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2007-115-Ordering And Calling A General Municipal Election To Be Held In The Town Of Los Gatos Of February 5, 2008 Requesting Santa Clara County Board.RESOLUTION 2007-115 RESOLUTION OF THE TOWN OF LOS GATOS 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. Exhibit A 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%) of the number of registered voters in the Town. RESOLVED: A general municipal election hereby is called to be held in and for the Town of Los Gatos on Tuesday, February 5, 2008, to have a public vote on an initiative measure. 2. Pursuant to Elections Code Section 10002, the Town Council hereby 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. Page 1 of 2 3. Pursuant to Elections Code commencing with Section 10400, the Town Council hereby 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 February 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 further 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 Clerk Administrator is hereby 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. 5. 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. 6. The Town Attorney is hereby authorized and directed to prepare an impartial analysis pursuant to Elections Code section 9280. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 5`" day of November, 2007 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe Pirzynski NAYS.: ABSTAINED: ABSENT: P ~.~ SIGNED: MA R OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA A EST: r ~G ERK DMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\MGR\AdminworkFiles\Town Attorney\Council Reports\11-5-07 Skate Pack Election RESO.~oc Page 2 of 2 Notice of Intent to Circulate an Initiative Petition The undersigned hereby st~bntit to the Clerk of the Town of Los Gatos this Notice of Intent to Circulate an Initiative Petifion.for a Skafepark in the Town of Los Gatos. The full text of the nroi~osed measw•e: "The Town of Los Gatos shall constrict and operate a skatepark for the free use of its .citizens on its Miles Avenue property, in general conformance with the plans and speci5cations approved by the Town. The one-time cost of design and const~lction shall be no more than $1,000,000 and shall be paid from existing town funds. The cost of operating the skatepatk 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." Reasons for this initiative: Los Gatos connnuttity members, in conjmlction with the Town Council and Parks Commission, have identified a substantial need for a skatepark in Town. The Town of Los Gatos has ample funds to complete this project and can afford to build the skatepark without taking funding from jury other identified need. No additional tax money will be needed. After several years of community meetings .and discussions, a location has been chosen - in close proximity to the downtown area, other recreational facilities, the creek trail. system and neighborhoods - and a prelirninary design has been completed. The site is a Town-owned parking lot. on Miles Avenue, next to Balzer Field and the Tovvn Parks and Public Works facility, which the Town Council, Planning Commission and Parks Commission have approved for this use. The next step in the process is to secure funding to construct this new facility and satisfy this unmet recreational need. Only one recreational activity has been identified as a completely umnet need for the Town's youth: Skateboarding. A Needs Assessment conducted for the Town of Los Gatos in 2003 indicated an unmet need for a skateboarding facility. Skateboarding has been popular for several decades. Youth currently use streets, speed humps, curbs, street furniture, parking lots, sidewalks and the outside areas of private businesses to practice their skateboarding abilities, and must travel ten or more miles to neighboring conununities if they wish to use a public skateboard park. The community and skateboarding youth first approached the Town requesting a skatepark in 2001. The proposed location. has the support of co7nzmuiity stakeholders and is excellent from access and design perspectives. The Town of Los Gatos has the capacity to construct ttus project in a timely mamler. Building this facility will demonstrate the Tovvn government's responsiveness to the many youth and .residents who participated in making this dream a reality. The estimated one-time cost of building this facility is $1,000,000. The Town of Monte Sereno has offered $100,000 from stitte fluids allocated for flits type of facility. The Sobrato Foundation has pledged$50,000. Many individual contributors have given or pledge a total of over $10,000. As noted, The Town of Los Gatos has ample fiu~ds to complete this project. and can afford to build the skatepark without taking fimdi.ng from any other identified need. No additional tax money will be needed. The town is in excellent fin~mcial condition. The Town has total reserves of over $0,000,000. A substantial part of those reserves are discretionary, In addition to Town fiords designated for every other known or anticipated need, the Tovvn has over $2;000,000 undesignat.ed in its General Fund, twice as much as needed for this project. The Los Gatos Town Council has offered only $125,000 and has asked whether our conununity wishes to provide more support for a skatepark for our kids. This initiative gives our conununity the opportunity to say "Yes." Request for pret~aration of ballot title and summary of pronosetl nxeasure by the Town Attarney• Tl~e proponents whose names, addresses and signatures appear below hereby request that the Town Attorney of the Town of Los Gatos prepare a ballot title altd stunmary ofiltis proposed measure in accordance with the California Elections Code (Section 9203). Prononents: Dennis Byron Date 4~5 San Benito Avenue Los Gatos. CA 95030 Karen Delotum Date 111 Joluison 1-lollovv Los Gatos, CA 95030 l~ ~ IJ MAY ? ~ ?007 TOWN OF 1.OS GATOS OL.ERK 17EF~ARTM~NT ®~