At the Jackson City Council meeting this week, discussion continued regarding the validity of a controversial EIR referendum concerning the City’s Land Use, Circulation, and Zoning Code Project Environmental Impact Report. The referendum was filed by the group Friends of Jackson, and was certified by the Amador County Registrar of Voters on April 22. At the meeting Monday, the council primarily discussed the question of whether the referendum is legally valid. City Attorney Andrew Morris stated that, as the decision certifying the EIR was not a legislative decision, it is not legally subject to the referendum process. If the council chooses to repeal the referendum in court, however, then it will automatically hold up the General Plan process for 12 months while the court makes a decision. The council’s other options are to decertify their March 10th decision to approve the EIR, call a special election to vote on the referendum, or let the decision go to the voters in November. During the public comment period, Chris Wright, Executive Director of the Foothill Conservancy, stood up and stated that he believed the referendum was valid, as did his attorney. He also said that he would be more than willing to send over his attorney’s comments, to which Morris responded that he would “be genuinely interested to view.” Friend’s of Jackson Spokesperson Ken Berry then took the stand and stated that he believes “the best course for the city is to rescind, as the people will uphold the referendum.” Council then directed staff to agendize this item for a future meeting. They also made requests for City Planner Susan Peters to calculate the approximate cost scenarios of repealing or redoing certain portions of the EIR, and for City Attorney Andrew Morris to receive the information from the Foothill Conservancy and determine the validity of legal action regarding the referendum.
Thursday, 01 May 2008 10:00
Validity of Jackson Final EIR Referendum Under Fire
At the Jackson City Council meeting this week, discussion continued regarding the validity of a controversial EIR referendum concerning the City’s Land Use, Circulation, and Zoning Code Project Environmental Impact Report. The referendum was filed by the group Friends of Jackson, and was certified by the Amador County Registrar of Voters on April 22. At the meeting Monday, the council primarily discussed the question of whether the referendum is legally valid. City Attorney Andrew Morris stated that, as the decision certifying the EIR was not a legislative decision, it is not legally subject to the referendum process. If the council chooses to repeal the referendum in court, however, then it will automatically hold up the General Plan process for 12 months while the court makes a decision. The council’s other options are to decertify their March 10th decision to approve the EIR, call a special election to vote on the referendum, or let the decision go to the voters in November. During the public comment period, Chris Wright, Executive Director of the Foothill Conservancy, stood up and stated that he believed the referendum was valid, as did his attorney. He also said that he would be more than willing to send over his attorney’s comments, to which Morris responded that he would “be genuinely interested to view.” Friend’s of Jackson Spokesperson Ken Berry then took the stand and stated that he believes “the best course for the city is to rescind, as the people will uphold the referendum.” Council then directed staff to agendize this item for a future meeting. They also made requests for City Planner Susan Peters to calculate the approximate cost scenarios of repealing or redoing certain portions of the EIR, and for City Attorney Andrew Morris to receive the information from the Foothill Conservancy and determine the validity of legal action regarding the referendum. 
