10 Staff Report - Taking Steps Necessary for Election
DATE: TO: FROM: SUBJECT: COUNCIL MEETING DATE: 04/19/04 ITEM NO. IV COUNCIL AGENDA REPORT April 9, 2004 MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER ADOPT RESOLUTION OF THE TOWN
OF LOS GATOS REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF VOTERS TO PROVIDE ELECTION SERVICES FOR A SPECIAL ELECTION FOR THE PURPOSE OF ANNEXING CERTAIN
TERRITORY DESIGNATED AS BLOSSOM HILL MANOR #11 TO THE TOWN OF LOS GATOS TO BE HELD ON AUGUST 31, 2004; DETERMINING THE QUESTION TO BE SUBMITTED TO THE VOTERS; AUTHORIZING REIMBURSEMENT
FOR SAID SERVICES; APPROVING AN IMPARTIALANALYSIS; AND AUTHORIZING AND DIRECTINGTHE TOWN CLERK TO PUBLISH NOTICE AND TAKE STEPS NECESSARY FOR THE ELECTION. RECOMMENDATION: Adopt resolution
ofthe Town of Los Gatos requesting Santa Clara County Board of Supervisors to authorize Registrar of Voters to provide election services for a special election for the purpose of annexing
certain territory designated as Blossom Hill Manor #11 to the Town of Los Gatos to be held August 31, 2004; determining the question to be submitted to the voters; authorizing reimbursement
for said services; approving an impartial analysis; and authorizing and directing the Town Clerk to publish notice and take steps necessary for the election. BACKGROUND The annexation
process for Blossom Hill Manor No. 11 has been underway since December 15, 2003, when the Town Council set the date for consideration ofthe annexation as requested by some of the residents
of the affected area. On March 18, 2004, the Town Council adopted a resolution ordering the reorganization ofBlossom Hill Manor No. 11 subject to a confirmation by the registered voters
residing within the affected territory. The Council set the election to occur through a mailed ballot election process to be help on the August 31, 2004, the last Tuesday in August,
as set forth in /C' Cb 0-:::> . PREPARED BY: PAMELA JACOBS Assistant Town Manager Reviewed by: __. Assistant Town Manager O}CTown Attorney __Clerk Finance __Community Development
Revised: 4/13/04 5:03 pm
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: April 9, 2004 the Election Code. DISCUSSION: The next step in the annexation process is to formally request the Santa Clara County Board of Supervisors
to authorize the Registrar of Voters to provide elections services for the mailed ballot election to be held August 31, 2004. The Registrar has already been informed via certified mail
of the resolution adopted by the Town Council calling for the special election; however, it is necessary to submit a resolution to the Board to make the formal request. The resolution
must also set forth the question that will be asked ofthe voters in the special election and authorize reimbursement for the election services provided by the Registrar. The question
to be posed on the ballot is the following: " Shall the order adopted on March 18, 2004, by the Town of Los Gatos ordering the annexation to the Town of Los Gatos the territory described
in that order and designated as Blossom Hill Manor No. 11, be confirmed? Yes---No---This resolution also authorizes and directs the Town Clerk to publish notices and. take the steps
. necessary for the election. Attachment 2 presents the Registrar's deadlines associated with the election, according to information received from the Registrar. Ralso presents the
dates for the notices and other steps to be taken by the Town Clerk. The Town Clerk is prepared to undertake these steps upon authorization from the Town Council. Lastly, this resolution
approves an impartial analysis ofthe proposed annexation as required by the election provisions ofthe law governing government agency reorganizations. The impartial analysis may not
exceed 500 words in length in addition to a general description of the boundaries of the territory affected. Il1"addition to the description ofthe boundaries, the proposed impartial
analysis (Exhibit "A" to the resolution, which is Attachment 1 to this report) explains the purpose of the election, the essential impacts of the proposed annexation, and an expl'l11ation
of who is qualified to vote in the election. The proposed impartial analysis may be modified by the Town Council, but must be approved no later than June 9, 2004. CONCLUSION The adoption
of the attached resolution will enable the Registrar of Voters to provide the election services regarding the annexation of Blossom Hill #11.
PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: April 9, 2004 ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: The cost of this
special election has been estimated at approximately $5,000 to $10,000 which will be included in the 2004-05 budget. Attachment: 1. 2. Resolution ordering special mailed ballot election.
Registrar and Town Deadlines for Special Election
RESOLUTION 2004-RESOLUTION OF THETOWN OF LOS GATOS ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ANNEXING CERTAIN TERRITORY DESIGNATED AS BLOSSOMHILLMANOR#11 TO THE TOWN
OF LOS GATOS; REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF VOTERS TO PROVIDE ELECTION SERVICES FORTHIS MAILED BALLOT ELECTION TO BE HELD ON AUGUST 31,2004;
DETERMINING THE QUESTION TO BE SUBMITTED TO THE VOTERS; AUTHORIZING REIMBURSEMENT FOR SAID SERVICES; APPROVING AN IMPARTIAL ANALYSIS; AND AUTHORIZING AND DIRECTING THE TOWN CLERK TO
PUBLISH NOTICE AND TAKE STEPS NECESSARY FOR THE ELECTION. RESOLVED, by the Town Council of the Town of Los Gatos, a municipal corporation of the County of Santa Clara, State of California,
that 1. Pursuant to the provisions ofsections 57075 and 57100 ofthe Government Code ofthe State of California, the annexation to the Town of Los Gatos of that territory designated as
Blossom Hill Manor #11, and described in real property description and map attached hereto, marked Exhibits "A" and "B", respectively, is approved, and that the same be annexed to the
Town of Los Gatos, subject to a confirmation of the voters on the question. 2. A special election to determine whether the territory known as Blossom Hill Manor #11 shall be annexed
to the Town of Los Gatos is hereby called to be held on August 31,2004. 3. The question to be submitted to the voters shall be: Shall the order adopted on March 18,2004, by the Town
ofLos Gatos ordering the annexation to the Town ofLos Gatos the territory described in that order and designated as Blossom Hill Manor No. 11, be confirmed? Yes---No---4. Pursuant to
Elections Code Section 10002, the Town Council hereby requests the Board of Supervisors of the County of Santa Clara, subject to payment by the Town of Los Gatos of all expenses incurred,
to make available the services of the County Clerk and/or the Registrar of Voters for the purpose of performing all of the usual services necessary in the conduct ofa special election,
including but not limited to (a) establishing the precinct(s) and voting place(s); and (b) causing a voter ballot concerning the proposal to be printed and mailed to each voter entitled
to vote on the question. ATTACHMENT 1
5. The Clerk of the Town of Los Gatos is hereby authorized and directed (a) to give notice of the election by publication, posting, and mailing as required by Government Code sections
57130 and 57131; (b) to transmit notice of the election to the executive 6fficer of Santa Clara County LAFCO within five days as required by Government Code section 57144; (d) to
the argument for and against the measure to be printed and distributed to the voters as set forth in Election Code section 9166; (e) enable preparation and submittal of rebuttal arguments
as set forth in Government Code section 57147 and Elections Code section 9167; (f) to certify and transmit a copy of this resolution to the Santa Clara County Board of Supervisors; and
(g) to do all other things required by law to hold this election. 6. The vote required for confirmation is a majority of the Votes cast on the question. FURTHER RESOLVED, that pursuant
to Goverrtment Code section 57144, the Town Council hereby approves an impartial analysis, attached hereto as Exhibit "A" and incorporated herein by this reference, of the election measure
regarding the annexation of the territory known as Blossom Hill Manor #11. FURTHERRESOLVED, that upon confirmation ofthese annexation proceedings by an election, the territory annexed
will be taxed on the regular county assessment roll, including taxes for existing bonded indebtedness. PASSED AND ADOPTED at a regular meeting of the Town Council held on by the following
vote: COUNCIL MEMBERS: AYES: NAYS: NONE ABSTAINED: NONE ABSENT: NONE SIGNED: lsi MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: lsi CLERK OF THE TOWN OF LOS GATOS LOS GATOS,
CALIFORNIA
TOWN ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE This measure would confirm the proposed annexation to the Town of Los Gatos of the unincorporated territory known as Blossom Hill Manor
No. 11. Annexation was initiated by petition of residents of Blossom Hill Manor No. 11. State law requires that an election be held to confirm a proposed annexation where written protests
are filed and not withdrawn by more than 25 percent of the number of owners ofland who also own at least 25 percent of the assessed value of the land within the affected territory. The
Town Council held a public hearing on February 17, 2004, and determined that the proposed Blossom Hill Manor No. 11 annexation received written protests that were not withdrawn by more
than 25 percent of the number of owners of land who also own at least 25 percent of the assessed value of the land within the territory. The general boundaries of the affected territory
are: South of the Northern boundary of Oleander Avenue, West of and excluding the intersection of Oleander Avenue and Lilac Avenue and West of the Eastern boundary of Assessor's Parcel
No. 523-13-037, North of the Southern boundaries of the parcels of property fronting the South side of Lilac Avenue, and East of the Western boundaries of Assessor's Parcel Numbers 523-13-031,
523-13-043, and 523-13-065, and the Western boundary ofthe intersection of Oleander Avenue and Azalia Way, in the County of Santa Clara. If annexed, residents and property owners in
the territory would have the same rights and receive the same Town services currently provided residents and owners of properties within the Town limits. These would include the right
to vote for Town officials, to participate in Town boards and commissions, and to receive law enforcement services from the Los. Gatos-Monte Sereno Police Department. The Town would
be responsible for street maintenance within the territory. Applications for development permits, including building and land use approvals, would be processed by the Town rather than
the County and would be subject to Town standards, including historic preservation and tree protection, and associated development and building permit fees. Fire, ambulance and water
services would not be affected by annexation. Garbage collection services rates, which are subject to change, are currently lower in the Town. If annexed, properties would no longer
be subject to the parcel tax that. funds the County library system. Basic property taxrates and school district boundaries would not change as a result of annexation. Measure _ will
be voted on only by registered voters residing within the Blossom Hill Manor No. 11 area. A majority vote either for or against confirming the annexation shall determine whether the
territory is annexed to the Town of Los Gatos or remains within the jurisdiction of the County of Santa Clara. Orry P. Korb Los Gatos Town Attorney The above statement is an impartial
analysis of Measure _. If you desire a copy of the measure, please contact the Town Clerk's office at (408) 354-6834 and a copy will be mailed at no cost to you. EXHIBIT A
BLOSSOM HILL MANOR #11 ANNEXATION ELECTION REGISTRAR'S DEADLINES (per Shannon Bushey 3/19/04) 1555 Berger Drive, Building II, San Jose JUNE 4TH JUNE 9TH JUNE 16TH Date not yet set RESOLUTION
TO THE BOARD OF SUPERVISORS Deadline for jurisdictions to submit resolutions to the Board through the Registrar of Voters DUE DATE FOR ARGUMENTS Deadline for submitting arguments for
and against a measure DUE DATE FOR REBUTTAL ARGUMENTS AND IMPARTIAL ANALYSES Deadline for submitting rebuttals to arguments in favor and against a measure and impartial analyses. REGISTRAR
MAILS OUT THE QUESTION OF ANNEXATION TO THE REGISTERED VOTERS RESIDING IN THE DEFINED TERRITORY AUGUST 31 sT DUE DATE FOR BALLOTS TO BE RETURNED TO THE SANTA CLARA COUNTY REGISTRAR OF
VOTERS OFFICE TOWN OF LOS GATOS DEADLINES APRIL 19TH RESOLUTION TO COUNCIL DIRECTING THE SPECIAL ANNEXATION ELECTION MAY 5TH PUBLICATION ANNOUNCING SPECIAL ELECTION MAY 12TH PUBLICATION
REQUESTING ARGUMENTS PRO AND CON MAILED NOTICES SENT TO INTERESTED PARTIES MAY 26TH ARGUMENTS PRO AND CON DUE IN THE TOWN CLERK'S OFFICE JUNE 9TH REBUTTAL ARGUMENTS AND IMPARTIAL ANALYSES
DUE IN TOWN CLERK'S OFFICE ATTACHMENT 2