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Staff Report TOTPREPARED BY: STEPHEN CONWAY Finance Director Reviewed by: Assistant Town Manager Town Attorney Finance N:\SHARE\COUNCIL REPORTS\2016\08-02-16\09 TOT\FINAL Staff Report - TOT.docx MEETING DATE: 08/02/16 ITEM NO: 9 COUNCIL AGENDA REPORT DATE: July 26, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ADOPTION OF AN ORDINANCE TO INCREASE TRANSIENT OCCUPANCY TAX FROM 10% TO 12% AND A RESOLUTION TO PLACE A MEASURE INCREASING THE TRANSIENT OCCUPANCY TAX (TOT) FROM 10% TO 12% ON THE NOVEMBER 2016 GENERAL ELECTION BALLOT RECOMMENDATION: 1. Adopt an Ordinance amending portions of Article 26 Chapter III of the Los Gatos Town Code to increase the Town’s Transient Occupancy Tax Rate from 10 percent to 12 percent; address online travel company 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. 2. Approve a Resolution calling for the placement of a general tax measure to be held on November 8, 2016 for the submission of a proposed ordinance amending the Town’s Transient Occupancy Tax Rate from 10 percent to 12 percent, and addressing online travel companies and other third party bookings. 3. Authorize the Mayor to execute any other documents necessary to effectuate the placement of a general tax measure to increase the Town’s Transient Occupancy Tax Rate from 10 percent to 12 percent on the general municipal election to be held on November 8, 2016. BACKGROUND: At its September 15, 2015 meeting, the Town Council reviewed and identified two potential revenue sources for long range capital funding that include exploration of (1) a Transient Occupancy Tax (TOT), and (2) a Utility Users Tax (UUT). The Town Council also established an Ad Hoc Citizen Committee (Committee) consisting of two Council Members and three Los PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPTION OF AN ORDINANCE AND RESOLUTION TO PLACE A MEASURE INCREASING THE TRANSIENT OCCUPANCY TAX (TOT) FROM 10% TO 12% DATE: July 26, 2016 BACKGROUND (Cont’d): Gatos residents to conduct the exploration of the funding options. Following an extensive community-wide recruitment process, resident appointments to the Ad Hoc Committee where made at the October 20 and December 15, 2015 Council meetings. Per Council direction, the Committee was formed to work with Town staff to study the issues for each proposed revenue measure, seek public input through a community survey, and report back to the Council with a recommendation and drafted ballot language, if any. The Committee met five times since its formation, February 4, 18 and 23, March 22 and May 31. The Committee requested information on and discussed financial data from 2007/08 to present, historical information on Town ballot measures, comparable taxes in local jurisdictions as well as the unfunded infrastructure needs of the Town. The Committees focus was on the elements, advantages and disadvantages of both a TOT and UUT measure. On February 18, 2016 the Committee voted 3-2 to submit a recommendation to the Town Council to place a tax measure initiative on the November 2016 general election ballot to increase the Town’s TOT tax by 2% for a total of 12%. The two dissenting members commented that they supported a recommendation to increase the TOT but wanted a 3% increase to a total of 13%. The Committee’s general consensus was that a TOT increase would tax visitors to the Town rather than local residents, having the least impact to local residents. At the June 21, Town Council 2016 meeting, the Town Council directed staff to return to Council for placing of a measure on the November 8, 2016 General Election Ballot approving a 2% increase of the Town’s Transient Occupancy Tax. DISCUSSION: TOT is a general tax imposed on occupants renting or occupying rooms in a hotel, motel, inn or other type of lodging for 30 days or less. TOT rates are set by each city or jurisdiction at their discretion. Some cities offer exemptions to federal and state employees travelling on business. The Town currently collects TOT at a rate of 10% per rental by all entities renting lodging for 30 days or less. Those taxes are remitted monthly or quarterly to the Town and that revenue stream accounts for 3.6% of the General Fund revenues, budgeted $1.9 million for FY 2016/17. The Town of Los Gatos increased the TOT rate from 6.5% to 10% in 1983. The average TOT is 11% in Santa Clara County, with Palo Alto being the highest at 14%, followed by Campbell and Cupertino at 12%,. Santa Clara at 11.5% including 2% Community Facilities District (CFD) with hotel near Levi Stadium, Sunnyvale at 10.5%, and San Jose and Mountain View each at 10%. The City of Gilroy has the lowest TOT at 9%. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPTION OF AN ORDINANCE AND RESOLUTION TO PLACE A MEASURE INCREASING THE TRANSIENT OCCUPANCY TAX (TOT) FROM 10% TO 12% DATE: July 26, 2016 DISCUSSION (Cont’d): On November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election To address a concern about capturing TOT through online booking of rooms, the proposed ordinance amends the Town of Los Gatos Municipal Code to allow for the imposition and collection of the TOT on the full rent charged to a guest for hotel occupancy, whether the occupancy is booked directly by the guest, through the guest’s employer or agent, or through online travel companies which enable guests to purchase occupancy via the Internet, or by similar electronic means. In order to increase TOT, the Town must hold an election at the same time that an election is held where members of the Town Council will be elected. In addition, pursuant to State law, any increase of the tax rate must first be approved by a 2/3 vote (4 members) of the Town Council and then a majority vote of the Town’s voters who vote at a regular Municipal Election. Attached hereto is the draft ordinance which will increase the Town’s existing Transient Occupancy Tax by 2% (from 10% to 12%), placing the ordinance on the ballot for the November 8, 2016 election. The Town Council must also adopt the draft Resolution calling for an election on the proposed tax. The resolution calling the election must include the type of tax, the tax rate, the method of collection, and the date of the election. The resolution may also direct the Town Attorney to prepare an impartial analysis of the proposed tax and may include reference to procedures for submitting arguments and rebuttal arguments both supporting and opposing the proposed tax. In order to meet the deadline for the November 8, 2016 General Municipal Election, Council needs to take the actions by August 12, 2016 calling for the measure to be placed on the November 8, 2016 ballot. The Council also must decide which of the following ballot language it desires to be on the ballot:  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 and short term renters, raising approximately $350,000 to $400,000 per year with published annual audits, fiscal oversight, and all funds spent locally for Los Gatos? PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: ADOPTION OF AN ORDINANCE AND RESOLUTION TO PLACE A MEASURE INCREASING THE TRANSIENT OCCUPANCY TAX (TOT) FROM 10% TO 12% DATE: July 26, 2016 DISCUSSION (Cont’d):  Shall an Ordinance be adopted to amend the Los Gatos Town Code to increase the Town Of Los Gatos Transient Occupancy Tax, imposed on occupants of short term rentals such as hotel rooms, from ten percent (10%) to twelve percent (12%), which proposed rate increase is anticipated to raise an additional $350,000 to $400,000per year and which will continue until repealed by the Town Council or the town voters?  Shall an ordinance be adopted to increase the rate of the Town’s existing Transient Occupancy Tax from ten percent (10%) to twelve percent (12%)?  To provide local funding the State cannot take away and to supplement Town funds for essential services such as 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 the Town’s existing Transient Occupancy Tax, also known as a hotel tax paid only by hotel guests, be increased by 2% subject to audit and all funds staying local?  Shall an ordinance amending the Los Gatos Town Code be adopted to increase the rate of the Transient Occupancy Tax from 10% to 12%, and to apply the Tax to all rent charged by hotel operators to help maintain general Town services such as police protection, street operations and maintenance, and library and, park services? CONCLUSION Staff recommends that the Town Council adopt the Ordinance and Resolution calling for an election on the proposed Transient Occupancy Tax rate increase. COORDINATION: This report was coordinated with the Town Manager’s Office, the Town Attorney’s Office, and the Finance Department. FISCAL IMPACT: Total election costs for the Town for two Council seats and one six-page ballot measure to be placed on the November 8, 2016 General Election ballot is estimated to be approximately $90,511. If the Council decides to move forward with the Transient Occupancy Tax ordinance and voters pass the measure, the Town would expect to receive approximately $350,000 – $400,000 TOT revenue annually. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: ADOPTION OF AN ORDINANCE AND RESOLUTION TO PLACE A MEASURE INCREASING THE TRANSIENT OCCUPANCY TAX (TOT) FROM 10% TO 12% DATE: July 26, 2016 ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Draft Ordinance 2. Draft Resolution Page 1 of 4 Attachment 1 ORDINANCE NO. 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 WHEREAS, pursuant to California Revenue and Taxation Code §§ 7280 et seq., the Town of Los Gatos ("Town") has the authority to levy a transient occupancy tax ("TOT") upon the privilege of occupying a hotel, as defined in the Section 25.30.010 of the Los Gatos Town Code, for a period of 30 days or less; and WHEREAS, the TOT is a general tax the proceeds of which are deposited into the Town’s General Fund. The General Fund pays for essential Town services such as police protection, street operations and maintenance, library services, parks services and general municipal services to the public; and WHEREAS, the Town further desires to amend the Los Gatos Town Code to allow for the imposition and collection of the TOT on the full retail rent charged to a guest for hotel occupancy, whether the occupancy is booked directly by the guest, through the guest's employer or agent, or through online travel companies that enable guests to purchase occupancy via the Internet, or by similar electronic means; WHEREAS, the Town wishes to increase its TOT from the existing 10 percent to 12 percent, subject to voter approval, for general purposes; WHEREAS, the proposed TOT increase to 12% and other proposed TOT amendments will be submitted to the voters at the General Municipal Election on November 8, 2016. NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Los Gatos Town Code Chapter 25 Article III – Transient Occupancy Tax is hereby amended to read as follows: Sec. 25.30.010. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Page 2 of 4 Hotel means any structure, or any portion of any structure, which is occupied or intended to be designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. Occupancy means the use or possession, or the right to the use or possession, of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. Operator means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs the operator's functions through a managing or booking agent of any type or character other than an employee, including but not limited to an online travel company the managing/booking agent shall also be deemed an operator for the purposes of this article, and shall have the same duties and liabilities as the managing agent's principal. Compliance with the provisions of this article by either the principal or the managing/booking agent shall, however, be considered to be compliance by both. Online Travel Company means any person, whether operating for profit or not for profit, which enables transients to purchase occupancy of space in a hotel via the Internet, or by similar electronic means. Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. Rent means the total consideration charged, to the transient, (including but not limited to, room rates, service charges, retail markup, commissions, processing fees, cancellation charges, attrition fees or online booking fees), whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Tax Administrator means the Finance Director of the Town. Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portion of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired, unless there is an agreement in writing between the operator and the Page 3 of 4 occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this article may be considered. Sec. 25.30.015. - Tax imposed; when payable. (a) For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten twelve (10 12) percent of the rent charged by the operator. Such tax constitutes a debt owed by the transient to the Town, which is extinguished only by payment to the operator or to the Town. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. SECTION II The Town Council finds and determines that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the proposed Town Code text amendments will have no significant negative effect on the environment. SECTION III If any provision of this ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The Town Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION IV Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. SECTION V This ordinance relates to the levying and collecting of the Town transient occupancy tax ("TOT") and shall take effect only if approved by a majority of the voters voting on the measure Page 4 of 4 at the November 8, 2016 General Municipal Election and shall become effective ten (10) days after the City Council declares and certifies by resolution the results of the election and that the measure was approved by a majority of the voters voting thereon. This Ordinance shall take effect thirty (30) days after its adoption. SECTION VI This Ordinance was passed and adopted by at least two-thirds vote by the Town Council of the Town of Los Gatos at a regular Town Council meeting held on August 2, 2016. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 1 of 5 Attachment 2 RESOLUTION 2016- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CALLING FOR PLACEMENT OF A GENERAL TAX MEASURE TO BE HELD AT THE NOVEMBER 8, 2016 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE TOWN’S TRANSIENT OCCUPANCY TAX (TOT) BY INCREASING THE RATE FROM 10% TO 12% AND ADDRESSING ONLINE TRAVEL COMPANIES AND OTHER THIRD PARTY BOOKINGS WHEREAS, pursuant to Section 9222 and 10201 of the California Elections Code, the Town Council has authority to place propositions on the ballot to be considered at a Municipal Election; and WHEREAS, pursuant to Article III of Chapter 25 of Town of Los Gatos Municipal Code (Section 25.20.010 through Section 25.20.080), the Town currently imposes a Transient Occupancy Tax (“TOT”) at the rate of ten percent (10%) upon guests of hotels and other transient accommodations within the Town; and WHEREAS, the Town Council desires to amend the Town of Los Gatos Municipal Code to increase the rate of the TOT from ten (10%) to twelve percent (12%); and WHEREAS, the Town Council desires to amend the Town of Los Gatos Municipal Code to allow for the imposition and collection of the TOT on the full rent charged to a guest for hotel occupancy, whether the occupancy is booked directly by the guest, through the guest’s employer or agent, or through online travel companies which enable guests to purchase occupancy via the Internet, or by similar electronic means; and WHEREAS, the TOT is a general tax the proceeds of which are deposited int o the Town’s General Fund. The General Fund pays for essential Town services such as police protection, street operations and maintenance, library services, parks services and general municipal services to the public; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and WHEREAS, the amendments proposed in the attached ordinance which increase the rate of the TOT constitute a tax “increase” subject to Proposition 218; and WHEREAS, the amendments proposed in the attached ordinance which apply the TOT rate to the total rent charged to a guest for occupancy in a hotel (including any retail markup and other charges imposed through purchase of occupancy through an employer, agent or on -line Page 2 of 5 travel company) may also be characterized as an “increase” in the TOT under Proposition 218; and WHEREAS, pursuant to Proposition 218 (California Constitution Article XIIIC, §2(b)), any election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, pursuant to the Town of Los Gatos Municipal Code Section 2.30.010 and Government Code Section 36503.5, general municipal elections in the Town shall be held on the day of the statewide general election. Therefore, the next regularly scheduled General Municipal Election for the election of members of the Town Council will be held on Tuesday, November 8, 2016; and WHEREAS, pursuant to California Election Code 9222, the Town Council desires to submit to the voters at the November 8, 2016 General Municipal Election one ballot measure deciding whether an Ordinance shall be adopted to increase the rate of a general tax in the Town, namely, the Transient Occupancy Tax from 10 % to 12%. WHEREAS, pursuant to Government Code §53724 (“Proposition 62”), a two thirds (2/3) vote of the Town Council is required to place the Measure on the November 8, 2016 ballot. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Findings. The Town Council finds that all of the preceding recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the Town Council as if fully set forth herein. SECTION 2. By adoption of Resolution No. 2016-031 on June 21, 2016, the Town Council has called and given notice of a General Municipal Election to be held on Tuesday, November 8, 2016 in the Town of Los Gatos, County of Santa Clara, for the election of two members of the Town Council for a term of four years. SECTION 3. Submission of Measure. Pursuant to Government Code, §53724 and any other applicable requirements of the laws of the State of California relating to general law cities, the Town Council, by a two-thirds (2/3) supermajority vote, hereby orders the ordinance attached hereto as Exhibit "A" and by this reference incorporated herein and made an operative part hereof, to be submitted to the voters of the Town at the General Municipal Election to be held on Tuesday, November 8, 2016. SECTION 4. The ballot proposition shall be presented and printed upon the ballot submitted to the voters in the manner and form set forth in this Section 4. On the ballot to be submitted to the qualified voters at the Town General Municipal Election to be held on Tuesday, November 8, 2016, in addition to any other matters required by law, there shall be printed substantially the following: Page 3 of 5 (Town Council to select Ballot language at the meeting) YES ______ NO ______ SECTION 5. Conduct of Election. The Town Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of Election. Notice of the time and place of holding the election is hereby given, and the Town Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. Impartial Analysis. Pursuant to California Elections Code §9280, the Town Council hereby directs the Town Clerk to transmit a copy of the measure as set forth herein 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 within fourteen (14) days following the adoption of this Resolution. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the Town Council. In the event the entire text of the Measure is not printed on the ballot, or in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than10-font type, the following: “The above statement is an impartial analysis of Ordinance or Measure “A”. If you desire a copy of the ordinance or measure, please call the election official’s office at (insert phone number) and a copy will be mailed at no cost to you.” SECTION 8. Written arguments may be filed in favor or against the measures pursuant to §9282 of the Elections Code. Rebuttal arguments may be submitted as provided for in §9285 of the Elections Code. SECTION 9. Ballot Argument. Members of the Town Council are hereby authorized to submit a ballot argument for the measure pursuant to Article 4 of Chapter 3 of Division 9 of the California Elections Code. SECTION 10. Rebuttal Argument. Pursuant to Section 9285 of the Elections Code of the State of California, when the Town Clerk has selected the arguments for and against a Town measure which will be printed and distributed to the voters, the Clerk 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 a majority of the authors, may prepare and submit rebuttal arguments not exceeding 250 words or may authorize, in writing, others to submit a rebuttal argument. The rebuttal arguments shall be filed with the Town Clerk, accompanied by the printed names(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 pri nted name and signature of at least one of its principal officers, not more than ten (10) days after the Page 4 of 5 final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. All previous resolutions providing for the filing of the rebuttal arguments for Town measures are repealed. The provisions of the Section 9 shall apply only to the Election of November 8, 2016 concerning the ballot Proposition set forth in this Resolution and shall then be repealed. SECTION 11. As the Town has requested the consolidation of the general elections from Santa Clara County, the Santa Clara County Clerk shall fix the dates for submittal of arguments concerning the measure and rebuttal arguments. SECTION 12. Other Acts. The Mayor and all other officers of the Town are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents that they may deem necessary or advisable in order to complete the process for placing the proposition on the November 8, 2016 ballot. SECTION 13. Certification. The Town Clerk shall certify to the adoption of this Resolution. SECTION 14. Filing with County. The Town Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on November 8, 2016, file with the Board of Supervisors and the County Clerk – Registrar of Voters of the County of Santa Clara, State of California, a certified copy of this Resolution. SECTION 15. Public Examination. Pursuant to California Elections Code §9295, this measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the sample ballot. The examination period will end on the day that is seventy-five (75) days prior to the date set for the election. The Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 2nd day of August, 2016 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Page 5 of 5 MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA