Presentation - Albright Ballot Measure.pptx
Albright Ballot Measure
Los Gatos Town Council
Feb. 3, 2014
Small Town Service ~ Community Stewardship ~ Future Focus
BACKGROUND
State law protects citizen initiatives
•
Voters have same authority as Council
•
Albright first approved in August 2011
•
Successful legal challenge required EIR
–
Prior approval rescinded
–
Modified Albright approved in June 2013
•
Legal challenges unsuccessful; appeals pending
–
Approved project proceeding
–
Small Town Service ~ Community Stewardship ~ Future Focus
PETITION
Ballot Title and Summary prepared by Attorney
•
4,113 petition signatures submitted
•
Registrar of Voters verified 3,020 signatures
–
Exceeds required 15% of registered voters
–
Complaints referred to District Attorney
•
No further action by District Attorney
–
Small Town Service ~ Community Stewardship ~ Future Focus
COUNCIL ACTION
By State law, Council must choose between:
•
Placing initiative on June 3 ballot
–
Adopting initiative as is
–
Ordering a “report” before choosing option above
–
Other Council discretion includes:
•
Order “impartial analysis” by Town Attorney
–
Authorizing a ballot argument for or against
–
Approving a ballot argument for or against*
–
Taking a position on the ballot measure*
–
Small Town Service ~ Community Stewardship ~ Future Focus
§9212 REPORT
May consider any or all of the following:
•
Fiscal analysis and costs
–
Land use (housing, employment, open space, etc)
–
Impacts (traffic, schools, existing businesses)
–
Other subjects as determined by Council
–
Council to establish scope of study
•
To be completed by March 3 Council meeting
•
Will supplant other work and priorities
•
Small Town Service ~ Community Stewardship ~ Future Focus
BALLOT ARGUMENTS
300 word StatementsFor/Against due 3/11
•
250 word RebuttalsFor/Against due 3/18
Order of selection specified by State law
Council may authorize argument submission
•
Only 1 or 2 Council members may write
–
Any Council member may sign, but may not edit
–
Public notice required for full Council action
•
Subsequent individual action allowed
•
Small Town Service ~ Community Stewardship ~ Future Focus
BUDGET ACTIONS
No funds for elections budgeted this year
•
Projected Costs:
•
$12,000 for signature verification
–
Up to $20,000 for§9212 Report
–
$100,000 for election itself with 7 page initiative
–
$1.8 million for election with 300 pages of exhibits
–
Budget action part of Mid-Year Budget Review
•
Small Town Service ~ Community Stewardship ~ Future Focus
FREQUENTLY ASKED QUESTIONS
FAQ posted regarding initiative process
•
Additional questions being considered:
•
Current and Proposed projectdifferences
–
Current and Proposed processdifferences
–
All answers must be fact-based, not speculative
•
No Town resources or staff time may be used
•
for or against any ballot measure
Small Town Service ~ Community Stewardship ~ Future Focus
RECOMMENDATIONS
1. Approve petition certification
2A. Place initiative on June Ballot
Order “impartial analysis” by Town Attorney
•
Authorize ballot argument(s) if so desired
•
2B. Order “report” for March 3 Council
Specify scope of report
•
On March 3 adopt measure or place on ballot
•
3. Refer budget action to Mid-Year Review
Small Town Service ~ Community Stewardship ~ Future Focus