in the City of Dublin on January 5, 1993 , regarding Western Dublin General Plan Amendment and Specific Plan Report Prepared by Elizabeth Silver, City Attorney and Kay Keck, City Clerk EXHIBITS ATTACHED: ■ City Attorney Memo dated September 18, 1992 ■ Resolution calling a Special Election on January 5, 1993 to place two measures 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; and authorizing certain procedural matters. Resolution A would allow rebuttals to ballot arguments. Resolution B would not allow rebuttals to ballot arguments. ■ Attachment 1 (Initiative Resolution) referenced in Section 3 of Resolutions A & B (Copies of Exhibits A & B referenced on Pages 9 & 10 of Attachment 1 will be available at the meeting. ) RECOMMENDATION:�Uj ■ Consider whether or not to add initiative measure to special election ballot and if appropriate, adopt either Resolution A or B. (This resolution would supersede previously adopted resolution calling a special election for referendum only. ) ■ Appoint member or members of City Council to write ballot arguments for or against measures, if desired. FINANCIAL STATEMENT: The City would incur minimal additional costs for an initiative to be added to the special election ballot called for the referendum. DESCRIPTION: At its September 14, 1992 City Council meeting, the City Council directed Staff to work out the logistics of placing a City Council sponsored measure on the ballot if a special election were to be called relative to the referendum action on the Western Dublin General Plan Amendment and Specific Plan. The previous agenda item certified the referendum petition as being sufficient and presented the City Council with 3 options. Based on - the assumption that the City Council calls a special election to be held on January 5, 1993 , the Council may place an initiative measure on the same ballot. The proposed initiative measure (Attachment 1 to Resolution) would adopt the General Plan Amendment and the Specific Plan for western Dublin, together with the findings, statement of overriding considerations and mitigation monitoring program adopted by the Council on July 13 , 1992 . In addition, it would adopt twelve additional policies as part of the Specific Plan which could only be ---------------------------------------------------------------------- COPIES TO: CITY CLERK ITEM NO. FILE a 0 AGENDA STATEMENT: Council Sponsored Initiative Page 2 changed by a vote of the people. These policies relate to views, water, wastewater, open space/wildlife habitat, traffic, financial responsibility, growth phasing, oak trees, public trails, public services and facilities, air quality and schools. These additional policies would affirm the existing Specific Plan policies and supplement those policies. The guarantees contained in these twelve policies are either presently contained in the Specific Plan, the General Plan Amendment, or the Final Environmental Impact Report as mitigation measures. For example, the guarantees that water, wastewater service, traffic improvements and public infrastructure will be at no cost to residents of existing Dublin are contained in the General Plan Amendment (Section 2 . 1.4, Implementing Policy G (4) : "The fiscal impact of new residential development in the Western Extended Planning Area supports itself and does not draw upon and dilute the fiscal base of the remainder of the city. ") . This measure would consolidate policies contained in the Specific Plan, General Plan Amendment and EIR into the Specific Plan and would assure that they could not be amended except by a vote of the people. The remainder of the Specific Plan and the General Plan could be amended by the City Council in conformity with State Law. The language on the ballot would read: "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? A "yes" vote on the referendum would be a vote in favor of the General Plan Amendment and Specific Plan. A "no" vote on the referendum would be a vote against the General Plan Amendment and Specific Plan. Likewise, a "yes" vote on the proposed initiative measure would be a vote in favor of the General Plan Amendment and Specific Plan together with the twelve additional policies which provide specific guarantees and voter control. A "no" vote on the proposed initiative measure would be a vote against the General Plan Amendment and the Specific Plan and the guarantees and voter control. It is the opinion of the City Attorney that if the Council places the measure on the ballot and both the referendum and the initiative receive majority votes, a conflict will exist between the two measures. The Council sponsored initiative contains provisions which can only be amended by the people, whereas the General Plan and Specific Plan adopted by Resolution No. 88-92 could be amended by the Council. If the Council makes a finding that there is a conflict between the Council's measure and the referendum, the Council can declare that the measure receiving the higher number of votes shall control. The proposed resolution is not adopted by the Council at this time, but rather, would become effective only if the Council sponsored measure received a majority "yes" votes and more votes than the referendum if it also receives a majority vote. Several questions were asked at the September 14th City Council meeting related to "what if" scenarios. Staff has attempted to address each of these situations. AGENDA STATEMENT: Council Sponsored Initiative Page 3 If both the REFERENDUM and the INITIATIVE receive a majority vote, it is not clear whether the City will have two General Plan Amendments and two Specific Plans or which would control. The INITIATIVE is therefore drafted to include language declaring a conflict and providing that the one with the most votes controls. If the City Council does not declare a conflict, and both measures receive a majority vote in favor, there could be confusion regarding how the Specific Plan provisions can be amended. If the REFERENDUM receives a majority vote and the INITIATIVE does not, City Council Resolution 88-92 goes into effect and the General Plan Amendment and Specific Plan are adopted. If the REFERENDUM does not receive a majority vote, but the INITIATIVE does, the City has a General Plan Amendment and Specific Plan with additional policies that can only be amended by the voters. The City Council can still amend the General Plan Amendment. If neither the REFERENDUM nor the INITIATIVE receives a majority vote, there is no General Plan Amendment or Specific Plan for Western Dublin. The City Council may not adopt the same General Plan Amendment and Specific Plan for one year. The guarantees and the restrictions in the proposed initiative would become part of the Specific Plan. Because applications for development (e.g. , subdivision maps, planned unit developments) in the area would require Planning Commission approval, the Planning Commission would be required to make a finding that the proposed development was consistent with not only the General Plan, but also the Western Dublin Specific Plan. This would require an affirmative finding that the specific guarantees and restrictions added to the Specific Plan by the proposed initiative had been met. The Council may determine whether or not to allow rebuttals to ballot arguments. Ballot arguments must be allowed and are mandated by law, but the Council may determine whether or not to allow rebuttals. Resolution A would allow for rebuttals and Resolution B would not. Staff recommends that the City Council consider whether or not to place an initiative measure on the special election ballot. If the Council desires to proceed with the initiative, Staff recommends that the Council make the finding that there is a conflict between the Council's measure and the referendum, and adopt the appropriate Resolution. Elections Code Section 5016 sets forth the priority that the City Clerk must follow if more than one ballot argument for or against any City measure is submitted. This priority is listed as: a) The legislative body, or member or members of the legislative body authorized by that body; b) The individual voter or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; c) Bona fide association of citizens; and d) Individual voters who are eligible to vote on the measure. If the City Council desires to submit an argument for or against either measure, it would be appropriate for the Council to designate a member or members to write the argument which must be submitted to the City Clerk by 4 : 00 p.m. , on October 12, 1992 . MEYERS, NAVE, RIBACK & SILVER Michael R. Nave A Professional Law Corporation Steven R. Meyers Peninsula Office Elizabeth H. Silver Gateway laza Michael S. Riback y 1220 Howard Avenue, Suite 250 777 Davis Street, Suite 300 Burlingame, CA 940104211 Clifford F. Campbell San Leandro, CA 94577 g Michael F. Rodriquez Telephone: (415) 348-7130 Kathleen Rod n Telephone: (510) 351-4300 Facsimile: (415) 342-0886 Frederick S. Etheridge Facsimile: (510) 3514481 Wendy A. Roberts Sonoma County David W. Skinner Steven T. Mattas (707) 546-3126 Of counsel: MEMORANDUM Reply to: Andrea J. Saltzman San Leandro TO: City Council DATE: September 18, 1992 FROM: Elizabeth H. Silver, City Attorney RE: Western Dublin General Plan Amendment and Specific Plan Proposed Council-Sponsored Measure The purpose of this memorandum is to respond to questions raised at the Council meeting of September 14, 1992 , and to provide additional information to the Council regarding the proposed Council-sponsored measure which the Council will consider placing on the ballot at its September 28, 1992, meeting. Council-Sponsored Measures The City Council may place its own proposition on the ballot and call a special election for voting on the proposition pursuant to Elections Code section 4017 . Language of Referendum and City-Sponsored Measure If Resolution No. 88-92 is submitted by the Council to the electorate, the resolution shall not become effective until a majority of voters voting on the resolution vote in favor of it. (Elections Code § 4055. ) Similarly, if the Council places the proposed initiative measure on the ballot, it will not become effective unless it receives a _ majority vote in favor. (Elections Code § 4017 . ) TO: City Council FROM: Elizabeth H. Silver, City Attorney RE: Western Dublin General Plan Amendment and Specific Plan Proposed Council-Sponsored Measure DATE: September 18, 1992 PAGE: 2 Where Two Measures Conflict, One with Most Votes Prevails If the Council places the measure on the ballot and if the Council makes a finding that there is a conflict between the Council's measure and the referendum, the measure receiving the higher number of votes shall control. (Elections Code § 4016; see, Concerned Citizens v. City of Carlsbad (1988) 251 Cal.Rptr. 583 . ) 1 I believe that there is a conflict between the resolution subject to referendum and the Council-sponsored measure and that the Council can make the finding of conflict. The conflict arises from the fact that if Resolution No. 88-92, which is subject to the referendum, takes effect the general plan and specific plan can be amended by the Council at any time, subject to compliance with State law requirements whereas the Council-sponsored measure would enact a virtually identical general plan amendment and specific plan for the same area but with certain provisions that can only be changed by a vote of the electorate. If the Council does not find that the two measures conflict and if the referendum is not successful (i.e. , Resolution No. 88-92 goes into effect) and the Council-sponsored measure receives a majority vote in favor, the City will have two general plan amendments and two specific plans for the western Dublin area. It is not clear, in that case, whether policies in the Specific Plan which the Council-sponsored measure provides can only be amended by a vote of the people could, nonetheless, be amended by the Council. Procedural Requirements for Council-Sponsored Measure- Procedurally, to place a measure on the ballot, the Council must (1) prepare and approve the exact, language of the measure; and (2) lElections Code section 4016 provides that " [i] f the provisions of two or more ordinances adopted at the same election conflict, the ordinance receiving the highest number of affirmative votes shall control. " This section is applicable to referendum elections as well as initiative elections by virtue of Elections Code section 4057 . The California Constitution also provides (Art. II, § 11, subd. (b) ) that "If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail. " TO: City Council FROM: Elizabeth H. Silver, City Attorney RE: Western Dublin General Plan Amendment and Specific Plan Proposed Council-Sponsored Measure DATE: September 18, 1992 PAGE: 3 adopt a resolution calling a special municipal election to be held on a date within 88 to 103 days, submitting the measure to the electorate, establishing a schedule for preparation of ballot arguments and impartial analyses and requesting election services by the County Clerk. The proposed resolution is not adopted by the Council at this time, but would become effective only if the Council-sponsored measure received more votes than the referendum. There are no public hearing or notice requirements for placing Council-sponsored measures on the ballot. California Environmental Quality Act It is clear that the Council is not required to comply with CEQA prior to placing a citizen-sponsored initiative on the ballot. (Stein v. City of Santa Monica (1980) 168 Cal.Rptr. 39; 14 Cal.Code of Regs. § 15378 (b) (4) . ) However, it is as not clear whether the Council ' s action in placing a Council-sponsored measure on the ballot is likewise exempt from CEQA. There are no cases discussing this issue. While it could be argued that section 15378 (b) (4) of the CEQA regulations, which provides that a "project" does not include "the submittal of proposals to a vote of the people of the state or of a particular community, " does not include the Council 's action in placing an alternative measure on the ballot because section 15378 refers specifically to the Stein case, I believe that in this particular situation there is no need for further CEQA compliance because the Council-sponsored measure is part of the project for which an EIR has already been prepared and certified and because there is a strong argument that the submittal by the Council of a measure to the voters is not a "project" (see 15378 (b) (4,) of the CEQA regulations) . In conclusion, I do not believe that the Council must take any action pursuant to CEQA in order to place the proposed measure on the ballot. Legality of Enactment of General Plan Amendment and Specific Plan by Initiative Section 4017 authorizes the city council to submit a "proposition for the repeal, amendment, or enactment of any ordinance" to the voters without a petition. General plan amendments and specific TO: City Council FROM: Elizabeth H. Silver, City Attorney RE: Western Dublin General Plan Amendment and Specific Plan Proposed Council-Sponsored Measure DATE: September 18, 1992 PAGE: 4 plans, however, must be adopted by resolution. (Government Code § 65356. ) The Elections Code provides for referenda of ordinances. (§§ 4050 et sea. ) The courts have held, however, that resolutions approving general plan amendments are subject to referendum because the action taken is a legislative act. (Midway Orchards v. County of Butte (1990) 220 Cal.App. 3d 765, 269 Cal.Rptr. 796. ) Inasmuch as resolutions amending general plans are subject to the referendum would appear that a resolution can be proposed for enactment as an initiative if it deals with a legislative act. However, whether a general plan can be amended (or a specific plan adopted) by an initiative, has not been decided by the courts. In Lesher Communications v. Walnut Creek (1990) 52 Cal. 3d 531, 277 Cal.Rptr. 1, 4-5 (fn. 7) , the Supreme Court noted that it has never decided whether a general plan may be adopted or amended by initiative, although several "amici curiae" argued that, because compliance with the numerous substantive provisions of the Planning and Zoning Law can only be achieved by a legislative body, that that law preempts the local initiative power. The Court also noted that an initiative might impermissibly limit a legislative body' s ability to amend a General Plan. (Id. at 540, fn. 8 . ) Even if a court were to hold some day that general plans cannot be amended by the initiative, for either or both of the reasons articulated in Lesher, I believe that such a holding may not apply here, given the fact that the City has complied with all substantive and procedural requirements for amendment of the general plan and adoption of a specific plan. In addition, the courts give great deference to measures adopted through the initiative process. (Building Industry Association v. City of Camarillo ` (1986) 41 Cal. 3d 810, 821, 226 Cal.Rptr 81. ) Very truly yours, MEYERS, NAVE, RIBACK & SILVER Elizabeth H. Silver EHS:smn 114\memo\28\GPASP.EHS RESOLUTION NO. a 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING A SPECIAL ELECTION ON JANUARY 5, 1993 TO PLACE TWO MEASURES 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; AND AUTHORIZING CERTAIN PROCEDURAL MATTERS BE IT RESOLVED 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 herein. 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? 1 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 hereto. 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 results of 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 6. Ballot Arguments, Rebuttals and Impartial Analysis a) The City Council hereby establishes October 12, 1992 at 4 : 00 p.m. , 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. 2 b) The City Council hereby establishes October 22 , 1992 at 4 : 00 p.m. , 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. - 92 (calling for a special election related to referendum measure only) in its entirety. PASSED, APPROVED AND ADOPTED this 28th day of September, 1992, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk KZ/A/RESO-I-A (Rebuttals Allowed) 3 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 the cost of service for residents of existing Dublin and does not make the 4\reso1\28\preservation.ehs 1 September 23, 1992 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 r 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 4\reso1\28\preservation.ehs 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-hand 5-2 of the 4\reso1\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\reso1\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 I-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\reso1\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 4\reso1\28\preservation.ehs 6 September 23, 1992 of existing Dublin) are in place. Policy l0-1 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\reso1\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 Quality. No construction or development shall take place unless: (a) All fireplaces and woo4 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 4\reso1\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 S. 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\reso1\28\preservatioa.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 majority of 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\reso1\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 . MAYOR ATTEST: CITY CLERK 4\reso1\28\preservation.ehs 12 September 23, 1992 RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING A SPECIAL ELECTION ON JANUARY 5, 1993 TO PLACE TWO MEASURES 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; AND AUTHORIZING CERTAIN PROCEDURAL MATTERS BE IT RESOLVED 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 herein. 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? 1 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 hereto. 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 results of 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 6. Ballot Arguments. Rebuttals and Impartial Analysis a) The City Council hereby establishes October 12 , 1992 at 4 : 00 p.m. , 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. 2 b) In accordance with Elections Code Sections 4015.5 (b) and 5014 .5 (b) , rebuttal arguments shall not be accepted for measures submitted to the voters at this special election. 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. - 92 (calling for a special election related to referendum measure only) in its entirety. PASSED, APPROVED AND ADOPTED this 28th day of September, 1992, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk KZ/A/RESO-I-NO (Rebuttals Not Allowed) 3 i RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING A SPECIAL ELECTION ON JANUARY 5, 1993 TO PLACE TWO MEASURES 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. -92 IN ITS ENTIRETY BE IT RESOLVED 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 herein. 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 hereto. �- '�i r- o-+ f 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 results of 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 6. Ballot Arguments, Rebuttals and Impartial Analysis a) The City Council hereby establishes October 12, 1992 at 4: 00 p.m. , 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 p.m. , 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 2 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. - 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: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk K2/A/RESO-I-A (Rebuttals Allowed) 3 RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING A SPECIAL ELECTION ON JANUARY 5, 1993 TO PLACE TWO MEASURES 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. -92 IN ITS ENTIRETY BE IT RESOLVED 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 herein. 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 hereto. S - / 1 t,5,ed 5 . 4 - 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 results of 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 6. Ballot Arguments, Rebuttals and Impartial Analysis a) The City Council hereby establishes October 12, 1992 at 4: 00 p.m. , 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) In accordance with Elections Code Sections 4015.5 (b) and 5014. 5 (b) , rebuttal arguments shall not be accepted for measures submitted to the voters at this special election. 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. 2 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. - 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: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk KZ/A/RESO-I-NO (Rebuttals Not Allowed) 3