3-3-14 Albright Ballot MeasureAlbright Ballot Measure
Los Gatos Town Council
March 3, 2014
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BACKGROUND
Albright approved August 2011; Rescinded
Modified Albright approved June 2013
Legal challenges denied; Appeals pending
Ballot measure petitions circulated, submitted
Feb. 3 Town Council Meeting:
Certified sufficient signatures submitted
Heard settlement offers
Directed § 9212 Report
Established Ad Hoc Committee for Town Measure
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§9212 REPORT
Priority work to be completed by March 3
Council specified issues and questions
Proposals solicited from 3 Bay Area firms
Selected LSA based on:
Land use experience and prior §9212 work
Staff capacity and References
Independence – No prior Los Gatos engagements
No 3rd party contacts except re: Netflix lease
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Summary of Elections Code Section 9212 Report
Albright Specific Plan Initiative
March 3, 2014
LSA Associates, Inc., Berkeley
Judith Malamut, AICP, Principal
Adam Weinstein, AICP, Associate
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Agenda
Report objective
Research approach
Project similarities
Project differences
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Report Objective
Provide a fair, impartial, and factual analysis of the planning policy, fiscal, infrastructure, land use, and other implications of the Albright Specific Plan Initiative, including:
Detailed, side-by-side comparison of 2013 Project and Albright Specific Plan Project
Answers to questions raised by Town Council on February 3, 2014
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Research Approach
Understand all elements of previously-approved (June 2013) Project, as modified by Town Council (including PD overlay, Architecture and Site Plans, Conditions of Approval, and Final
EIR)
Identify physical development and procedural elements of the Initiative (including ballot measure and Specific Plan)
What is net difference -- in terms of physical development, fees, and planning procedures?
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2013 Project
Specific Plan
Project
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Physical Features
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Fees
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Entitlements/Approvals
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Questions
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Settlement Agreement
Agreed to by litigation Plaintiffs and Defendants
Key Terms:
Specific Plan conformance to 2013 Council approval
Elevated walkways/bridges to go through A&S
Payment of legal and election costs
Payment of additional $350 k for nearby enhancements
All lawsuits and pending appeals dismissed
Limited non-opposition to approved project
No Town-sponsored ballot measure
Clarification letter issued by all counsels today
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Town-Initiated Ballot Measure
Ad Hoc Committee (Leonardis and Spector)
Met twice with Town Attorney and Town Manager
Impossible to place 2013 Approval on ballot
Considered amending Petition Ballot Measure
Require approval of elevated walkways/bridges
Ensure no freeway visible signage
Confirm established administrative review process
Remove cap on Community Benefit fees
Any Town ballot measure subject to legal risks
Settlement precludes Town ballot measure now
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BALLOT ARGUMENTS & POSITIONS
300 word Statements For/Against due 3/11
250 word Rebuttals For/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
Council may take position on ballot measures
Settlement precludes Town opposition
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RECOMMENDATIONS
Accept 9212 Report
Adopt resolution calling Special Election
Approve Settlement Agreement
ALTERNATIVES:
Reject proposed Settlement Agreement
Direct preparation of Town ballot measure
Consider ballot arguments and Town positions
Call Special Meeting to consider on March 5
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