League of Women Voters of California Education Fund
	Santa Clara County, CA June 3, 2014 Election
	Measure A Los Gatos Economic Development and Jobs Retention Initiative Town of Los Gatos Initiative - Majority Approval Required Pass: 4652 / 72.72% Yes votes ...... 1745 / 27.28% No votes See Also: Index of all Measures

Arguments For Measure A

Passage of Measure A will once and for all allow for the expansion of the Netflix headquarters in Los Gatos. Independent analysis shows that the Netflix headquarters expansion will: Create jobs in Los Gatos and improve the local economy Generate over $1 million in annual property tax revenue for Los Gatos schools Produce over $223,000 in annual tax revenue for Town services such as police, fire, traffic improvements, libraries and parks Bring approximately $835,000 in community benefit funds Generate additional development fees for the Los Gatos school districts Measure A was placed on the ballot as a result of an unprecedented outpouring of community support which resulted in more than 4,000 signatures on the initiative petitions in less than 4 weeks. The purpose of Measure A is to bring an end to the lawsuits (including preventing future lawsuits), which only serve to delay the completion of the Netflix headquarters expansion, and give the community the opportunity to vote on this important project. Following qualification of the initiative, the Town Council requested an independent review to determine if any substantial differences existed between the project that was approved by the Town Council in June of 2013 and the "Albright Specific Plan" project which is proposed by the initiative. The independent review concluded that "the physical aspects of the Specific Plan would be similar to the 2013 Project" and "key differences . . . are primarily procedural." At the March 3, 2014 Town Council meeting, the individuals responsible for the lawsuits joined with Town leaders and the developers of the Netflix headquarters expansion to sign a settlement agreement. In the words of many attendees at that meeting, "It's time to move on." We couldn't agree more. Please join us in voting Yes on A to ensure that Netflix calls Los Gatos home for years to come. /s/ Mike D. Kail Netflix Vice President /s/ LezLi Logan Founding Member, We Support Los Gatos /s/ Linda Nanez Retired Los Gatos Elementary School Teacher /s/ Carl Guardino President and CEO, Silicon Valley Leadership Group /s/ Ginger Reynolds-Rowe Los Gatos Business Owner and Parent (No arguments against Measure A were submitted)

Full Text of Measure A

The people of the Town of Los Gatos ordain as follows: Section 1. Title. This initiative measure ("Initiative") shall be known as the "Los Gatos Economic Development and Jobs Retention Initiative." Section 2. Findings and Purpose. A. Findings. The people of the Town of Los Gatos find and declare the following: 1. The office park located at 90-160 Albright Way and 14600 Winchester Boulevard, APNs 424-31-053, -054, -063, 424-32-038, -045, -049, -054, -059, -060, -063, (collectively, the "Property") as shown in Figure 2-3 of Exhibit D hereto, has been used as an industrial office park that was previously developed with ten one- and two-story concrete office buildings constructed in the 1970s and 1980s, and which together were approximately 250,000 square feet. 2. The office park consists of low-quality, "Class C" space that does not meet market demand. The Town of Los Gatos would be ideally served at this location by high-quality "Class A" space suitable for a corporate headquarters, which will attract the types of companies and jobs that will enhance the community and benefit the residents of the Town of Los Gatos. 3. The Property is located near State Route 85 and the proposed future Vasona Light Rail Station, and is proximate to bus stops and sidewalks. Appropriate and well-regulated growth of this strategically-located site could help reduce greenhouse gas emissions by promoting use of alternative modes of transportation for commuting, consistent with the vision of the Vasona Light Rail Element of the Town of Los Gatos 2020 General Plan ("General Plan"). 4. The best use of the Property would be for office and research and development and related uses rather than mixed-use development because of the Property's proximity to a freeway and railroad line, which produce noise that may be incompatible with residential uses. 5. In April 2013, the Town completed an environmental impact report ("EIR") in connection with a proposal for a project on the Property that would have allowed the development of 550,000 square feet of office and research and development uses, including office-serving amenities, in four, 65-foot tall buildings, as well as surface parking, a structured parking garage, and landscaping. The EIR and associated technical reports analyzed that project's potential impacts on land use and planning; aesthetics; biological resources; geology and soils; hydrology and water quality; transportation and traffic; noise; air quality; greenhouse gas emissions; hazards and hazardous materials; cultural resources; public services, utilities, and service systems; recreation; and energy conservation. The EIR concluded that, with mitigation, that proposed project would not cause any significant environmental impacts. 6. In June 2013, the Town certified the EIR and approved a Planned Development Overlay Zone to allow the development of up to 485,000 square feet of office and research and development and related space in four buildings, two of which would have a 65-foot height limit and two of which would have a 50-foot height limit, and the construction of a structured parking garage, surface parking, and landscaping on the Property. These approvals have been challenged in court. A copy of Town Ordinance 2216, which approved the existing Planned Development Overlay Zone on the Property, is attached hereto as Exhibit A (shown in strikethrough to illustrate the effect of Section 4 of this Initiative). 7. An unnecessarily drawn out litigation process is unlikely to confer any benefit on the community, and instead the voters wish to vote on and approve this Initiative, which will clearly establish Town policies, pursuant to which the development of the Property will be allowed to proceed. 8. The amendments to the General Plan, the Town of Los Gatos General Plan Land Use Map, Chapter 29 of the Code of the Town of Los Gatos ("Zoning Code") and the Town of Los Gatos Zoning Map ("Zoning Map"), and the adoption of the Albright Specific Plan ("Specific Plan"), all adopted by this Initiative (collectively, the "Amendments and Specific Plan"), will therefore allow for development of the Property with 485,000 square feet of useable office/research and development space, one parking garage, surface parking, and landscaping, as set forth collectively therein. 9. The development authorized by the Amendments and Specific Plan adopted by this Initiative will provide public improvements, strengthen the Town's economic base with high-quality long-term jobs in addition to shorter-term construction jobs, generate substantial revenues for the Town in the form of one-time and annual fees and exactions, including a Community Benefit fund of up to $485,000, increase the Town's property and sales tax revenues, and bring other fiscal benefits to the Town. 10. The Amendments and Specific Plan are in the public interest and the Specific Plan and amendments to the Zoning Code and Zoning Map are consistent with the General Plan as amended by this Initiative. Specific Plan consistency with the amended General Plan is shown in Exhibit E hereto. 11. Development permitted by the Specific Plan adopted by this Initiative has been subject to environmental review, as described above, such that further environmental review or story-pole demonstrations would not add to the public's understanding of the proposed development. 12. The goals, policies, and mandatory measures of the Specific Plan adopted by this Initiative, which include mitigation measures identified in the EIR that analyzed a proposed 550,000 square foot development on the Property, will prevent the actions approved by this Initiative from having significant environmental impacts and ensure compliance with the Town's policies, guidelines, and standards. 13. This Initiative serves the public health, safety, and welfare of the Town of Los Gatos and the surrounding region. B. Purpose. The purpose of this Initiative is to preserve the unique character of the Town of Los Gatos while enhancing its existing employment base, which will support downtown businesses, and to benefit the citizens of Los Gatos by ensuring that new development in the Town provides outstanding community benefits in exchange for the privilege of building in Los Gatos, including the replacement of existing, outmoded buildings with "Class A" commercial space of high-quality design that is compatible and consistent with the surrounding uses. Section 3. Town of Los Gatos General Plan Amendments. The voters hereby amend the Land Use Element and Land Use Map of the General Plan, adopted on September 20, 2010, as follows (new language to be inserted into the General Plan is shown as underlined text): Section E, General Plan Land Use Designations, on Page LU-12, Figure LU-3, a copy of which is attached for informational purposes only at page B-1 of Exhibit B hereto, is hereby amended to redesignate the Property from Light Industrial to Albright Specific Plan, as set forth on page B-2 of Exhibit B hereto (page B-3 of Exhibit B hereto is for informational purposes only). Section E.2, Non-Residential Land Use Designations, on Pages LU-14 to LU-16, is amended as follows: 2. Non-Residential Land Use Designations For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses, including those authorized in any other Zoning District within the Town, may be permitted where authorized by a Planned Development Overlay Zone or Specific Plan. For non-residential land uses, building intensity limits are indicated by either allowable land coverage or floor area ratio (FAR) and a maximum height limit. a. Office Professional: Up to 50 percent land coverage with a 35-foot height limit The Office Professional designation provides for professional and general business offices. This designation applies to various locations throughout the Town, often in close proximity to neighborhood- or community-oriented commercial facilities, or as a buffer between commercial and residential uses. The intent of this designation is to satisfy the community's need for general business and professional services and local employment. - - - j. Albright Specific Plan: Up to 50 percent land coverage with a 50-foot height limit in Zone 1 and a 65-foot height limit in Zone 2, as those zones are shown in Figure 3-5 of the Albright Specific Plan (Exhibit D to the Los Gatos Economic Development and Jobs Retention Initiative). The Albright Specific Plan designation permits office and research and development uses, along with office-serving uses. These office and research and development uses include corporate, administrative, business, and professional offices, as well as light manufacturing, light assembly, research and development, wholesaling, warehousing, and other light industrial uses. Office-serving uses include uses designed to serve those employed at the site or visiting the site for other business purposes. Projects developed under this designation must be consistent with the Albright Specific Plan. Section F, Special Planning Areas, on page LU-16, is amended as follows: Development in Los Gatos can be targeted to achieve a more specific outcome by designating specific overlay zones and special planning areas. These areas have more detailed development guidelines that remain consistent with existing policies. Los Gatos has three overlay zones that implement land use policies through the Town Code, five Historic Districts, three four Specific Plans, and one Redevelopment Project Area. Section F.4, Other Plans, on pages LU-19--LU-20, is amended as follows: 4. Other Plans The Albright Specific Plan, Hillside Specific Plan and Los Gatos Boulevard Plan areas are each developed according to separate land use goals and in different areas of the Town. In addition to these approved Specific Plans, the Town will be developing a North Forty Specific Plan. - - - - d. Albright Specific Plan The Albright Specific Plan establishes the policies and development standards for the area bounded by State Route 85, Winchester Boulevard, the Los Gatos Creek Trail, and residential development. The Specific Plan's goals and policies address the area's unique location near major transit corridors as well as residential and recreational uses. The Specific Plan also establishes height limits, maximum coverage, permitted uses, and other zoning regulations for the area to which it applies. The General Plan Land Use Map, a copy of which is attached for informational purposes only at page B-4 of Exhibit B hereto, is hereby amended to redesignate the Property from Light Industrial to Albright Specific Plan, as set forth on page B-5 hereto (page B-6 of Exhibit B hereto is for informational purposes only). Section 4. Amendment to the Zoning Code. The Zoning Map of the Zoning Code (Chapter 29 of the Code of the Town of Los Gatos), a copy of which is attached for informational purposes only at page C-1 of Exhibit C hereto, is hereby amended to change the Property's zoning from CM:PD (Controlled Manufacturing, Planned Development) to Albright Specific Plan, as set forth on page C-2 of Exhibit C hereto (page C-3 of Exhibit C hereto is for informational purposes only). By adopting the Albright Specific Plan zoning for the Property, the voters intend to rescind, and do hereby rescind, the existing zoning for the Property, which was previously approved through Town Ordinance 2216, a copy of which is attached hereto as Exhibit A (shown in strikethrough to indicate voter intent to rezone the Property through this Initiative), and to replace that zoning with the Albright Specific Plan, effective immediately as of the date of adoption of this Initiative. Section 5. Adoption of the Albright Specific Plan. The Albright Specific Plan, attached hereto as Exhibit D, is hereby adopted. The full text of Exhibit D commences on page D-1 of this Initiative. Section 6. Implementation of this Initiative. A. Upon the effective date of this Initiative, the Town is directed to promptly take all appropriate actions needed to implement this Initiative. This Initiative is considered adopted and effective upon the earliest date legally possible after the Elections Official certifies the vote on the Initiative by the voters of the Town of Los Gatos. B. Upon the effective date of this Initiative, the provisions of Section 3 of this Initiative are hereby inserted into the General Plan; except that if the four amendments of the General Plan permitted by state law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January 1 of the next year. C. The General Plan in effect on the date of filing of the Notice of Intent to Circulate this Initiative ("Filing Date"), and the General Plan as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the Town. To ensure that the Town's General Plan remains an integrated, internally consistent and compatible statement of policies for the Town, any provision of the General Plan that is adopted between the Filing Date and the effective date of the General Plan amendments adopted by this Initiative shall, to the extent that such interim-enacted provision is inconsistent with the General Plan amendments adopted by this Initiative, be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by the Initiative and other elements of the General Plan. Section 7. Effect of Other Measures on the Same Ballot. In approving this Initiative, it is the voters' intent to create a comprehensive regulatory plan to govern the future use and development of the Property. To ensure that this intent is not frustrated, this Initiative is presented to the voters as an alternative to, and with the express intent that it will compete with, any and all voter initiatives or Town-sponsored measures placed on the same ballot as this Initiative and which, if approved, would regulate the use or development of the Property in any manner whatsoever (each, a "Conflicting Initiative"). In the event that this Initiative and one or more Conflicting Initiatives are adopted by the voters at the same election, then it is the voters' intent that only that measure which receives the greatest number of affirmative votes shall control in its entirety and said other measure or measures shall be rendered void and without any legal effect. In no event shall this Initiative be interpreted in a manner that would permit its operation in conjunction with the non-conflicting provisions of any Conflicting Initiative. If this Initiative is approved by the voters but superseded by law in whole or in part by any other Conflicting Initiative approved by the voters at the same election, and such Conflicting Initiative is later held invalid, this Initiative shall be self-executing and given full force of law. Section 8. Interpretation and Severability. A. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub-section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. B. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the Town of Los Gatos indicate our strong desire that: (i) the Town Council use its best efforts, to sustain and re-enact that portion, and (ii) the Town Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with the intent of this Initiative. C. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the Town and others in a manner that facilitates the purpose set forth in this Initiative. Section 9. Amendment. Prior to June 3, 2021, the provisions of this Initiative and the Amendments and Specific Plan that it adopts can be amended or repealed only by a majority of the voters of the Town voting in an election held in accordance with state law. On or after June 3, 2021, a vote of the people shall not be required to amend or repeal any portion of this Initiative, and this Initiative and the Amendments and Specific Plan that it adopts, including all exhibits thereto, may be amended or repealed by any procedure otherwise authorized by law.