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HomeMy WebLinkAboutAGENDA REPORT 2002 0918 CC REG ITEM 11G1TEM I I • U • C!I7t- O ,iOOJRP1RK, CALiF0RNIA C� Council ;Meeting ACTH. ": Cx Stc'a 7 ieC�mm att; MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Julie C.T. Hernandez, Senior Management Analyst -'t, DATE: September 11, 2002 (CC Meeting of 9/18/02) SUBJECT: Consider Resolution No. 2002- Authorizing Access to Sales and Use Tax Records BACKGROUND The State Board of Equalization collects confidential sales and use tax information from local businesses. Access to this information is restricted by Revenue and Taxation Code Section 7056 to officers or employees, and also to contracted firms, of local jurisdictions who are designated by a resolution of the legislative body of the jurisdiction. Resolution 95 -1108, adopted April 5, 1995, was the last update to the list of City officers or employees who are allowed access to this information. As this list is outdated due to changes in City staff position titles and duties, an updated resolution is necessary. DISCUSSION The proposed updated resolution reflects the titles of those City officers or employees who may need access to the confidential sales and use tax information in order to effectively carry out their job duties. It also continues to contain the name of the City's contracted firm, HdL and Associates, that receives, reviews and analyzes this information on the City's behalf. The proposed resolution limits the use of this information to municipal revenue forecasting and verification. Sales Tax Access Resolution 09/11/02 Page 2 of 2 STAFF RECOMMENDATION Approve Resolution No. 2002- updating the list of City positions that are authorized access to confidential sales and use tax records, and rescinding Resolution No. 95 -1108. RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 AND RESCINDING RESOLUTION NO. 95 -1108. WHEREAS, it is necessary for city officials to receive and review sales and use tax information from the State Board of Equalization: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The following City officials are hereby authorized to receive and review sales and use tax information from the State Board of Equalization: Administrative Services Director Assistant to the City Manager /City Clerk Assistant City Manager Budget and Finance Manager City Council Members City Manager Deputy City Manager Economic Development /Redevelopment Manager Finance Officer Senior Management Analyst SECTION 2. The following independent contractor for the City of Moorpark is hereby also authorized to receive and review sales and use tax data received from the State Board of Equalization: Hinderliter, de Llamas & Associates SECTION 3. The City of Moorpark hereby certifies that Hinderliter, de Llamas & Associates: A. Has a current confidentiality contract with the City to receive and examine sales and use tax records; and, Resolution No. 2002 - Page 2 B. Is required by that contract to disclose information contained in or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by the resolution to examine the information; and, C. Is prohibited by that contract from performing consulting service for a retailer during the term of that contract, and, D. Is prohibited by that contract from retaining the information contained in, or derived from, those sales and use tax records after that contract has expired. SECTION 4. Information obtained by examination of Board records shall be used only for purposes related to the collection of local sales and use taxes by the Board for municipal revenue forecasting and verification. SECTION 5. Resolution No. 95 -1108 is hereby rescinded. SECTION 6. The City Clerk shall certify to the adoption of this Resolution, cause a certified resolution to be filed in the book of original Resolutions and send a certified copy to the State Board of Equalization. PASSED AND ADOPTED this 18th day of September, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk