02 Staff Report - Blossom Hill Manor No. 11
.. ._--.. DATE: COUNCIL AGENDA REPORT May
11,2004 COUNCIL MEETING DATE: 05/17/04 ITEM NO. 2. TO: FROM: SUBJECT: MARIAN V. COSGROVE, TOWN OFFICER ADOPT RESOLUTION
OF THE TOWN OF LOS GATOS ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ANNEXING CERTAIN TERRITORY DESIGNATED AS BLOSSOM HILL MANOR #11 TO THE TOWN OF LOS GATOS; REQUESTING
SANTA CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF VOTERS TO PROVIDE ELECTION SERVICES FOR THIS MAILED BALLOTELECTIONTO BE HELD ON AUGUST 31,2004; DETERMINING THE QUESTION
TO BE SUBMITTED TO THE VOTERS; AUTHORIZING REIMBURSEMENT FOR SAID SERVICES: AND AUTHORIZING AND DIRECTING THE TOWN CLERK TO PUBLISH NOTICE AND TAKE STEPS NECESSARY FOR THE ELECTION.
RECOMMENDATION: , Adopt resolution of the Town of Los Gatos ordering and calling a special election for the purpose of annexing certain territory designated as Blossom Hill Manor #11
to the Town of Los Gatos; Requesting Santa Clara County Board of Supervisors to authorize Registrar of Voters to provide election services for this mailed ballot election to be held
August 31,2004; Determining the question to be submitted to the voters; Authorizing reimbursement for said services; and authorizing and directing the Town Clerk to publish notice and
take steps necessary for the election. DISCUSSION: The Registrar of Voters requested that Section 4 of Resolution 2004-45, adopted by Council April 19,2004, be amended to include the
following statement: "The Los Gatos Town Council hereby authorizes the use ofmailed ballots for the election pursuant to Elections Code Section 4000 et. Seq0' and other applicable law."
OurTown Attorney suggested rescinding previously approved Resolution 2004-45 and adopting a new resolution with an amended Section 4. PREPARED BY: MARIAN V. COSGROVE Town Clerk Reviewed
by: __ TC:CLK:\ELECT-RESO-2004-45 Revised: 6/13/00 10:07
I• .-. ..:---"- -. "-"_ .. .. -....-.......-•.. .......:...... - ..
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: May 17, 2004 FISCAL rMPACT: The cost of this special election has been estimated at approximately $5,000 to $10,000 which is provided for in the
FY2004-05 budget. The fees charged to the residents requesting this annexation procedure will cover a portion of the cost of the services rendered for filing and printing the arguments
supporting their request. Attachment: 1. Resolution ordering special mailed ballot election.
--------------------RESOLUTION 2004-RESOLUTION OF THE TOWN OF LOS GATOS ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ANNEXING CERTAIN TERRlTORYDESIGNATED As BLOSSOMHILLMANOR#11
TO THETOWN OF LOS GATOS; REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF VOTERS TO PROVIDE ELECTION SERVICES FOR THIS MAILED BALLOT ELECTION TO BE HELD ON
AUGUST 31, 2004; DETERMINING THE QUESTION TO BE SUBMITTED TO THE VOTERS; AUTHORIZING REIMBURSEMENT FOR SAID SERVICES; 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 of Sections 57075 and 57100 of the Government Code of the State of California, the annexation to the Town ofLos Gatos of that territory designated as Blossom Hill Manor
#11, and described in real property description and map attached hereto, marked Exhibits 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 territoryknown 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 ofthe 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 ofVoters for the purpose ofperforming all ofthe usual services necessary in the conduct of a special election. The
Los Gatos Town Council hereby authorizes the use of mailed ballots for the election pursuant to Elections Code Section 4000 et Seq., and other applicable law.
•• '.o .:-'-"-.. -", ... ' .:..---.- -.. .. .. " .. .... -
5. The Clerk of the Town ofLos 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 officer of Santa Clara CountyLAFCO within five days as required by Government Code Section 57144; (d) to select
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 confrrmation is a majority of the votes cast on the question. FURTHERRESOLVED, that upon confirmation
ofthese annexation proceedings byan election, the territory annexed will be taxed on the regular county assessment roll, including taxes for existing bonded indebtedness. FURTHER RESOLVED,
that Resolution 2004-45 is hereby rescinded. PASSED AND ADOPTED at a regular meeting ofthe Town Council held on May17, 2004 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