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2016-043 - Calling for a general tax measure to be placed on the November 8, 2016 Ballot to increase the TOTRESOLUTION 2016 -043 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 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, 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 1 of 5 Resolution 2016 -043 August 2, 2016 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 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. The full text of the ordinance shall not be printed in the voter ballot pamphlet materials, but copies of the measure shall be available from the Town Clerk. 2of5 Resolution 2016 -043 August 2, 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: 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; YES NO 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? This question requires the approval of a majority of those casting votes. 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." 3of5 Resolution 2016 -043 August 2, 2016 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 printed name and signature of at least one of its principal officers, not more than ten (10) days after the 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. 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 Registrar 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 Registrar of Voters of the County of Santa Clara shall be reimbursed for all costs incurred by said services. SECTION 12. Pursuant to Elections Code commencing with Section 10400, the Town Council hereby requests the Board of Supervisors of the County of Santa 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, 2016, 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 the statewide general election and acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418. SECTION 13. 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. 4of5 Resolution 2016 -043 August 2, 2016 SECTION 14. Certification. The Town Clerk shall certify to the adoption of this Resolution. SECTION 15. 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 16. 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: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector NAYS: None ABSENT: None ABSTAIN: None ATTEST: *CL" IL61 CLERK ADMIN RA OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: �(8 ► co LOS GATOS 5 of 5 Resolution 2016 -043 August 2, 2016