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