Staff Report
PREPARED BY: SHELLEY NEIS
Clerk Administrator
Reviewed by: Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/13/2016
ITEM NO: 1
DATE: NOVEMBER 9, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION CERTIFYING THE NOVEMBER 8, 2016 LOS GATOS
GENERAL MUNICIPAL ELECTION AND DECLARING THE ELECTION RESULTS
FOR MEASURE T AND TWO COUNCIL MEMBER SEATS
RECOMMENDATION:
Pursuant to California Elections Code the Town shall adopt a resolution declaring the results of
the November 8, 2016 Los Gatos General Municipal Election for Measure T and two Council
Member seats.
BACKGROUND:
A General Election was held in the Town of Los Gatos on Tuesday, November 8, 2016 for the
purpose of electing two (2) Council Member seats and considering Measure T to increase the
Transient Occupancy Tax (TOT) from 10 percent to 12 percent.
At the direction of the Town Clerk Administrator, the Santa Clara County Registrar of Voters
canvassed the returns of the November 8, 2016, General Municipal Election, pursuant to Town
Council Resolution No. 2016-031. The Registrar of Voters (ROV) has provided a Certification to
the Results and Canvass of the Election Returns, pursuant to California Elections Code Section
10262.
Pursuant to California Elections Code Section 10263 the Town Council shall adopt a resolution
declaring the results of the election.
The proposed resolution declares Marcia Jensen and Barbara Spector elected to office of
Member of the Los Gatos Town Council for the term ending December, 2020.
PAGE 2 OF 2
SUBJECT: ADOPT A RESOLUTION CERTIFYING THE NOVEMBER 8, 2016 LOS GATOS
GENERAL MUNICIPAL ELECTION AND DECLARING THE ELECTION RESULTS
DATE: NOVEMBER 9, 2016
S:\COUNCIL REPORTS\2016\12-13-16\01 Election Certification\Staff Report.FINAL.docx 12/8/2016 11:20 AM
Additionally, the proposed resolution deems Ordinance No. 2255 “AN ORDINANCE OF THE
TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING PORTIONS OF ARTICLE III OF
CHAPTER 25 of THE TOWN OF LOS GATOS TOWN CODE TO INCREASE THE TOWN'S TRANSIENT
OCCUPANCY TAX RATE FROM 10 PERCENT TO 12 PERCENT, ADDRESS ONLINE TRAVEL
COMPANIES AND OTHER THIRD PARTY BOOKINGS, AND MAKE OTHER CONFORMING CHANGES
SUBJECT TO APPROVAL OF A MAJORITY OF THE ELECTORS VOTING ON THE TAX MEASURE AT
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016;” (Measure
T) adopted and ratified.
The Town received the certification of the November 8, 2016 General Municipal Election from
the Santa Clara County Registrar of Voters on December 8, 2016. The certification information
includes the election results, the total number of votes for two (2) Council Member seats and
the total number of votes for Measure T, and the Statement of Votes Cast (Attachment 2).
COORDINATION:
The preparation of this report was coordinated with the Town Attorney.
FISCAL IMPACT:
The estimated cost to the Town for holding a consolidated election will be available in January
2017. Funds have been allocated in the FY 2016/17 Adopted Budget to cover these expenses.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft resolution certifying the November 8, 2016 General Election
2. Certified Elections Results from the Santa Clara County Registrar of Voters
ATTACHMENT 1
DRAFT RESOLUTION 2016-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DECLARING ELECTION RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON
NOVEMBER 8, 2016 AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
WHEREAS, a General Municipal Election was held in the Town of Los Gatos on Tuesday,
the 8th day of November, 2016; and,
WHEREAS, notice of the election was given in time, form, and manner as provided by
law; that voting precincts were properly established; that election officers were appointed and
that in all respects the election was held and conducted and the votes cast, receive d, and
canvassed and the returns made and declared in time, form, and manner as required by the
provisions of the laws of the State of California, and the Town of Los Gatos; and,
WHEREAS, pursuant to Resolution 2016-031, adopted by the Town Council on June 21,
2016, the Santa Clara County Registrar of Voters, at the direction of the Town Clerk
Administrator of the Town of Los Gatos, canvassed the returns of the election and has certified
the results in accordance with applicable provisions of the California Elections Code to the
Town Council. The results are attached to this resolution as Exhibit A ; and,
WHEREAS, the Statement of Votes Cast and final official summary results (Exhibit B),
attached to the Certification (Exhibit A), show the whole number of votes cast for each
candidate in said Town and in each of the respective precincts ; and,
WHEREAS, the total number of registered voters was ### and the total number of votes
cast in person, absentee, and write-in ballots cast in the Town was #### [% Voter Turnout];
and,
WHEREAS, the General Municipal Election was held for the purpose of electing two
members to the Office of Member of the Los Gatos Town Council, and the submission to the
qualified voters an ordinance regarding the Town’s Transient Occupancy T ax [Measure T]; and
WHEREAS, the names of the persons voted for at the election for the Office of Member
of the Los Gatos Town Council for the term ending December, 2020 are as follows:
MARCIA JENSEN
BARBARA SPECTOR
S:\COUNCIL REPORTS\2016\12-13-16\01 Election Certification\Attachment 1 - Draft Resolution Declaring Results.FINAL.docx 12/7/2016 4:03 PM
WHEREAS, the Town Council pursuant to its right and authority, ordered submitted to the
qualified voters the following question and ordinance [Measure T]:
To maintain quality of life and small town
character in Los Gatos by enhancing traffic
safety and flow; maintaining 911 response,
police services, parks, trails, creeks,
playground equipment and restrooms;
repairing potholes and Town facilities;
beautifying Downtown; providing general
services, shall Los Gatos increase by 2% the
short-term rental tax paid only by
hotel/lodging guests, raising approximately
$350,000 to $400,000 per year with published
annual audits, fiscal oversight, and all funds
spent locally for Los Gatos?
YES ______
NO ______
WHEREAS, the number of votes given at each precinct, the number of votes for each
qualified candidate and Measure T are attached as Exhibit A.
WHEREAS, the Town Council declares and determines that Marcia Jensen and Barbara
Spector were elected to the office of Member of the Los Gatos Town Council for the t erm
ending December, 2020; and,
WHEREAS, the Town Council declares and determines that as a result of the election, a
majority of the voters voting on Measure T relating to the Town’s Transient Occupancy Tax
(TOT) did vote in favor of it, and that Measure T was carried, and shall be deemed adopted and
ratified.
NOW THEREFORE BE IT RESOLVED, that the Mayor and Clerk Administrator are hereby
authorized and directed to execute Ordinance 2255, ‘AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS AMENDING PORTIONS OF ARTICLE III OF CHAPTER 25 of THE
Town of Los Gatos Town CODE TO INCREASE THE TOWN'S TRANSIENT OCCUPANCY TAX RATE
FROM 10 PERCENT TO 12 PERCENT, ADDRESS ONLINE TRAVEL COMPANIES AND OTHER THIRD
PARTY BOOKINGS, AND MAKE OTHER CONFORMING CHANGES SUBJECT TO APPROVAL OF A
MAJORITY OF THE ELECTORS VOTING ON THE TAX MEASURE AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016 ;” and the Clerk Administrator shall
S:\COUNCIL REPORTS\2016\12-13-16\01 Election Certification\Attachment 1 - Draft Resolution Declaring Results.FINAL.docx 12/7/2016 4:03 PM
certify to the passage of Ordinance 2255, by the People of the Town of L os Gatos, enter it into
the book of original Ordinances and cause such Ordinance to be codified in the Los Gatos Town
Code.
PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Los
Gatos, California, held on the 13th day of December, 2016 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: _______________
ATTEST:
CLERK ADMINISTRATOR
LOS GATOS, CALIFORNIA
DATE: ________________
County of Santa Clara
Registrar of Voters
1555 Berger Drive, Bldg. 2
San Jose, CA 95112
Mailing Address: P.O. Box 611360, San Jose, CA 95161 -1360
408) 299 -VOTE (8683) 866- 430 -VOTE (8683) FAX: (408) 998 -7314
w sccvote.org
December 8, 2016 RECEIVED
TOWN OF LOS GATOS
Ms. Shelley Neis DEC - 8 2016
Clerk Adminstrator
Town of Los Gatos ARK DEPARTMENT
110 East Main Street
Los Gatos, CA 95030
RE: Certification of Election Results - November 8, 2016 Presidential General Election
Dear Ms. Neis:
Enclosed are the Certificate of Election Results, Official Results and Statement of Votes
for the contests in your jurisdiction.
Pursuant to Elections Code Section 15400, the Governing Board should accept the
Statement of Votes and Certificate of Election Results, and declare the totals to be the
final results of the election.
Please contact Shui Ling Chu at 408 - 282 -3041 if you have any questions.
Sincerely,
Shannon Bushey
Registrar of Voters
Enclosures
ATTACHMENT
Board of Supervisors: Mike Wasserman. Cindy Chavez, Dave Con,se, Ken Yeager, S. Joseph Simrl ranCountyExecutive: Je Rrev V. Smith ,rj
CERTIFICATE OF ELECTION RESULTS
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA )
I, Shannon Bushey, Registrar of Voters of the County of Santa Clara, State of
California, hereby declare:
I. A Presidential General Election was held in the County of Santa Clara, for
the Town of Los Gatos, on November 8, 2016 for the purpose of electing Two (2) Council Members to the Governing Board.
2. The official canvass of the returns of this election was conducted by theOfficeoftheRegistrarofVotersinaccordancewiththeappropriateprovisionsofthe
Elections Code of the State of California.
3. The Statement of Votes Cast, now on file in my office, shows the number of
votes for each candidate for the Governing Board of the Town of Los Gatos and in
each of the precincts and that the total shown for each candidate are true and correct.
WITNESS my hand and Official Seal this 8th day of December, 2016.
Shannon Bushey, Registrar o oters
EXHIBIT A
CERTIFICATE OF ELECTION RESULTS
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA )
I, Shannon Bushey, Registrar of Voters of the County of Santa Clara, State ofCalifornia, hereby declare:
1. A Presidential General Election was held in the County of Santa Clara, in the
Town of Los Gatos, on November 8, 2016 for the purpose of submitting the followingmeasuretothevoters:
T To maintain quality of life and small town character in Los Gatos by
enhancing traffic safety and flow; maintaining 911 response, police
services, parks, trails, creeks, playground equipment and restrooms;
repairing potholes and Town facilities; beautifying Downtown; providinggeneralservices, shall Los Gatos increase by 2% the short -term rental tax
paid only by hotel /lodging guests, raising approximately $350,000 to
400,000 per year with published annual audits, fiscal oversight, and all
funds spent locally for Los Gatos?
2. The official canvass of the returns of the election was conducted by the Office of
the Registrar of Voters in accordance with the appropriate provisions of the Elections Code
of the State of California.
3. The Statement of Votes Cast, now on file at my office, shows the whole number
of votes cast for Measure T in each of the precincts and the total shown is true and
correct.
WITNESS my hand and Official Seal this 8th day of December, 2016.
Shannon Bushey, Registrar of V rs
GRID, Totals- Pape 54
November 8, 2016 Presidential General EleMlon
Member, Los Gatos Town Council
County of Santa Clara
O
17350 87.5%
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7583
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County of Santa Clara 19838 17350 87.5% 9121
z
4802 7563
U.S. Represenla8ve, Disair018 19838 17350 87.5% 9721 0602 7583
State Senate. District 15 19838 17350 67.5% 9]21 0802 583
State Assembly Distract 28 19838 17350 87.5% 8]21 4802 583
Slate BoaN of Equal Distract 2 19838 17350 8].5% 9]21 4602 583
SupeMSOraal Dis0idl 19838 17350 87.5% B]2t 4802 583
Town of Las Gatos 19838 17350 87.5% 9]21 0802 7583
FM tl I
I WRO1610:5710 AM GRID . TOtels - Pa, 54 Page 1 of 5
November 8, 2016 Presidential General Election
Member, Los Gatos Town Council
I W1201610:5T:10 AM VBM. TMak- Page 5< Page 2 015
November 8, 2018 Presidential General Election
of Los
I I Member, Los Gatos Tovm Council
iW71201610'.57'10 AM PCT. Tolal9- Paoe $1 Page 3 015
November 8, 2016 Presidential General Election
Page 4 015
754 Town of Los Gatos
Member, Las Gatos Town Cavncil
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VBM Repoding 15 11 73.3% 8 311 4
PCT MAIL 3723 PCT Poisoning 53 0 9096 0 0 0
V9M Reponing 53 47 88.7% 27 10 22
POT 3724 PCT sapling 1409 308 21.7% 185 92 104
Vast Reposing 1408 924 65.6% 521 271 413
PCT 3725 PCT Reposing 1430 355 248% 154 80 143
VBM Reponing 1430 876 81.35, 483 235 362
PCT 3726 PCT Reponing 1132 250 22.1% 105 58 99
VBM Pecoraro 1132 648 572% 287 142 306
PCT MAIL 3727 PCT Reposing 5 0 D.D% 0 0 0
VBM RenosiN 5 5 100.0% 1 2 2 4
PCT MAIL 3728 PCT Repodirg 2 0 0.0% D 0 0
VBM Reponing 2 2 100.0% 2 0 i
POT 3729 PCT Reporting 1275 280 20.4% 120 fit 110
VBMRepoding 1275 885 69456 581 210 410
PCT MAIL 3730 PCT Reposing 6 0 D.0% 0 0 0
VBM Repodin0 8 8 iw,o% 6 0 3
PCT 3131 PCT Reponing 755 147 19.5% 73 dd 42
PCT 3731 VBM Reponin0 755 539 71.4% 342 187 240
PCT 3733 PCT Reporting 1284 281 22.2% 141 69
VBM Reposing 1264 821 65.0% 481 231
PCT 3734 PCT Repodilg 589 120 204% 6811 28 142
VBM Reponing 589 395 87.1% 250 131
PCT 3737 POTReponim 1254 206 18.4% 117 58 85
VBM Reposing 1254 923 736% 591 271 396
PCT RAIL 37M
IVOMPCT Reporting 35 0 0.0% 0 0 0
Reporting 35 30 85.7% 19 B 14
PCT MAIL 3739 PCT Papering 25 D oz% 0 D 0
VBM Reponing 25 22 88.0% 15 4 15
PCT 3740 PCT Reponing 1084 236 218% 93 52 4
VBM Reponiy 1084 715 880% 386 207 305
PCT 3741 PCTReponllg 1433 221 15.4% 118 50 87
VBM Reposing 1433 1053 735% 665 288 489
PCT 3744 PCT Reponing 953 224 23.5% 117 53 95
VIM Receding 953 599 82.9% 336 149 2]9
PCT 3745 epo0ilg 1158 206 17.8% 108 51 80
epodilp 1150 847 73.1% 501 198 408
PCT 3745 ecoiling 1271 232 18.3% 102 53 83
eponir0 1271 883 69.5% 478 211 399
PCT MAIL 3751 epodeg 22 0 0.0% 0 0 0
PCT MAIL 3751 epodlyjRening
22 16 72]% 8 2 8
PCT 3757 epodirq B18 164 20.1% Bt 49 67
eppdilg 818 508 82.1% 282 177 235
PCT MAIL 3761 poning 4 0 00% 0 0 0
eponing 4 4 100.0% 1 2 1
PCT 3783 poning 951 168 19.6% 100 35 72
Page 4 015
November 8, 2016 Presidential General Election
54 Town of Los Gatos
Member, Los Gatos Town Council
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951 825 65.7% 390 152 298VHMRepo4inp
PCT 3]6] PCT Rep4ninp 732 201 27.5% 85 40 74
Vass Repwlinp 732 471 84.3% 280 141 224
PCT 3771 PCTRepoMrs 756 182 24.1% 87 41 62
VBM Reppninp 58 488 64.6% 283 129 215
PCT 3F4 PCT Repdir,, 1407 261 186% 1 141 70 91
Vass Rep Mnp 1407 967 68.794 1 50 278 467
GRAND TOTALS 19,838 17,350 87.5% 9,7 21 4,602 7,563
I W=1610:5710 AM PAGE 54 Pape 5015
Write -In Statement of Votes
SANTA CLARA COUNTY
November 8, 2016 Presidential General Election
Member, Los Gatos Town Council
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Page 92 of 122
GRD. Totals- Page 117
November 8, 2016 Presidential General Election
Measure T - Town of Los Gatos - TOT
County of Santa Clara 19838 17350 87.5% 12698 2779
U.S. Representative, District 18 19838 1 30 87.5% 12698 2779
State Senate. District 15 19838 1J %0 87.5% 12698 2779
State Assembly District 28 19838 17350 W.5% 12698 2778
State Board of Equal. Disaid 2 19838 17350 BLS 12888 2779
Supervisonal District 1 19838 17350 BL5% 12898 2779
Town of Los Gatos 19638 17350 87.5% 12698 2779
1 WW 610:5710 AM GRD. Totals Page 117 Page 1 of 5
November 6, 2016 Presidential General Election
I I Measure T - Town of Los Galas - TOT
1 N1201610:571 G AM y6M.Tolals PaBa117 Pape 2 of5
PCT. To1815-Page 117
November S. 2016 Presidential General Election
Measure T - Town of Los Gatos - TOT
County of Santa Clam 19838 404D 20.4% 2778 z 725
U.S. Representative. Distriq 18 19838 4040 20.4% 2778 725
State Senate, Dialect 15 19838 4040 20.4% 2779 725
State Assembly District 28 19838 4040 20.4% 2778 725
State Board or Equal. District 2 19838 4040 20,4% 2778 725
Supervisonal District 1 19838 4040 20,4% 2778 725
Town of Los Gatos 19838 4040 20.4% 2778 725
PNR01810'.57'.10 AM PCT, Totals - Pape 117 Page 3 015
November 8, 2016 Presidential General Election
Measure T - Town of Los Gatos - TOT
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PCT MAIL 3722 PCT Repmli p 15
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PCT MAIL 3723 POT Repining 53 0 00% 0 0
VBM Repodiy 53 47 883% 29 14
PCT 3724 PCT Regaining 1409 306 2t.]% 222 60
VBM Regaining 1409 924 85.8% 1 728 123
PCT 3725 PCT Reeving 1430 355 24.8% 227 71
VBM Reporting 1430 876 61.1 639 157
POT 37211 PCTRepodn8 1 11321 2501 22.1% 180 54
VBM Reporting 1132 648 57.2% 1 471 103
PCT MAIL 3727 PCT Reloading 5 0 00% 0 0
VBM Reporting 5 5 100.0% 4 0
PLT MAIL 3]26 POT Reporting 2 0 0.0% 0 0
VBM Regaining 2 2 100.0% 2 0
PCT 3729 PCT Reporting 1275 260 20.4% 175 52
VBM Repodir, 1275 885 69 d% 648 144
PCT MAIL 3730 PCT Reporting 6 0 00% 0 0
VBM Ripening 6 6 100.0% 5 1
POT 3731 PCTRepoding 755 147 19.5% 95 24
POT 3731 VBM Receding 1 755 539 71.4% 438 61
PCT 3733 PCT Referring 1264 281 22.2% 197 55
VBM Reposing 1284 821 65.0% 588 147
POT 3)34 sing 589 120 20.4% SO 13
ning 589 395 67.1% 282 59
PCT 3737 dinB 1254 208 164% 151 31
ning 1250 923 73.6% 687 145
PCT MAIL 3736 POT rting
Re,ft,N
35 0 00% 0 0
sing 35 30 85.7% 25 1
PCT MAIL 3139 iW 25 0 0.0% 0 0
diy 25 22 88.0% 17 4
PCT 3740 PCT Reporting 1084 23B 21.8% 168 44
VBM Reporting 1084 15 860% 515 132
PCT 3741 PCT RepwOrg 1933 221 15.4% 154 34
VBMReponing 1433 1053 73.5% 777 142
PCT 3744 PCT Receding 953 224 23.5% 159 41
VBM Reporting 953 599 62.9% 451 90
POT 3745 PCT
VBM
RepMitp 1158 208 17.8% 145 35
Reporting 1158 847 731% 655 121
PCT 3746 PCT
VBM
Reporting 1271 232 183% 147 52
Regaining 1271 883 89.5% 642 141
PCT MAIL 3751 POT Repodiiq 22 0 0.0% 0 0
PCT MAIL 3751 VBM Reporting 22 16 727% 12 3
PCT 3757 POT
VBM
Reposng 818 184 20.1 1 128 24
Reporting 818 508 621%1 374 78
PCT MAIL 3761 PCT
VBM
Reigniting 9 0 0.0% 0 0
Reporting 4 q 100.0% 3 1
PCT 3]63 PCT RePoding 951 188 19.8% 124 30
Page 4 of 5
November 6, 2016 Presidential General Election
117 Town of Los Gatos
Measure T - Town of Los Gatos - TOT
1WI2016 I g: 57 : 10 AM PAGE 117 Page 5 of 5
VBM Reporting 951 625 r 65.7% Y 464 z 93
PCT 3767 PCT Reporting 732 201 27.5% 115 39
VBM Reporting 732 471 64.3% 356 74
PCT 3771 PCT Reportirg 756 182 241% 125 31
VBM Reporting 756 488 64.6% 982 76
PCT 3771 PCT Repoeing 1407 261 18.6% 196 35
VBM Reponing 190] 967 687% 736 142
GRANOTOTALS 19,838 17,350 87.5% 12,698 2,779
1WI2016 I g: 57 : 10 AM PAGE 117 Page 5 of 5