1982-160-Amended Request For And Consent To Consolidation Of ElectionsRESOLUTION NO, 1982 -160
AMENDED REQUEST FOR AND CONSENT TO
CONSOLIDATION OF EL.E:CTIONS
1. Section 2 -3.4 of the Town Code provides that general municipal elections
in the Town shall be held on the day of the statewide teneral election; and
2. The Town Council T,reviously adopted Resolution No. 1982 -146, proposing
adoption of a special'ta:e- pursuant to California Government Code Section 50077(a),
and Resolution No. 1982 -145, requesting consolidation of the election on said
measure, believing that the proposed increase in the transient occupancy tax was
a "special tax" under Article XIII, Section 4 of the California Constitution; and
3. On August 5, 1982, the California Supreme Court decided City and County
of San Francisco v. Farrell, SF24177, holding that the term "special taxes" applies
only to taxes earmarked for a specific purpose, thereby eliminating the requirement
for an election on the increase in the transient occupancy tax; and
4. The Council still desires to submit the transient occupancy tax increase
to the voters, as an advisory measure under Elections Code Section 5353;
THE TOWN COUNCIL THEREFORE RESOLVES:
1. Resolutions No. 1982 -145 and 1982 -146 are hereby rescinded.
2. The Town hereby requests the Board of Supervisors of Santa Clara County
to consolidate the following elections with the statewide general election in
Novenber, 1982, and consents to such consolidation:
offices:
a. The general municipal elections of the Town for the following
Council Member
Council Member
Council Member
b. The following measure for approval of the voters under Elections
Code Section 5353:
"Advisory Vote Only
Shall the Town Council be authorized to amend the transient
occupancy tax of the Tovn of Los Gatos, which is a tax on
hotel /motel room charges and is currently set at 6 -1/27, to
a maximum of 10%, such increase to be made only after a pub-
lic hearing before the Town Council ?"
Yes
No
3. The Town further requests the Board of Supervisors to provide that the
canvass of the election be made by any body or official authorized by law to do so.
4. Staff is hereby authorized to contract with the County Registrar of Voters
for conduct of the election.
5. The Town Clerk is hereby authorized and directed to certify to the adop-
tion of this resolution and to transmit a certified copy to the Board of Supervisors
of the County and to the Registrar of Voters of the County.
PASSED AND ADOPTED by the Town. Council of the Town of Los Gatos this 16th
day of August 1982, by the following vote:
AYES: COUNCIL M.e""IBERS Ruth Cannon, Thomas J. Ferrito,
Peter W. Siemens and Mayor Brent N. Ventura
NOES: COUNCIL M 4BERS None
ABSENT: COUNCIL MFI"IBERS MarLyn J. Rasmussen
ABSTAIN: COUNCIL MEKBERS None
SIGNED:_; %. ! -
Mayor, Town of Los Gatos
ATTEST:
/Z-
Clerk P
of the Tom of Los Gat -2-