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HomeMy WebLinkAboutAGENDA REPORT 2024 0306 CCSA REG ITEM 10FCITY OF MOORPARK, CALIFORNIA City Council Meeting of March 6, 2024 ACTION ADOPTED RESOLUTION NO. 2024-4229. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. F. Consider Resolution Amending Authorized Access of City Officials to Sales and Use Tax Records and Rescinding Resolution No. 2008-2760. Staff Recommendation: Adopt Resolution No. 2024-4229 and rescinding Resolution No. 2008-2760. (Staff: Ky Spangler, City Clerk) (ROLL CALL VOTE REQUIRED) Item: 10.F. Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Ky Spangler, City Clerk DATE: 03/06/2024 Regular Meeting SUBJECT: Consider Resolution Amending Authorized Access of City Officials to Sales and Use Tax Records and Rescinding Resolution No. 2008-2760 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 and employees, and also to contracted firms, of local jurisdictions who are designated by resolution of the legislative body. DISCUSSION Resolution No. 2008-2760, adopted October 15, 2008, was the last update to the list of City officers or employees who are allowed to access this information. As this list has become outdated as a result of changes in City staff positions, titles, and duties, an updated resolution in necessary. The following revisions have been made to add or delete positions as a result of organizational changes with additions shown in bold and deletions in strikethrough: Administrative Services Director Assistant City Manager Assistant to the City Manager Budget and Finance Manager City Manager Community Development Director Deputy City Manager Economic Development Manager Finance/Administrative Services Manager Finance Director Finance /Accounting Manager Mayor and City Council Members Planning Director Redevelopment Manager 241 Honorable City Council 03/06/2024 Regular Meeting Page 2 The proposed updated resolution reflects the titles of those City officers or employees who may need access to the confidential sales and use take information in order to effectively carry out their job duties. It also continues to contain the name of the City’s contracted firm, Hinderliter, de Llamas and Associates, that receives, reviews, and analyzes this data on the City’s behalf. The proposed resolution limits the use of this information to municipal revenue forecasting and verification. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Adopt Resolution No. 2024-____ and rescinding Resolution No. 2008-2760. Attachment: Draft Resolution No. 2024-____ 242 RESOLUTION NO. 2024-____ 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. 2008-2760 WHEREAS, it is necessary for City officials to receive and review sales and use tax information from the State Board of Equalization; and WHEREAS, on October 15, 2008, the City Council adopted Resolution No. 2008- 2760 identifying City officials authorized to receive and review sales and use tax information; and WHEREAS, based on organizational changes, the list of authorized City officials requires revision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE 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 City Manager Assistant to the City Manager Budget and Finance Manager City Manager Community Development Director Economic Development Manager Finance/Administrative Services Director Finance Director Mayor and City Council Members SECTION 2. The City Manager may choose to designate other City Officials other than those listed above. SECTION 3. The following independent contractor for the City of Moorpark is hereby also authorized to receive and review sales and use tax date received from the State Board of Equalization: Hinderliter, de Llamas & Associates SECTION 4. 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 ATTACHMENT 243 Resolution No. 2024-____ 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 resolution to examine the information; and C.Is prohibited by that contract from performing consulting service for a retailer during the term of the 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 5. 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 6. Resolution No. 2008-2760 is hereby rescinded. SECTION 7. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of March, 2024. Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 244