Loading...
CC Resolution 2023-035 Tax Records Examination & LQ Authorized UsersRESOLUTION NO. 2023 — 035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING EXAMINATION OF (1) SALES AND USE TAX RECORDS, AND (2) TRANSACTION AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 3 adopted on May 1, 1982, an ordinance imposing a sales and use tax to be administered by the State Board of Equalization (hereinafter referred to interchangeably as the "Board" or the "Department"), and providing penalties for violation, as amended by Ordinance No. 44, adopted on December 20, 1983, and codified in the La Quinta Municipal Code as Chapter 3.26 Sales and Use Tax, the City of La Quinta ("City") entered into a contract with the Board to perform all functions incident to the City's administration and collection of local sales and use taxes; and WHEREAS, pursuant to Ordinance No. 540, adopted on May 17, 2016, an ordinance imposing a transaction and use tax to be administered by the Board and Section 7270 of the Revenue and Taxation Code, and codified in the La Quinta Municipal Code as Chapter 3.27 Transaction and Use Tax, the City entered into a contract with the Board to perform all functions incident to the City's administration and collection of the local transactions and use taxes; and WHEREAS, the California Taxpayer Transparency and Fairness Act of 2017, effective July 1, 2017, transferred certain services, among them (1) sales and use tax and (2) transactions use tax collections and administration, from the State Board of Equalization to the newly created California Department of Tax and Fee Administration; and WHEREAS, the City deems it desirable and necessary for authorized representatives of the City to examine confidential records pertaining to: (1) sales and use taxes and (2) transactions and use taxes collected by the Department on behalf of the City, hereinafter collectively referred to as the "Records" pursuant to those contracts; and WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board Records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the Records of the Board; and WHEREAS, this resolution supersedes all prior resolutions regarding this matter (Resolution Nos. 2002-070, 2016-049, and 2019-007). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Resolution No. 2023 — 035 Authorization to Examine (1) Sales and Use Taxes and (2) Transaction and Use Taxes Collected by the Board for the City Adopted: October 17, 2023 Page 2 of 3 SECTION 1. That the (1) City Manager, (2) Finance Director / City Treasurer, (3) Principal Management Analyst, and (4) Director of Business Unit and Housing Development, or other officer or employee of the City designated in writing by the City Manager to the Department is hereby appointed to represent the City with authority to examine tax Records of the Department pertaining to (1) sales and use taxes and (2) transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Board. The information obtained by examination of Department Records shall be used only for purposes related to the following governmental functions of the City: a) City Administration b) Revenue Management and Budgeting c) Community and Economic Development d) Business License Tax Administration SECTION 2. That Hinderliter, de Llamas & Associates is hereby designated to examine the Records of the Department pertaining to (1) sales and use taxes and (2) transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions: a) Has an existing contract with the City to examine those Records; b) Is required by the contract to disclose information contained in, or derived from those Records only to the officer or employee authorized under Section 1 of this resolution to examine the information; c) Is prohibited by that contract from performing consulting services for a retailer during the term of the contract; d) Is prohibited by that contract from retaining the information contained in, or derived from those Records after that contract has expired. SECTION 3. That this resolution shall go into effect upon adoption and shall supersede all prior resolutions regarding this matter (Resolution Nos. 2002-070, 2016- 049, and 2019-007), adopted by the City pursuant to subdivision (b) of Revenue and Taxation Section 7056; and SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of October, 2023, by the following vote: AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans NOES: None Resolution No_ 2023 — 035 Authorization to Examine (1) Sales and Use Taxes and (2) Transaction and Use Taxes Collected by the Board for the City Adopted: October 17, 2023 Page 3 of 3 ABSENT: None ABSTAIN: None ATTEST: MONIKA RADEV , City Jerk City of La Quinta, California APPROVED AS TO FORM: Com► WILLIAM H. IHR E, City Attorney City of La Quinta, California _ Cete-Z - LINDA EVANS, Mayor City of La Quinta, California