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HomeMy WebLinkAboutAGENDA REPORT 2025 0806 CC SPC ITEM 09DCITY OF MOORPARK, CALIFORNIA City Council Meeting of August 6, 2025 ACTION ADOPTED RESOLUTION NO. 2025-4345, RESCINDING RESOLUTION NO. 2024-4242. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. D. Consider Resolution Amending Authorized Access of City Officials to Sales and Use Tax Records and Rescinding Resolution No. 2024-4242. Staff Recommendation: Adopt Resolution No. 2025-4345 updating the list of City positions that are authorized access to confidential sales and use tax records, and rescinding Resolution No. 2024-4242. (Staff: Hiromi Dever, Finance Director) (ROLL CALL VOTE REQUIRED) Item: 9.D. Item: 9.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Hiromi Dever, Finance Director DATE: 08/06/2025 Special Meeting SUBJECT: Consider Resolution Amending Authorized Access of City Officials to Sales and Use Tax Records and Rescinding Resolution No. 2024-4242 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. Resolution No. 2024-4242, adopted May 15, 2024, was the last update to the list of City officers or employees who are allowed to access this information. DISCUSSION A Management Analyst position, specifically assigned to the Economic Development Division, has recently been added which will include activities that require access to sales and use tax information. For this position to effectively carry out the job duties of this specific Management Analyst role, an updated resolution is necessary. The following revision has been made to add a Management Analyst in the Economic Development Division to the existing positions authorized to access sales and use tax data: 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 Management Analyst (Economic Development Division) 3103 Honorable City Council 08/06/2025 Special 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 tax 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 & 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. 2025-____ updating the list of City positions that are authorized access to confidential sales and use tax records, and rescinding Resolution No. 2024-4242. Attachment: Draft Resolution No. 2025-____ 3104 RESOLUTION NO. 2025-____ 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. 2024-4242 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 May 15, 2024, the City Council adopted Resolution No. 2024-4242 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 Management Analyst (Economic Development Division) 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 data 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 3105 Resolution No. 2025-____ 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. 2024-4242 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 August, 2025. Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 3106