SR 05:021 - Laserfiche WebLink

DISCUSSION Measure D was approved Countywide by a vote of 56% in favor, 44% opposed; in Pleasanton, roughly 52.5% of the voters favored Measure D. To that end, after Measure D was approved, its validity was challenged by property owners/developers in the North Livermore area. In defense of the Measure, Pleasanton joined with a number of other Alameda County cities in filing an amicus curiae (friend of the court) brief. (The appellate court upheld the validity of the Measure.) Accordingly, there is Council precedent for participating in litigation where the interpretation of Measure D is contested. More fundamentally, the appellate court's interpretation of Measure D's provisions is narrow and appears to run contrary to the intent of the voters. SOS has argued that because Measure D provides that no new quarry may be approved outside the UGB without voter approval, the appellate court's conclusion that this quarry was approved when the County approved the surface mining permit in the 1990's is questionable, especially in light that the initiative itself provides that this particular quarry should not be established. In addition, the appellate court's reading of the Measure that "other approvals and permits" (that had to be received prior to the effective date of the Measure) mean only County approvals and permits also strikes SOS as an unreasonably narrow interpretation of the Measure. If Council authorizes Pleasanton to submit a letter to the Supreme Court, we would ask the Court to grant review in order to achieve the underlying reason behind the Measure--to prohibit new development, especially new quarrying and other industrial operations--outside the urban growth boundaries without a vote of the people. Pleasanton residents have an interest in having the Measure so interpreted as to do otherwise would allow this quarrying operation to proceed, contrary to what is in the Measure, for which a majority of Pleasanton residents voted in the affirmative. Pleasanton residents also have an interest in assisting the residents of Sunol, just south of Pleasanton, in preserving their quiet, rustic, rural lifestyle, a lifestyle that will be seriously challenged if this quarrying operation is allowed to proceed as planned. This project would introduce into this area a large conveyor belt that would run underneath an existing bridge, as well as the noise and dust associated with the crushing, washing, and sifting of soil and gravel. More than 27 million tons of aggregate would be removed from the site over the 40-year life of the quarry. SR:05:021 Page 3