Attachment 11 of 4
Resolution 20 18 - June 5, 2018
RESOLUTION NO. _______
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS , CALIFORNIA,
SUBMITTING A LOCAL GENERAL REVENUE TAX MEASURE TO THE VOTERS
AT THE TUESDAY, NOVEMBER 6, 2018, GENERAL MUNICPAL ELECTION
WHEREAS, Town of Los Gatos residents have indicated that the quality of life in Los Gatos is
highly valued; and
WHEREAS, the Town of Los Gatos has over $70 Million in unmet infrastructure needs for
projects such as pothole, street, and road repair, the proper maintenance of which are
important to maintaining local property values and quality of life; and
WHEREAS, the Town seeks to not only maintain, but enh ance neighborhood police patrols
and local crime prevention programs, both of which are priorities identified by the public; and
WHEREAS, the Town also seeks to improving traffic flow to reduce traffic congestion ; and
WHEREAS, Revenue & Taxation Code § 7285.9 authorizes the Town Council to levy a
transactions and use tax for general purposes, if the ordinance proposing that tax is approved
by a two -thirds vote of all members of the Town Council and by a majority of the qualified
voters of the Town voti ng in an election on the issue; and
WHEREAS, locally -enacted funding sources such as a voter -approved sales tax are not
subject to seizure by the State, and must be spent in Los Gatos to maintain its local services;
and
WHEREAS, the Town Council has, by a two -thirds vote of all its members, approved the
Town o f Los Gatos Transactions and Use Tax Ordinance of 201 8 (the "Ordinance"), attached as
Exhibit A to this resolution and incorporated by reference. All references to the "Board of
Equalization" in the Ordinance shall include any successor organization responsible for
administration of the Tax; and
WHEREAS, the Ordinance imposes a one -eighth of one percent (0.125%) T ransactions and
U se T ax (the "Tax") to be collected as set forth in the Ordinance; and
WHEREAS, the Ordinance requires Independent Citizens Oversight, mandatory financial
audits, and yearly reports to the community to ensure funds are spent as promised and would
sunset in 20 years; and
WHEREAS, the Tax must be approved by the electorate to be effective; and
ATTACHMENT 1
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Resolution 20 18 - June 5, 2018
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, an election shall be held on November 6 , 201 8 , for the submission to the voters of a
question relating to a one -eighth of one percent (0.125%) T ransac tions and U se T ax (the "Tax");
and
WHEREAS, it is desirable that the election be consolidated with the statewide election to be
held on the same date, and that within the Town , the precincts, polling p laces, and election
officers of the two elections be the same; and
NOW THEREFORE, BE IT RESOLVED, that the T own Council order s as follows:
Section 1. The Town Council hereby submits the proposed ordinance set forth in Exhibit A,
attached hereto and incorporated in this Resolution by this reference, to the qualified voters of
the Town at the Election , and orders that a proposition shall appear on the ballot in the
following form :
“Shall the measure t o fund essential Town services such as
maintaining neighborhood police patrols; improving traffic flow to
reduce congestion; repairing potholes and fixing neighborhood
streets;AandAmaintainingAtheATown’sAlong -term financial stability, shall
a one -eight h cent ($0.125%) sales tax for 20 years, providing about
$800,000 annually, requiring Independent Citizens Oversight with
public review of spending, and all revenues controlled locally be
adopted ?”
YES
NO
The measure requires a simple majority of the voters voting on the proposed ordinance to pass.
Section 2 .AThatAtheA“fullAtext”AofAtheAproposedAordinanceAshallAappearAinAtheAVoterAInformationA
Pamphlet.ATheA“fullAtext”AofAtheAproposedAordinanceAisAattachedAtoAt hisAresolutionAasA“ExhibitA .”A
Section 3 . The Town Clerk Administrator shall transmit a copy of the Measure to the Town
Attorney. The Town Attorney shall prepare an impartial analysis of the Measure, not to exceed
500 words in length, showing the effect of the Measure on the existing law and the operation
of the measure, and transmit such impartial analysis to the Town Clerk Administrator within ten
(10) days of the adoption of this Resolution.
Section 4. The Town Council authorizes members of that body collectively or individually , or
any Los Gatos v oter or bona fide association of citizens or combination of voters and
associations to submit a written argument for or against the measure. Such argument, whether
in favor or against, shall not exceed 300 words and be accompanied by th e printed name(s) and
signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the
name of the organization, and the printed name and signature of at least one of its principal
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Resolution 20 18 - June 5, 2018
officers. Primary arguments in favor of and a gainst the measure must be submitted to the Town
Clerk Administrator by 5:00 p.m. on August 9 , 201 8 . In the event that more than one written
argument is filed in favor of or against the measure, the Town Clerk Administrator shall select
one of the multiple arguments in accordance with the provision of Elections Code Section 9287.
Section 5 . Pursuant to Elections Code Section 9285, when the Town Clerk Administrator has
selected the arguments for and against the Measure which will be printed and distributed to
the voters, the Town Clerk Administrator shall send copies of the argument in favor of the
Measure to the authors of the argument against, and copies of the argument against to the
authors of the argument in favor. The authors or persons designated by them may prepare and
submit rebuttal arguments not exceeding 2 50 words. The rebuttal arguments shall be filed with
the Town Clerk Administrator by August 16 , 2018 at 5:00 p.m. Rebuttal arguments shall be
printed in the same manner as the direct arguments. Each rebuttal argument shall immediately
follow the direct argument which it seeks to rebut. This Section shall apply only to the election
to be held on November 6, 2018, and shall then be repealed.
Section 6 . 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 Registr ar
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 Registr ar of Voters of the
County of Santa Clara shall be reimbursed for all costs incurred by said services.
Section 7 . Pursuant to Elections Code commencing with Section 10400, the Town Council
hereby requests the Board of Supervisors of the County of Sa nta Clara to order the
consolidation of the general municipal election to be conducted within the boundaries of the
Town of Los Gatos on November 8 , 201 6 , 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
t he statewide general election and acknowledges that the consolidated election will be held
and conduc ted in the manner p rescribed in Section 10418.
Section 8 . The Town Clerk Administrator is hereby authorized and directed to publish a notice
of the general municipal election within the time and in the manner specified in the Elections
Code Section 1211 2 . The Town Clerk Administrator is further authorized and directed to do all
other things required by law to hold the general municipal election above provided.
Section 9 . The Town Clerk Administrator 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 of Santa Clara and to the Registrar of Voters of the County of Santa Clara.
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Resolution 20 18 - June 5, 2018
Section 10 . That the Town Manager is authorized to negotiate and execute an agreement with
the Board of Equalization in accordance with Revenue and Taxation Code Section 7270 to
perform all functions incident to the administration and operation of the ordinance if adopted.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos
this 5 th day of June, 201 8 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________