HomeMy WebLinkAbout17-04 CC Resolution RESOLUTION NO. 17-04
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AUTHORIZING THE EXAMINATION OF
TRANSACTIONS (SALES) AND USE TAX RECORDS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, pursuant to Ordinance No. 16-06 of the City of Temecula hereinafter called
District and Section 7270 of the Revenue and Taxation Code, the District entered into a
contract with the State Board of Equalization to perform all functions incident to the
administration and operation of the Transactions and Use Tax Ordinance; and
WHEREAS, the District deems it desirable and necessary for authorized
representatives of the District to examine confidential transactions and use tax records
of the State Board of Equalization pertaining to transactions and use taxes collected by
the Board for the District pursuant to that contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of Board of Equalization records and
establishes criminal penalties for the unlawful disclosure of information contained in or
derived from, the transactions and use tax records of the Board;
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
Section 1. That the City Manager, Assistant City Manager, Finance Director, Revenue
Manager, Budget Manager and Economic Development Analysts or other officer or
employee of the District designated in writing by the City Manager to the State Board of
Equalization (hereafter referred to as Board) is hereby appointed to represent the
District with authority to examine transactions and use tax records of the Board
pertaining to transactions and use taxes collected for the District by the Board pursuant
to the contract between the District and the Board. The information obtained by
examination of Board records shall be used only for purposes related to the collection of
the District's transactions and use taxes by the Board pursuant to the contract.
Section 2. That the City Manager, Assistant City Manager, Finance Director, Revenue
Manager, Budget Manager and Economic Development Analysts or other officer or
employee of the District designated in writing by the City Manager to the Board of
Equalization is hereby appointed to represent the District with authority to examine
those transactions and use tax records of the Board for purposes related to the
following governmental functions of the District:
a) City Management
' b) Financial/Budget Planning
c) Economic Development
Resos 17-04 1
The information obtained by examination of Board records shall be used only for those
' governmental functions of the District listed above.
Section 3. That HdL Companies is hereby designated to examine the transactions and
use tax records of the Board of Equalization pertaining to transactions and use taxes
collected for the District by the Board. The person or entity designated by this section
meets all of the following conditions:
a) has an existing contract with the District to examine those transactions
and use tax records;
b) is required by that contract to disclose information contained in, or derived
from those transactions and use tax records only to the officer or
employee authorized under Section 1 (or Section 2) of this resolution to
examine the information;
C) is prohibited by that contract from performing consulting services for a
retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or
derived from those transactions and use tax records after that contract has
expired.
' BE IT FURTHER RESOLVED that the information obtained by examination of Board
records shall be used only for purposes related to the collection of District's transactions
and use taxes by the Board pursuant to the contracts between the District and Board.
Section 4. That this resolution supersedes all prior transactions and use tax resolutions
of the City of Temecula adopted pursuant to subdivision (b) of Revenue and Taxation
Section 7056.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 10th day of January, 2017.
( --Maryann Edwards, Mayor
ATTEST:
R ndqJQh717 4t5rClerk
' [SEAL]
Resos 17-04 2
' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 17-04 was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 10th day of January, 2017, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart,
Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
' Randi Johl, City Clerk
Resos 17-04 3