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Desk Item PREPARED BY : ROBERT SCHULTZ Town Attorney Reviewed by: Town Manager, Assistant Town Manager and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 40 8 -354 -68 32 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 6 /5 /2018 ITEM NO: 17 DESK ITEM D ATE : JUNE 4 , 2018 TO : MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER ROBERT SCHULTZ, TOWN ATTORNEY SUBJECT: ADOPTION OF 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 AND INTRODUCTION OF AN ORDINANCE OF THE TOWN OF LOS GATOS, CALIFORNIA IMPOSING A GENERAL TRANSACTIONS AND USE TAX REMARKS : The Tax Fairness, Transparency and Accountability Act of 2018 is a n initiative which is currently gathering signatures for the November ballot. The initiative would increase the threshold for passing any new tax or tax hike to two -thirds of voters or an elected body. If the measure qualifies for the November ballot it would greatly interfere with local control and limit the Town’s ability to pass taxes; or even raise fees without elections. The League of California Cities is opp osed to the initiative and the Town has written a letter in opposition. The Tax Fairness, Transparency and Accountability Act of 2018 states that i f the revenue from a tax can be spent for unrestricted general revenue purposes, then a statement that the t ax revenue can be spent for "unrestricted general revenue purposes" shall be included in the ballot question presented to voters. The Town has consulted with outside legal counsel with expertise in elections and taxes and suggests that the Town use the fo llowing additional language in the ballot question : PAGE 2 of 2 SUBJECT: ADOPTION OF A RESOLUTION SUBMITTING A LOCAL GENERAL REVENUE TAX MEASURE TO THE VOTERS AND INTRODUCTION OF AN ORDINANCE OF THE TOWN OF LOS GATOS, CALIFORNIA IMPOSING A GENERAL TRANSACTIONS AND USE TAX JUNE 4, 2018 S:\COUNCIL REPORTS \2018 \06 -05 -18 \17 Sales Tax Ordinance \Desk Item.FINAL.docx “Shall the measure to fund essential Town services such as maintaining neighborhood police patrols; improving traffic flow to reduce congestion; repairing potholes and fixing neighborhood streets, and maintaining the Town’s long -term financial stability an d other unrestricted general revenue purposes , shall a one -eighth 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 adop ted?” YES NO Staff recommends that when you move for adoption of the Resolution you include the language “unrestricted general revenue purposes ” referenced above. Adding this additional language will provide the Town with a be st possible legal position should The Tax Fairness, Transparency and Accountability Act of 2018 pass in November.