File #: 17-0071    Name: Measure Z, status, litigation and implementation
Type: General Agenda Item Status: Filed
File created: 1/17/2017 In control: Board of Supervisors
On agenda: 1/24/2017 Final action: 1/24/2017
Title: Measure Z Status, Litigation and Implementation.
Attachments: 1. Board Report, 2. Petition as circulated.pdf, 3. Aera-PetWritMandate&Complaint.pdf, 4. Chevron-AmendPetWritMandamus&Complaint.pdf, 5. Notice of Order and Stay.pdf, 6. REVISED Joint Stip and Order and Stay.pdf, 7. Completed Board Order

Title

Measure Z Status, Litigation and Implementation.

 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

Hear a presentation on Measure Z.

 

SUMMARY:

Measure Z is a citizens’ sponsored initiative to ban and limit oil extraction operations in Monterey County. 

 

DISCUSSION:

On February 23, 2016, a proposed ballot measure captioned “Protect Our Water: Ban fracking and Limit Risky Oil Operations Initiative” was filed with the Monterey County Registrar of Voters.  Eventually, the Initiative qualified for the November 2016 election ballot as “Measure Z” and received sufficient “yes” votes to pass.  (Measure Z as circulated attached).

 

After the November election, two lawsuits were filed challenging the legality of Measure Z.  (Copies attached).  Since passage, many questions have arisen, including: What is the meaning of Measure Z? Is it legal? How and when would Z be implemented?  What is the impact of litigation?  Why was a “stay” entered?  What does a “stay” mean?  And, what is the impact of a “stay?”  (Copy of Stay attached).

 

Measure Z, the litigation and the many associated questions are complex.  An open session presentation will attempt to explain Measure Z and the litigation, answer several Measure Z questions and provide a status report.

 

FINANCING:

Litigation costs are anticipated to be large.  However, there are no costs associated with this report.

 

Prepared by:                      Approved by:

 

 

Charles J. McKee                      Charles J. McKee

County Counsel                     County Counsel

 

Dated:  January 17, 2017                     Dated:  January 17, 2017

 

Attachments:

Measure Z

Aera v. County of Monterey

Chevron v. County of Monterey

Stipulation & Stay of Measure Z