09 Attachment 7 - Public Comment Received after 1101 Friday December 11 2020 and before 1101 Monday December 14 20202
called “Measure G 2018 District Sales Tax” with the following description - “assigned fund balance
will be used to track receipt and use of the 1/8 cents District tax funds collected by the Town”. It is
also noted that the balance in the assigned reserve is $1,181,162 as of June 30, 2020.
While this disclosure is helpful, it does not fully comply with Measure G since there is no discussion
as to the “collection and expenditure of revenue from the tax authorized by this chapter”. What is
presented is one number, the fund balance of $1,181,162, which represents a balance that has been
established by the Town Manager. There is no disclosure as to why that is the correct number or how
it was determined. We wish to remind this Council of the legal obligation to disclose annually how
much money the Town received and where the Town spent those sales tax receipts. When can the
voters expect the auditor to issue the “findings” required by the Ordinance?
The same section of the Ordinance requires “the committee” to review the “auditor’s findings”. This
has not occurred since there has not been a meeting of the Sales Tax Oversight Committee since
December 2019. To complicate the matter, Measure A is now legally in effect and requires the new
Finance Commission to assume the duties of the disbanded Sales Tax Oversight Committee,
including reviewing the “auditor’s findings” and advising the Town Council on whether expenditures
meet the Town Council’s objectives for the tax.
We understand that the new Finance Commission will be appointed during the month of January.
Once that has happened, when can we expect the Finance Commission to review the “auditor’s
findings” and advise the Town Council on whether expenditures meet the Town Council’s objectives
for the tax?
If the Council decides to move forward with agenda item #9 to receive the FY 2020 CAFR and adopt
a resolution confirming the fund balances, we strongly suggest that this accomplished with a
conditional statement that the auditor produce the “findings” as required by the Sales Tax Ordinance
and the new Finance Commission review that report as soon as practical in accordance with newly
enacted Measure A. Given that both Measures were approved by voters, we think it is in the best
interest of the Town Council to guarantee that the will of the people is fully honored.
Thank you.
Jak Van Nada
Los Gatos Community Alliance