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LWV League of Women Voters of California
Smart Voter
Contra Costa County, CA November 7, 2000 Election
Measure O
General Plan Initiative
City of Clayton

2,598 / 44.4% Yes votes ...... 3,254 / 55.6% No votes

See Also: Index of all Measures

Information shown below: Impartial Analysis | Arguments |

Shall the Initiative be adopted to amend the Clayton General Plan to require voter approval for specified land use decisions involving ten or more dwelling units, conversion of more than two acres of contiguous open space to non-open space uses, and for proposed commercial developments involving 1,000 square feet of gross floor area or more?

Impartial Analysis from City Attorney
The Clayton General Plan Amendment Initiative would amend the Clayton 2000 General Plan to require, in addition to the current process of public hearings before both the Planning Commission and the City Council, a simple majority voter approval by the Clayton voting electorate for the following planning and land use decisions occurring within the City:
1. All legislative decisions of the City Council involving ten or more dwelling units, i.e., general plan amendment, rezonings and development agreements.
2. Any legislative decision of the City Council that would cause or allow the conversion of more than two acres of contiguous open space to a non-open space use.
3. Any legislative decision of the City Council on a proposed commercial development plan involving 1,000 square feet of gross area or more.

Although the Initiative mandates that any indirect or direct cost to the City associated with any election required by the Initiative provisions be borne by the proponents or applicants of a proposed project, this provision may not be upheld by a California Court.

The Initiative is to be valid for twenty years or until earlier repealed by the voters of Clayton. At the expiration of the twenty-year period the Initiative is to be submitted to a vote of the people for renewal in its entirety for an additional twenty years. Any amendment of the Initiative would require voter approval.

The vast majority of the other goals, objectives and policies of the proposed amendment to the Clayton General Plan are currently identified and supported in the existing General Plan, Town Center Specific Plan and Marsh Creek Road Specific Plan.

The above statement is an impartial analysis of Initiative Measure O. If you desire a copy of the entire Initiative Measure, please call the elections official’s office at 925-673-7304 and a copy will be mailed at no cost to you.

Maurice E. Huguel, Jr.
Clayton City Attorney

 
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Arguments For Measure O Arguments Against Measure O
Measure O will empower Clayton citizens to participate in preserving Clayton’s small town ambiance, its rural character and its historic downtown. Clayton City Council has been consistently changing the character of the City with high-density residential projects and incompatible large-scale buildings in the historic downtown. The amount of land available in Clayton for development is limited. These precious assets deserve the time and the effort it will take to protect them from arbitrary development.

This measure will not change the planning process for unimproved land. All projects will continue to be reviewed by the Planning Commission and approved by the City Council. Community approval will be required as the last step and only for large-scale projects.

As a result of this measure, the relationship between the developer, the City Council and the community will change. Because the voters will approve large projects, the developers will be required to accommodate public concerns. The community must be satisfied that projects in Clayton will address quality of life issues such as traffic, overcrowded schools, open space, density, and air quality. These issues are just as important as the financial benefits of the developer and the City.

The City Council’s approval of incompatible construction in downtown Clayton has turned it into a ghost town. This measure will give the City Council the incentive it needs to master plan the historic downtown, which should include small and compatible businesses that add to the overall attractiveness of the downtown and be a source of revenue to the City.

Clayton citizens have always been very eager to participate in the City’s future. The time has come to ensure that each member of our community will be heard. We urge all voters to vote YES on this critical measure.

Bill Walcutt, Former Clayton Mayor

Garen Avanessian, College Professor

John Cook, Professional Engineer

Arlene M. Skuha, Real Estate Agent

Rebuttal to Arguments For
Measure O is a political ploy - costly, counterproductive and harmful to Clayton. Proponents illogically claim that approvals by City Council have "turned it into a ghost town." If Measure O were to pass, Clayton could end up a "ghost town!"

The reality is that what has occurred in the downtown has prepared Clayton for its ultimate future - a small but vibrant town where citizens can find the services and shops they need. Past and present City Councils have approved the restoration of historic buildings and the construction of historical replicas. Currently approved projects - including the new fire station, post office, trailhead plaza, preservation of Endeavor Hall, Senior Assisted Care facility, D&B Commercial building (corner of Marsh Creek and Center), will breathe additional life and prosperity into our community, which maintaining our "Old West" theme.

The city has an adopted Down Specific Plan that regulates the size and type development allowed. Under Measure O, a commercial project as small as 32’ x 32’, would be subject to the costs and delays of a vote. Subjecting applicants who have invested significant time and money on plans, permits and public hearing to the additional uncertainties, delays and costs of special elections would be unreasonable - bad for business and bad for Clayton. Potential businesses would be discouraged from considering Clayton.

Citizens are empowered through our planning approval process - it has worked! Let's continue to preserve and improve Clayton together!

VOTE NO on MEASURE O

Matt Mazzei, Automobile Dealer

Ingrid Hempell, Restaurant Owner

Kent Ipsen, Restaurant Owner

Ronald S. Cataldo, D.C.

Glenn Miller, Construction Manager, Vice Chairperson Clayton Planning Commission

Voter approval of development in Clayton is unnecessary, costly, and counter-productive. Voters in other cities have rejected similar measures. And, unlike most cities, Clayton has already protected its hills, creeks and open space; very little development potential remains.

For many years Clayton has attempted to attract commercial development to our Town Center, compatible with our historic style. A more commercially active downtown would create shopping and jobs for our citizens, sponsors for our youth teams, and tax revenues necessary to be able to run our city. Plans are in place for improving Center Street, renovating Endeavor Hall, and developing a park.

But if the initiative passes, an election would be required to add as little as 1000 square feet (the size of a two-car garage) of commercial development. The additional cost and delay of an election - to Clayton’s already stringent process - would drive developers away and discourage businesses from ever considering Clayton. Commercial establishments such as restaurants, boutique stores, and upscale furnishings or fashions would be lost to downtown Clayton. Failure to develop the downtown could negatively affect property values throughout the city. It would mean a loss of potential sales tax revenues from increased retail activity - revenues that could be used to increase city services.

Clayton already has a process in place that regulates growth and development. The process includes extensive review by professionals, and public hearings through the Planning Commission and City Council. Development, today, is a complex process. Development review by informed, elected representatives is working well for Clayton. It has made Clayton a very desirable place to live. There is no reason to change it now.

We, as residents of Clayton committed to maintaining the ambiance of our small western town, urge you to Vote NO on Measure O.

Phyllis L. Peterson, Mayor of Clayton

Bill O’Connell, Attorney, President of the Clayton Business and Community Association

Robert Hoyer, Former Mayor of Clayton

Skip Ipsen, Merchant/Property Owner

Ed Moresi, Restaurant Owner

Rebuttal to Arguments Against
Our elected representatives should be proud that Clayton voters are well informed. So much so that we know a two-car garage is less than 450 square feet. For the opponents to state 1000 square feet is the size of a two-car garage is undeniably false and misleading.

Contrary to the opponent’s argument, even without downtown development property values are currently the highest in Clayton’s history. In fact, the very businesses the Council has "attempted to attract" and those most suited to enhance our quaint downtown would be unaffected by your YES vote on Measure O. For example: coffee shops, ice cream parlors, gift stores...

Further misleading, the opponents state "very little development potential remains." Yet, our City Housing Element identifies 50.5 acres of developable land and proposes 249 or more new residences.

Do not allow yourself to be misled.

Your YES vote on Measure O is more than a downtown business issue. Measure O ensures us the opportunity to review how each major residential development impacts our quality of life:

  • overcrowded schools
  • Traffic
  • Protection of open space and ridgelines
  • Noise
  • Funds for landscaping/maintenance
  • Traffic enforcement

We should again remind ourselves of the reasons why we all moved to Clayton and the treasures easily lost:
  • Lowest crime rate in the county
  • Upscale, quaint family town
  • Real country feeling with an old western downtown
  • Scenic vistas with open hillsides
  • Mt. Diablo views
  • Plenty of open space

YES, YES, YES on Measure O, an informed decision to protect Clayton’s future.

Jeffrey Martin, Former Clayton Planning Commissioner

Cathy Berpero, Homemaker

Sukhdev S. Sandho, Owner Village Market

John Cook, Professional Engineer

Sharon A. Weaver, Teacher


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Created: January 25, 2001 02:34
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