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2007-118-Ordering And Calling A General Municipal Election To Be Held In The Town Of Los Gatos On February 5, 2008RESOLUTION 2007-11.8 RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 2007-115 ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON FEBRUARY 5, 2008; REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF VOTERS TO PROVIDE ELECTION SERVICES; REQUESTING CONSOLIDATION OF PRESIDENTIAL PRIMARY ELECTION WITH LOS GATOS MUNICIPAL ELECTION AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; TO PROVIDE NOTICE OF ELECTION FOR THE PURPOSE OF AN INITIATIVE MEASURE REQUIRING THE TOWN OF LOS GATOS TO SPEND UP TO ONE MII,LION DOLLARS ($1,000,000) FOR THE DESIGN AND CONSTRUCTION OF A SKATE PARK, AND FIFTY THOUSAND DOLLARS ($50,000) ANNUALLY FOR THE OPERATION OF THE SKATE PARK ON TOWN-OWNED PROPERTY WHEREAS: A. Los Gatos Town Code Section 2.30.010 provides that the general municipal election for the Town of Los Gatos shall be held on the day of the statewide general election. B. Pursuant to Part 3 of Division 10 of the California Elections Code, a general municipal election may be consolidated with a statewide election. C. A statewide election will be held on February 5, 2008. D. On May 29, 2007, a notice of intent to circulate a proposed initiative petition was filed with the Town, said proposed initiative requiring the Town to pay up to one million dollars ($1,000;000) to construct a skate park on Town-owned property located on Miles Avenue, and further requiring the Town to pay up to fifty thousand dollars ($50,000) per year to maintain an operate said skate park, which amounts could be offset by contributions. E. On October 1, 2007, signed petitions were filed with the Town regarding the aforesaid proposed initiative. F. On October 11, 2007, the Registrar of Voters for the County of Santa Clara notified the Town that the proposed initiative had received not less than ten percent (10°l0) of the number of registered voters in the Town. G. On November 5, 2007, the Town Council adopted Resolution 2007-115, calling an election on the proposed initiative. H. Resolution 2007-115 must be amended pursuant to Elections Code section 9605 in order to state the proposed initiative in the form of a ballot question that conforms with the requirements of the Elections Code, and to ensure inclusion of the full text of the proposed initiative in the voters' pamphlets. RESOLVED: The general municipal election called in Resolution 2007-115 to be held in and for the Town of Los Gatos on Tuesday, February 5, 2008, is to have a public vote on an initiative measure, the Page 1 of 5 question to read as stated in Exhibit "A", attached hereto and by this reference incorporated herein. 2. As stated in Resolution 2007-115, pursuant to Elections Code section 10002, the Town Council .requests the Board of Supervisors of the County of Santa Clara to make available the services of the Registrar of Voters for the purpose of performing the usual services necessary in the conduct of the consolidated general municipal election, including the provisions of election supplies and voters' pamphlets; and that upon approval of such requests, the Registrar of Voters of the County of Santa Clara shall be reimbursed for all costs incurred by said services. 3. As stated in Resolution 2007-115, pursuant to Elections Code commencing with Section 10400, the Town Council requests the Board of Supervisors of the County of Santa Clara to order the consolidation of the general municipal election to be conducted within the boundaries of the Town of Los Gatos on Febniary 5, 2008, with respect to which the Board of Supervisors of the County of Santa Clara has the power to order a consolidation. The Town Council fiirther consents to and orders the consolidation of the general municipal election hereby called with the presidential primary election. Upon consolidation, the consolidated election .shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at .8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of law regulating the elections so consolidated. 4. The Town Council hereby requests that the Registrar of Voters include in the voters' pamphlets the full text of the proposed initiative as stated in the notice of intent to circulate an initiative petition referred to herein above, said full text contained in Exhibit "B", attached hereto and by this reference incorporated herein. As stated in Resolution 2007-115, the Clerk Administrator is authorized and directed to publish as may be necessary a notice of the general municipal election within the time and in the manner specified in Elections Code section 12110. The Clerk Administrator is further authorized and directed to do all other things required by law to hold the general municipal election above provided. 6. As stated in Resolution 2007-115, the Clerk Administrator is hereby authorized and directed to certify to the adoption of this resolution and to transmit a certified copy to the Board of Supervisors of the County of Santa Clara and to the Registrar of Voters of the County of Santa Clara. As stated in Resolution 2007-115, the Town Attorney is hereby authorized and directed to prepare an impartial analysis pursuant to Elections Code .section 9280. Page 2 of 5 PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Los Gatos this lOt" day of November, 2007 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman., Diane McNutt, and Mayor Joe Pirzynski NAYS: None ABSTAINED: Vice Mayor Barbara Spector ABSENT: Mike Wasserman ` `SIGNED: AYOR OF'~`H TOWN OF LOS GATOS '~. ,,~ ~ ~_ ~. LOS GATOS, CALIFORNIA ATTE~S°T: ~ . ~---'~.~.J `°~`~~ _ ~ CLERK AD~' ISTRATnR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 3 of 5 Question for Ballot: Shall the Town of Los Gatos be required to construct and operate a skatepark for the free use of its citizens on its Miles Avenue property, generally conforming with plans and specifications approved by the Town, the one-time cost to design and construct not to exceed $1,000,000, paid from existing Town funds, the annual operating cost not to exceed $50,000, said costs to be reduced by any valuable contributions made by others? EXHIBIT A Page 4 of 5 The full text of the proposed measure: "The Town of Los Gatos shall construct and operate a skatepark for the free use of its citizens on its Miles Avenue property., in general conformance with the plans .and specifications approved by the Town. The one-time cost of design and construction shall be no more than $1,000,000 and shall be paid from existing town funds. The cost of operating the skatepark shall be no more than $50,000 per year. These costs shall be reduced by any contributions made by others, such as the $100,000 offered by the City of Monte Sereno, or other valuable contributions." EXHIBIT B Page 5 of 5