Town-initiated ballot measure discussiontowx of
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DATE:
TO:
FROM:
MEETING DATE: 02/18/14
ITEM NO: 9
COUNCIL AGENDA REPORT
FEBRUARY 13, 2014
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
SUBJECT: DISCUSSION AND DIRECTION REGARDING A TOWN - INITIATED BALLOT
MEASURE PERTAINING TO DEVELOPMENT AT ALBRIGHT WAY
RECOMMENDATION:
Discussion and direction regarding a Town - initiated ballot measure pertaining to development at
Albright Way.
BACKGROUND:
On Feb. 3, 2014, the Town Council considered and acted upon an initiative ballot measure pertaining to
development at Albright Way. At that meeting, the Town Council certified that sufficient signatures had
been collected to require either adopting the measure by Council vote or to place the ballot measure on
the upcoming June 3 ballot. In addition, the Council directed staff to prepare a report subject to
Elections Code Section 9212 for Council consideration on March 3.
DISCUSSION:
The Mayor on behalf of one or two Council members contacted Town staff Thursday afternoon to
request that this item be placed on the agenda for the regular Town Council meeting next Tuesday, Feb.
18, 2014.
The Town Attorney has released the attached memorandum (Attachment 1) outlining the Town's
discretion regarding a Town - initiated ballot measure.
PREPARED BY: Greg Larson, Town Manager :�
Reviewed by:
Town Manager
Attorney Finance
NAMGRWdminWo kFi m\2014 Council Reports\2- 18- 14.To"BallotM=a e.Albright.doc
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MAYOR AND TOWN COUNCIL
SUBJECT:
February 13, 2014
ENVIRONMENTAL ASSESSMENT:
Any measure placed on the public ballot by the Town may require some level of environmental review,
as required by State law.
FISCAL IMPACT:
Adding a measure to the ballot will incur additional elections costs for the Town. In addition, staff time
to research, prepare and/or review a potential ballot measure will require delays to other projects and
work items.
Attachments:
1. Office of the Town Attorney Memorandum dated February 12, 2014
MEMORANDUM
Office of the Town Attorney
At the Town Council meetings on February 3 and February 10, 2014 questions were raised about
the Initiative Power and the ability of the Town Council to submit to the voters a Ballot Measure
related to the Albright Way project. This Memorandum addresses the issues raised.
In regard to the initiative power, the California Constitution states that the initiative is not a right
granted to the people but a power reserved by them. As a result of the initiative power reserved
by the people, the courts have repeatedly invoked a duty to "jealously guard" the initiative and to
construe this power liberally in favor of its use. As is the case with the Albright Way Initiative,
courts have consistently ruled that adoptions or amendments of general plans, specific plans and
zoning ordinances are legislative acts subject to the initiative power.
In regard to the Town Council's ability to submit its own ballot measure, Election Code 9222
specifically allows the Town Council to submit to the voters, without a petition, "a proposition
for the repeal, amendment, or enactment of any ordinance." Election Code 9222 does not
contain a provision that allows for the "reaffirmation" of an existing ordinance. Moreover, the
California Constitution limits the initiative power only to "propose statutes." Since the Town
Council has already approved the Albright Way project by adopting Ordinance 2216, it is no
longer a proposition as described in Elections Code 9222 and the California Constitution.
Therefore, the Town does not have the ability to submit to the voters Ordinance 2216.
The deadline for the Town Council to submit to the voters a ballot measure other than Ordinance
2216 is March 7, 2014. If the Town Council decided to submit a ballot measure related to the
Albright Way development project it must comply with state law requirements related to public
noticing, elections and California Environmental Quality Act (CEQA). More specifically, it is
well settled law that while a Town Council's action of placing a citizen- sponsored measure on
the ballot is exempt from CEQA, a Town Council's decision to place its own initiative on the
ballot is not. Based upon the public noticing requirements, elections laws and CEQA, the Town
Council does not have enough time to submit a ballot measure by March 7, 2014.
Date: February 12, 2014 cl
Robert Schultz, Tow ttomey
Town of Los Ga
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