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Staff Report PREPARED BY: ROBERT SCHULTZ Town Attorney Reviewed by: Town Manager, Assistant Town Manager, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/18/2018 ITEM NO: 13 DATE: DECEMBER 13, 2018 TO: MAYOR AND TOWN COUNCIL FROM: ROBERT SCHULTZ, TOWN ATTORNEY SUBJECT: ADOPT A RESOLUTION ESTABLISHING A SALES TAX OVERSIGHT COMMITTEE RECOMMENDATION: Adopt a Resolution establishing a Sales Tax Oversight Committee in accordance with the provisions of Section 2.60.140 of Ordinance 2274. BACKGROUND: Los Gatos voters approved Measure G at the November 6, 2018 election. The passage of Measure G added Chapter 2.60 of the Los Gatos Town Code establishing a one eighth cent (0.125%) transactions and use tax. The tax will remain in effect for 20 years. DISCUSSION: The approved ordinance requires the establishment of a Citizens’ Oversight Committee. The ordinance language is as follows: Sec. 2.60.140. Citizens’ oversight and annual audit. A. There shall be a committee appointed by the Town Council to review and report on the receipt of revenue and expenditure of funds from the tax authorized by this chapter (“revenues and expenditures”). The number, qualifications and duties of Committee members shall be established by ordinance or resolution of the Town Council. PAGE 2 OF 2 SUBJECT: ADOPT A RESOLUTION ESTABLISHING A SALES TAX OVERSIGHT COMMITTEE DATE: DECEMBER 13, 2018 S:\COUNCIL REPORTS\2018\12-18-18\Sales Tax\Staff Report.docx DISCUSSION (continued): B. Beginning with the fiscal year that ends June 30, 2019, the Town’s independent auditors shall, as part of their annual audit of the Town’s financial statements, review the collection and expenditure of revenue from the tax authorized by this chapter. The auditors’ review shall be a public document. The committee shall annually review the auditors’ findings and report in writing to the Town Council regarding the auditors’ findings regarding the revenues and expenditures. The Committee’s statement shall be transmitted to the Town Council for consideration at a public meeting. As stated above, the Town Council determines the size, composition and duties of the Oversight Committee. The typical size for a committee of this nature is from five to nine members with the number varying depending on the size of the municipality, scope of the tax measure and other factors. Based on the various constituencies and stakeholders in Los Gatos, a committee size of seven members would provide for a reasonable and sufficient number of members. The resolution (Attachment 1) establishes the “Los Gatos Sales Tax Oversight Committee.” It also specifies the composition and duties of the Committee. CONCLUSION: Council should move for the adoption of the attached Resolution. Attachments: 1. Draft Resolution establishing a Sales Tax Oversight Committee