CC RESOLUTION 4369RESOLUTION NO. 4369
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS
The City Council resolves as follows:
SECTION 1: The City Council finds and declares as follows:
A. Pursuant to Ordinance No. 823, adopted October 16, 1973, the City of El
Segundo entered into a contract with the State Board of Equalization to perform
all functions incident to the administration and collection of local sales and use
taxes;
B. It is desirable and necessary for authorized representatives of the City to
examine confidential sales and use tax records of the State Board of Equalization
pertaining to sales and use taxes collected by the Board for the City pursuant to
that contract; and
C. Section 7056 of the California 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 sales and use tax records of the Board.
SECTION 2: The City Manager, and officers designated in writing by the City Manager
to the State Board of Equalization ( "Board "), is appointed to represent the City with
authority to examine sales and use tax records of the Board pertaining to sales and use
taxes collected for the City by the Board pursuant to the contract between the City and
the Board. The information obtained by examination of Board records can be used only
for purposes related to the collection of City sales and use taxes by the Board pursuant
to that contract.
SECTION 3. The City Manager, and officers designated in writing by the City Manager
to the Board, is appointed to represent the City with authority to examine those sales
and use tax records of the Board, for purposes related to the following governmental
functions of the City:
Business Licensing
The information obtained by examination of Board records can be used only for those
governmental functions of the City listed above.
Section 4. MBIA MuniServices is designated to examine the sales and use tax records
of the Board pertaining to sales and use taxes collected for the City by the Board
through March 31, 2004. Hinderliter, De Llamas & Associates is designated to examine
the sales and use tax records of the Board pertaining to sales and use taxes collected
for the City by the Board. The persons or entities designated by this section meet all of
the following conditions:
a) MBIA MuniServices has an existing contract with the City to examine those sales
and use tax records through March 31, 2004; Hinderliter, De Llamas &
Associates has an existing contract with the City to examine those sales and use
tax records;
b) The contracts with the City requires the examiners to disclose information
contained in, or derived from, those sales and use tax records only to the officers
set forth above in this Resolution.
c) The examiners are prohibited by these contracts from performing consulting
services for a retailer during the term of that contract; and
d) The examiners are prohibited by those contracts from retaining the information
contained in, or derived from, those sales and use tax records after those
contracts expire.
The information obtained by examination of Board records can be used only for
purposes related to the collection of City sales and use taxes by the Board pursuant to
the contract between the City and the Board and for purposes relating to the
governmental functions of the City listed above.
Section 5. This resolution supercedes resolutions 1753 and 3558 of the City Council of
the City of El Segundo adopted pursuant to subdivision (b) of Revenue and Taxation
Code Section 7056.
Section 6: The City Clerk will certify to the passage and adoption of this Resolution;
shall enter the same in the book of original Resolutions of the City; and shall make a
record of proceedings of the City Council in the minutes of the meeting at which same is
passed and adopted.
Section 7: This Resolution will take effect immediately upon adoption.
PASSED, APPROVED and ADOPTED this 16th day of March
2004.
Mayor Mike Gordon
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 4369 was duly passed and adopted by said City Council, approved
and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at
a regular meeting of said Council held on the 16th day of March 2004, and
the same was so passed and adopted by the following vote:
AYES: Gordon, Jacobs, Gaines, McDowell, Wernick
NOES: None
ABSENT: None
ABSTAIN: None
Cindy •*
APPI
Mark
0
H. Berger, AAsistant City Attorney