26,577 / 89.5% Yes votes ...... 3,134 / 10.5% No votes

See Also: Index of all Measures

Distinction between Phase I and Phase II land use plans When the Specific Plan was adopted, it was believed that certain of the city owned land, e.g., the 30 to 50 acre community park in the northeast corner of the site, the fire station site, and the five acre neighborhood park on the west side, would be developed before the remainder. Accordingly, the Specific Plan provides for a Phase I land use plan (that includes the 30 to 50 acre community park site, the fire station, and the five acre neighborhood park site) and for a Phase II land use plan that covers the remainder of the city owned land. This distinction is important for purposes of this initiative because the Specific Plan also provides that the Phase II land use plan (but not the Phase I land use plan) shall be approved by the voters before it is implemented. Moreover, earlier this year, a citizens' initiative to lock in the location of the Phase I community park in the northeast corner of the site was adopted by the City Council. (That initiative directs that a master plan for the community park be adopted and those efforts should be underway shortly.) The Phase II land use plan (to be approved by the voters) is also being developed but there is no set time frame when it will be completed.

What this initiative will do Although the Specific Plan states that the Phase II land use plan is to be approved by the voters before implemented, that could be changed by a City Council, following public hearings before the Planning Commission and the Council itself. This initiative, if adopted, eliminates the possibility of a City Council, in the future, deciding not to submit the Phase II land use plan to a vote of the people and ensures that the voters will have the final say in the Phase II land use plan. Also, this initiative, if adopted, could only be changed by a further vote of the people. Dated: August 16, 2004

s/MICHAEL H. ROUSH City Attorney, City of Pleasanton

Tri Valley Herald: Bernal measure mainly a formality 10/24/04

Valley Times:
Bernal approval on ballot http://www.contracostatimes.com/mld/cctimes/news/politics/elections/9985502.htm 10/25/04

Passage of Measure X, "The Bernal Property Right to Vote Initiative", takes away the possibility that a future City Council majority could amend the Bernal Property Specific Plan to eliminate the provision that calls for voter approval.

We urge you to vote "yes" on Measure X.

s/TOM PICO

s/KAY AYALA

s/MATTHEW CAMPBELL

s/JENNIFER HOSTERMAN

The People of the City of Pleasanton do hereby ordain as follows:

Section 1. Declaration of Purpose. The purpose of this measure is to:

A. Further public participation in the identifi- cation and location of community facilities to be developed on the Phase II land within the Bernal Property.

B. Ensure that the Phase II land use plan on the Bernal Property is approved by the voters before implementation.

C. Reaffirm and readopt Guideline 1.3 of Land Use Policy 1 under the Bernal Property Specific Plan.

Section 2. Findings.

A. The Bernal Property Specific Plan sets forth a comphensive land use policy (Policy 1) concerning community facilities. Guideline 1.3 of Policy 1 states that the City is to undertake a comprehensive public participation process to identify and locate community facilities to be developed within the Phase II area on the Bernal Property. That same Guideline also provides that land uses and activities to be included in the community facilities land use plan shall be for the community to decide and the land use plan for Phase II shall be subject to approval by the electorate before implementation. This Guideline was included so that the community would know what facilities would be developed on the site and would determine whether it agreed that those facilities were the best ones for Pleasanton.

B. Guideline 1.3 of Land Use Policy 1 of the Bernal Property Specific Plan, adopted August 21, 2000, expressly provides as follows: Guideline 1.3 Undertake a comprehensive public participation process to identify and locate community facilities to be developed within the Phase II area of the site.

In determining community facilities, the City should be guided by the Public Facilities Element of the General Plan, the Facilities Master Plan, and the recommendation of the San Francisco Bernal Property Task Force.

Land uses and activities to be included in the community facilities land use plan shall be the community to decide, and the Phase II land use plan shall be subject to approval by the electorate before implementation.

C. The City's General Plan has a policy that Pleasanton residents will participate in land use planning and decision making. Consistent with that policy and to ensure that Pleasanton residents have a voice in the land use plan for the City-owned land on the Bernal Property, the voters must approve an amendment to the Bernal Property Specific Plan as provided in this measure.

Section 3. Bernal Property Specific Plan Amendment Regarding the Public's Vote on the Land Use Plan.

The Bernal Property Right To Vote Initiative hereby reaffirms and readopts Guideline 1.3 of Comprehensive Land Use Policy 1 (Community Facilities) of the Bernal Property Specific Plan adopted August 21, 2000 as set forth in Section 2.B. of this Initiative.

Section 4. Implementation

Upon the effective date of this initiative, the City, and its departments, boards, commissions, officers and employees, shall not grant, or by inaction allow to be approved by operation of law, any Bernal Property Specific Plan amendment, rezoning, subdivision map, conditional use permit, building permit or any other discretionary entitlement which is inconsistent with this Initiative.

Section 5. Severability If any portion of this Initiative is hereafter declared invalid by a court of competent jurisdiction, all remaining portions are to be considered valid and shall remain in full force and effect.

Section 6. Amendment or Repeal This Initative may be amended or repealed only by the voters of the City of Pleasanton at a City election.