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Addendum PREPARED BY: STEPHEN CONWAY Finance Director Reviewed by: Town Manager and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/06/2016 ITEM NO: 5 ADDENDUM DATE: DECEMBER 5, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ACCEPT THE COUNCIL FINANCE COMMITTEE’S RECOMMENDATION TO RECEIVE THE FISCAL YEAR 2016/17 FIRST QUARTER BUDGET PERFORMANCE AND STATUS REPORT FOR THE PERIOD JULY 1, 2016 – SEPTEMBER 30, 2016 REMARKS: Below are responses to a Council Member’s inquiries for this agenda item. 1. How does the Town Council show its intent for committed and assigned fund reserve classifications? The Town’s fund reserves are classified either as restricted, committed, assigned , or unassigned. Restricted means that use of the funds is restrained by external, enforceable agreements. For instance, the Town’s Gas Tax funds are restricted fund balance f or street purposes due to State law and this fund is separate from the General Fund. Currently, there are no restricted reserves in the Town’s General Fund. Committed fund balances are balances constrained by the governing body in a formal action , such as a resolution. For example, the Town’s Fund Reserve Policy specifies that 25 percent of the current Fiscal Year General Fund operating budget expenditures be reserved for budget stabilization and catastrophic events. Due to the specific amount described in the Policy, the recommended categorization is labeled as committed fund balance. Assigned fund balances are amounts constrained by the governing body’s intent to use them for specific purposes. Assigned amounts require less formality and there are no specific dollar targets established to consider them as committed. The Reserve for CalPERS is an example of this subtle difference between assigned and committed reserves. According to the June action, PAGE 2 OF 2 SUBJECT: FISCAL YEAR 2016/17 FIRST QUARTER BUDGET PERFORMANCE AND STATUS REPORT FOR THE PERIOD JULY 1, 2016 – SEPTEMBER 30, 2016 DATE: DECEMBER 6, 2016 S:\COUNCIL REPORTS\2016\12-06-16\05 FY 2016-17 First Quarter Budget Report\05 Addendum FINAL.docx 12/5/2016 3:37 PM SLL REMARKS (Cont’d): Council directed staff to establish a CalPERS Reserve of up to $2.5 million from FY 2014/15 revenues above expenditures. Because Council has expressed an intent for this reserve to be established, but has not established a certain amount, staff recommends it be categorized as assigned. Unassigned fund balances represent amounts of excess reserves for which no specific int ent has been established, and these balances are considered surplus amounts available for any legal government purpose. These assignments have been reviewed and confirmed with the Town’s third party auditor. 2. Please define “triple flip.” In March 2004, California voters approved Proposition 57, the California Economic Recovery Bond Act, which authorized the issuance of up to $15 billion in bonds to close the State’s budget deficit. $10.9 billion of these bonds were issued in 2004 and the remainder in 2008. To guarantee bond repayment, the State promulgated Revenue and Taxation Code Section 6201.5 which established an excise tax equal to one-quarter percent (0.25%) of the sales price of property subject to the state’s sales and use tax and simultaneously lowered the Bradley - Burns Uniform Sales Tax (1%) rate by one-quarter percent (0.25%) to three-fourths of one percent (0.75%). The bonds are repaid from the 0.25% excise tax plus transfers from the Budget Stabilization Account (BSA), a special reserve established in the State’s General Fund approved by Proposition 58. The quarter-percent reduction in local sales tax is recovered through a series of revenue swapping procedures. These exchanges are referred to as the “triple flip.” The triple flip continued until the Economic Recovery Bonds were recently retired. As a result of the swapping of revenues, there was a final “catch-up” payment received by the Town in August 2016. Attachments (previously received with December 6, 2016 Staff Report): 1. Budget Performance Report for the Three Months Ending September 30, 2016. 2. Public comment received before and after 11 a.m. on November 21, 2016 3. Staff Responses to Questions posed in Public Comments