Addendum - Albright Way Initiativelow" nF MEETING DATE: 02 /03/14
ITEM NO. 10
ADDENDUM
COUNCIL AGENDA REPORT
DATE: January 31, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER ✓
f 7
SUBJECT: ALBRIGHT WAY INITIATIVE
A. ACCEPT ELECTION OFFICIAL'S CERTIFICATION OF THE
SUFFICIENCY OF THE ALBRIGHT WAY PETITION
B. ADOPT RESOLUTION CALLING A SPECIAL ELECTION;
REQUESTING THE COUNTY BOARD OF SUPERVISORS TO
CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION
WITH THE JUNE 3, 2014 STATEWIDE DIRECT PRIMARY
ELECTION; AND DIRECTING THE TOWN ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS
C. DIRECT STAFF TO PREPARE THE REQUIRED BUDGET
ADJUSTMENT AS PART OF THE MID -YEAR BUDGET
REVIEW
REMARKS:
After the staff report was prepared for this agenda item, additional correspondence was received
for this agenda item (Attachment 5).
Attachments 1 -3 (previouslvreceived):
1. Certification of the petition
2. Resolution calling the election
3. Frequently Asked Questions on the Local Initiative Process
4. Public Comments received through 12:00 p.m. Thursday, January 30, 2014
Attachment Received with this Addendum:
5. Public comments received from 12:01 p.m. Thursday, January 30, 2014, through 2:00 p.m.
Friday, January 31, 2014
PREPARED BY: Pamela Jacobs, Assistant Town Manager
Robert Schultz, Town Attorney
Reviewed by: Assistant Town Manager _�lfown Attorney Finance
NAMGRWdm WorkFile \2014 Council Reports\2 -3 -14 Albright.Initiative.Addend=.doc
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Subject: Albright Way Ballot Measure - Please Use Your Authority under Election Code Section
9212 to order a report
Importance: High
From: <fcrrltolawC&rn ndsnring.com>
Date: January 30, 2014, 2:00:46 PM PST
To: Barbara Spector <barbara41g(Zdcomcast.net >, Barbara Spector <bspector(alos atg osca.gov >, Steve
Leonardis <steve(a)blvdfinancial.com >, "Steve Leonardis" < Leonardis a losgatosca.gov >, Marcia Jensen
<marcia.iensen(a'),gmail.com >, Marcia Jensen <miensen(closgatosca.gov>
Subject: Albright Way Ballot Measure - Please Use Your Authority under Election Code Section 9212 to
order a report
Barbara, Steve and Marcia
Come this May Pauline and I will celebrate our 45th. year as Los Gatos residents. As you know, ever since
moving to Town we have consistently supported the schools, the Art Docents, the Library, the
Museums, and other organizations in Town, as well as having committed a great amount of time and
energy to the civic and political affairs of the Town.
Unfortunately, the Albright Way developer now seeks to trick the voters of our community into
approving an initiative which will not only drastically alter the small town character of our Town for
which we have all worked and fought, but will alter the very democratic nature of our Town government
and will likely significantly diminish the interest and involvement of our citizens in Town politics. If
passed, this initiative will not only allow the developer a significantly larger and different development
than the Albright Way PD which you have already approved, it's mechanism for controlling the decision
making will be in force for seven years, without normal oversight by the Planning Commission or the
Town Council.
I am petitioning you to on Monday night use your authority granted under Election Code Section 9212 to
order a report concerning the effect of the initiative on the consistency between planning and zoning
and any other matters you deem relevant to the future land use issues of the Town.
I believe that one of those other matters is the effect of surrendering the authority which you and the
Planning Commission have over land use decisions, which for the past forty years has consistently been
the most significant issue affecting the residents of Los Gatos. Our land use policies and goals have been
developed with great care after an enormous amount of input, debate and work by citizen volunteers,
planning staff, planning commissioners and Town council members.
However, the initiative provides that the authority over land use decisions would be transferred from
you, our elected representatives, to unelected Community Development Director.
This person would technically be employed by the Town Manager, and would not be subject to being
replaced for abuse of power, unless you were able to convince the Town Manager to terminate that
person or you replaced the Town Manager, usually considered a drastic move given other
considerations. A new person will soon fill the role of the Community Development Director, and will
perhaps not even be familiar with, or supportive of, our carefully developed land use policies and goals
and the land use planning efforts of those previously mentioned.
ATTACHMENT 5
I also suggest an investigation be undertaken to determine the effects of similar ballot measures, if any,
which wrestle land use decisions from elected officials and placed them in the hands of non - elected
officials. Have such a drastic change in government decision making been harmful to other
municipalities? Are there greater risks of errant land use decisions? When these kinds of measures are
passed, do the developers remain good stewards of the land, or do they sell their entitlement rights for
large profits?
Consider the impact of having an unelected official, instead of the Planning Commission and Town
Council, make land use decisions for the Town. What motivation would people have to volunteer for
study committees or to provide input regarding various proposed planning alternatives? What
motivation would people have to serve on the Planning Commission? What motivation would there be
for people to run for election to serve on the Town Council? What motivation would voters even have to
participate in Town Council elections, if our elected officials have no land use authority? These and
other issues should be studied and a report made regarding them. If you chose to order a report, it will
enable the voters to evaluate the merit, or lack of merit, of the initiative, for which I am certain they
would be very appreciative.
Sincerely,
Tom
THOMAS J. FERRITO
Attorney at Law
101 Church Street, Suite 14
Los Gatos, CA. 95030
(408)354 -6655
ferritolaw(@rnindspring.com
Subject: FW: Albright Way Ballot Measure
From: Greg Snow <Gree @snowbittleston.com>
Date: January 30, 2014, 5:17:26 PM PST
To: "sleonardis @los¢atosca.gov" <sleonardis @losgatosca.gov>
Subject: Albright Way Ballot Measure
Honorable Mayor Leonardis,
Thank you for your past and present efforts to allow Los Gatos to grow without most of the
growing pains endured by other fast - growth communities. I believe that all five members of
the Town Council have the town and their citizens best interests at heart. I also understand
that sometimes there is disagreement on what those best interest are.
My concerns over the proposed initiative concerning the Albright Way project that seems to be
headed for the June ballot is multi -fold, but let me boil it down to the most aggrieves ones: I
am opposed to a shift away from the planning department and elected Town Council, the
authority and duty to interpret, determine and render land use and planning decisions for this
project to a single individual who will not be required to seek advice and counsel from any
other individual or body of informed and experienced Los Gatos town officials. Even just a hint
of an opportunity for undue influence, misrepresentation or misunderstanding to affect a
permanent structure that more than pushes the envelope of prior Town planning seems to me
a risk that the Town can ill afford. Without recourse by the courts, your Council, legal opinion
or even public opinion to steer the course of this project, again, seems reckless and dangerous
as a precedence. I also understand that this individual will be newly hired (appointed) and may
not have all of the experience needed to be solely responsible for the decisions that he or she
must make for such an important project.
I don't believe that the average voter understands the implications and the abdication of
authority embedded in the initiative. Very few, if any, will read the 300+ page document and
be able to interpret its true effect. That in itself seems misleading. On the subject of
misleading, most of the petition signers were only told that this measure was intended to keep
Netflix in town and that without it, they would leave and that the schools would lose large sums
of monies needed to continue the level of funding currently in place.
I came out of Walgreen's Drug Store during the petition process and was grabbed by the arm by
a woman who was a Los Gatos resident and she said "you have to sign this to keep Netflix in
town." She had just had a session with the signature gatherer and that is what she got out of
it. I tried to explain that was not the case, but she believed the pollster over me. This was my
experience, not hearsay from someone else and I am willing to testify to this under oath.
I hope that the Town Council has some trepidation about this ballot measure and what it means
for the future of our town and the planning process and feels a little "hijacked" or threatened
by what big money is capable of doing that has unintended consequence for our citizens. I
hope that at the very least they will call for a report on the measure that will identify the prime
points, and differences between what was approved by Town Council and what will be allowed
if this ballot measure passes. That report could be a helpful tool for voters to decide, from an
informed position, how they wish to vote on this measure. It may also give the Town Council a
clear mandate to support or oppose this measure. In my opinion, it would be irresponsible to
do neither.
Greg Snow, town resident 106 Charter Oaks Drive, Los Gatos and Los Gatos business owner
Gregory W. Snow, CPA
Snow Bittleston & Company CPA's, LLP
250 North Santa Cruz Avenue
Los Gatos, CA 95030
Phone 408 - 354 -8500
Fax 408 - 354 -3081
I am required by IRS Circular 230 to inform you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and enclosures, is not intended or written
to be used, and may not be used, for the purpose of (i) avoiding tax - related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party any tax - related matters
addressed herein.
From: Cecil Anison <ceci1.anison4 @gmail.com>
Sent: Thursday, January 30, 2014 10:49 PM
To: Council
Subject: Albright Initiative
Dear Los Gatos Town Council Members:
If passed, the ballot initiative will prevent you, our elected officials, from carrying out your defined
responsibilities. It is important to have a transparent democratic process in governing our Town?
If the Initiative passes, the decision making that belongs to the Planning Commission and the Town Council will
be taken away and given to a non - elected employee, the Community Development Director. Will there be
opportunity for the public to give input for decisions? Where is the transparency?
Is passing the Albright initiative setting a precedent for future developers to circumvent our Town's
democratic process and........ what kind of a model will Los Gatos be for other communities?
Please initiate an investigation and report for this potential ballot measure.
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