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tos` GAjas COUNCIL AGENDA REPORT
DATE: JUNE 11, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 6/15109
ITEM NO: 25
SUBJECT: PROPOSED BALLOT MEASURES IMPOSING LIMITS ON CAPITAL
EXPENDITURES AND TERMS OF OFFICE
A. DIRECT STAFF REGARDING PREPARATION AND DISTRIBUTION OF
INFORMATIONAL MATERLkLS; AND,
B. ADOPT RESOLUTION OPPOSING THE PROPOSED BALLOT
MEASURE(S)
RECOMMENDATION:
1. Review the attached fact sheet, on the proposed ballot measures currently in circulation and provide
direction regarding the dissemination of this information; and
2. Direct staff to conduct the research necessary to provide additional public information on the
impacts of one or both potential measures should they appear on a future ballot before the registered
voters of Los Gatos; and
3. Adopt the draft resolution attached stating an official Town position on one or both proposed ballot
measures currently in circulation.
BACKGROUND:
Two proposed ballot measures have been filed with the Office of the Town Clerk and are currently
being circulated by petition to obtain the 1,871 valid signatures required to place them on an election
ballot. The first imposes limitations on the expenditure of public funds for capital facilities and projects
and the second imposes term limits on Council Members. If sufficient valid signatures are submitted for
PREPARED BY: GREG LARSON
Town Manager
GL:pg
NAIMGR\AdminWorkFiles12009 Council Repoits%-15-09 Proposed Ballot Measures.doe
n
Reviewed by:
Clerk Administrator
Town Manager Town Attorney
-Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ACTIONS RELATED TO BALLOT MEASURES IN CIRCULATION
June 11, 2009
either or both measures by the end of June, then the measure(s) may appear on the November ballot.
Otherwise, sufficient valid signatures would have to be submitted by mid-August to appear on the June,
2010 ballot, or earlier if so determined by the Council. Note that if 2,807 or more valid signatures are
submitted, than a special election may have to be called.
Numerous concerns and complaints have been raised by opponents and proponents of the proposed
ballot measures privately, publicly and through the media. Consequently, staff has been asked to
provide factual information regarding the ballot measures and their potential impact on the Town.
DISCUSSION:
Attached is a fact sheet that has been prepared based on the limited information currently available.
Further research will be required for a more thorough analysis of the proposed measures if the
proponents obtain the number of valid signatures needed to place the measures on an upcoming voter
ballot. The Council may review and modify the fact sheets and provide direction to staff on their
dissemination.
Also attached is a dram resolution for Council consideration to take an official Town position against
one or both potential ballot measures. This is the only official Town action permissible in support or
opposition to any specific ballot measure. Otherwise, the Town's involvement is limited to providing
information and analysis regarding the impacts of the potential measures on the Town.
Last, questions have been raised about inappropriate campaign behavior. Any claims of misleading or
illegal behavior related to the potential ballot measures should be reported to the Police Department
which will refer the matters to the District Attorney for review, investigation and prosecution, if
warranted. Anyone who wants to remove their name from a signed petition must contact the Town
Clerk's Office to do so in writing prior to the submission of that petition.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT: None.
Attachments:
1. Proposed Ballot Measures Fact Sheet
2. Resolution stating an official Town position on one or both proposed ballot measures
FACT SHEET
Los Gatos Capital Financing Ballot Measure
The only project in the Town's Adopted Five Year Capital Improvement Program
which might be impacted by this measure is the new Town Library.
2. Town staff does not know of any other municipality in California that would have a
similar restriction on all proposed capital projects over a fixed dollar amount.
3. Potential delays to the new Town Library project caused by this measure going to the
ballot could be up to 12 months. A delay in construction could increase the total cost
of the Library project. A I% increase in construction costs would amount to over
$100 k.
4. If the financing of the library is extended beyond 2011, Town Redevelopment
Agency net revenue would be reduced by approximately $50 k per year and the
financing for the Library project would be reduced by approximately $600 k.
Los Gatos Term Limits Ballot Measure
5. Of the 45 Town Council members serving since adoption of the Town's current form
of government in 1953:
a. 23 have served all or part of one term (51.1
b. 11 have served all or part of two terms (24.4
c. 10 have served all or part of three terms (22.2
d. Only 1 has served 4 terms (2.2
6. 11 Council members would have been restricted by this ballot measure
34 Council members would not have been restricted by this ballot measure
7. In 2002, a report issued by the Public Policy Institute of California estimated that less
than 1 out of 5 California cities have Council teen limits.
Election Costs (based on estimates from the Registrar of Voters)
S. Total election costs for the two ballot measures and a Library project approval
measure, if required, could be as much as $172,000 (or more if a special election).
The actual costs will vary based on the number of ballot measures, the timing of the
election(s) and pro-rated printing costs.
9. The election costs for these possible ballot measures are not included in the Town's
adopted budget and would require a reallocation of Town resources or the use of
designated reserves.
ATTACHMENT 1
No text
RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
OPPOSING PROPOSED BALLOT MEASURES IMPOSING LIMITS ON
CAPITAL EXPENDITURES AND COUNCIL TERMS OF OFFICE
WHEREAS, a proposed ballot measure to impose limits on Town capital projects has
been submitted and is in circulation for the number of signatures required to place it on an
upcoming ballot; and
WHEREAS, another proposed ballot measure to impose limits on the terms of office for
elected Council members has been submitted and is in circulation for the number of valid
signatures required to place it on an upcoming ballot; and
WHEREAS, the Town Council has considered the facts and impacts of the proposed
ballot measure(s);
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS that we hereby express strong opposition to the proposed ballot
measure(s); and
RESOLVED FURTHER, that we authorize the opponents of the proposed ballot
measure(s) to list the Town of Los Gatos as an official opponent of the proposed ballot
measure(s).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of the
Town of Los Gatos, California, held on the
following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
day of , 2009 by the
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NAMGR\AdminWorkFiles12009 Council Repoitsl6-15-09 Ballot Measure Resolution.doc
ATTACHMENT 2