HomeMy WebLinkAboutResolution 2021-080 N.C.S. 6/07/2021
Resolution No. 2021-080 N.C.S. Page 1
Resolution No. 2021-080 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE
TAX RECORDS
WHEREAS, pursuant to Chapter 4.18 of the Petaluma Municipal Code, the City entered into a contract
with the California Department of Tax and Fee Administration (formerly State Board of Equalization) (CDTFA)
to perform all functions incident to the administration and collection of the Transactions and Use Tax Ordinances
and the local sales and use taxes; and
WHEREAS, the City deems it necessary for authorized representatives of City to examine confidential
sales and transactions and use tax records of the CDTFA pertaining to sales and transactions and use taxes
collected by the CDTFA for the City of Petaluma; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements
and conditions for the disclosure of CDTFA records and establishes criminal penalties for the unlawful disclosure
of information contained in, or derived from sales or transactions and use tax records of the CDTFA; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code requires that any person
designated by the City shall have an existing contract to examine City’s sales and transactions and use tax records;
and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental
Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, as adopting a resolution to allow a
consultant to examine sales or transaction use records does not meet CEQA's definition of a “project,” because
the action does not have the potential for resulting in either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment, and because the action constitutes
organizational or administrative activities of governments that will not result in direct or indirect physical changes
in the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:
Section 1. The above recitals are hereby declared to be true and correct and are incorporated into this
resolution as findings of the City Council.
Section 2. The Finance Director, or other officer or employee of City designated in writing by the Finance
Director to the CDTFA is hereby appointed to represent City with authority to examine all of the sales and
transactions and use tax records of the CDTFA pertaining to sales and transactions and use taxes collected for
City by the CDTFA pursuant to the contract between City and the CDTFA. The information obtained by
examination of CDTFA records shall be used for purposes related to the collection of City’s sales and transactions
and use taxes by the CDTFA pursuant to the contract.
Section 3. The Finance Director, or other officer or employee of City designated in writing by the Finance
Director to the CDTFA, is also hereby appointed to represent City with the authority to examine those sales and
transactions and use tax records of the CDTFA for purposes related to the following governmental functions of
the City of Petaluma:
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Resolution No. 2021-080 N.C.S. Page 2
a) tracking and economic development
b) forecasting and budget related functions
c) detection of misallocations and deficiencies
The information obtained by examination of CDTFA records shall be used only for those governmental functions
of the City of Petaluma listed above.
Section 4. MuniServices, LLC is hereby designated and authorized to examine all of the sales and
transactions and use tax records of the CDTFA pertaining to all sales and use taxes collected for City and any
transaction and use taxes collected for the City under Chapters 4.16 and 4.18 of the Petaluma Municipal Code
and any future sales or transaction and use taxes.
The person or entity designated by this section meets all of the following conditions:
a) has an existing contract with City of Petaluma to examine sales and transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from those sales and
transactions and use tax records only to an officer or employee authorized under Section 2 or Section 3 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; and
d) is prohibited by that contract from retaining the information contained in or derived from those sales and
transactions and use tax records after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of CDTFA records shall be used
only for purposes related to the collection of the City of Petaluma’s sales and transactions and use taxes by the
CDTFA pursuant to the contracts between City and the California Department of Tax and Fee Administration
and for purposes relating to the governmental functions of City of Petaluma listed in Section 3 of this resolution.
Section 5. This resolution supersedes all prior sales and transactions and use tax resolutions of the City
adopted pursuant to subdivision (b) of Revenue and Taxation Code Section 7056.
Section 6. The City Manager is authorized and directed to execute an amendment with MuniServices for,
for sales tax enhancement and information services attached as Attachment 1 to this resolution.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 7th day of June 2021,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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Attachment 1
Resolution No. 2021-080 N.C.S. Page 3
AMENDMENT NO. 2 TO AGREEMENT BETWEEN
CITY OF PETALUMA AND MUNISERVICES, LLC
THIS AMENDMENT No. 2 (the “Amendment”) is made as of January 28, 2021 entered into between City of
Petaluma, a municipal corporation (“City”) and MuniServices, LLC, dba Avenu MuniServices a Delaware limited liability
company (“MuniServices”), (collectively the “Parties”).
The City and MuniServices agree as follows:
WHEREAS, the City and MuniServices, entered into a Consultant Services Agreement for sales tax enhancement
and information services, on or about November 16, 1989 (hereinafter “Agreement”);
WHEREAS, on November 3, 2020, the voters of the City of Petaluma approved the adoption of a one cent (1%)
Measure U Local Sales Tax (“District Tax”), to support the City’s General Fund. The one cent sales tax increase will go
into effect on April 1, 2021;
WHEREAS, the State Board of Equalization or its successor agency the California Department of Tax and Fee
Administration (collectively, or in the alternative, the “Agency”) has taken the position that general references to “sales and
use tax” are insufficient to allow access to information relating to the collection of the District Tax by the Agency;
WHEREAS, the City and MuniServices, without conceding the correctness of the Agency’s interpretation, deem
it prudent to comply with the interpretation by amending the Agreement to specifically refer to the District Tax;
WHEREAS, section 7056 of the California Revenue and Taxation Code imposes conditions on the access to
information related to the collection of sales, transaction, and use tax by the Agency.
NOW THEREFORE, in order to satisfy the requirements of section 7056, the parties hereby amend the Agreement
as follows:
1. MuniServices will provide Petaluma with District Tax Audit Services and District Tax Analytic and
Reporting Services per the terms of the November 16, 1989 Agreement.
2. Section 8 is hereby replaced in the Agreement to read as follows:
8. Confidentiality Requirements Section 7056 of the State of California Revenue and Taxation code specifically limits
the disclosure of confidential taxpayer information contained in the records of the California Department of Tax and Fee
Administration. This section specifies the conditions under which a CITY may authorize persons other than CITY officers
and employees to examine State Sales, Use and Transactions Tax records.
The following conditions specified in Section 7056 (b), (1) of the State of California Revenue and Taxation Code are
hereby made part of this agreement.
1. CONSULTANT is authorized by this Agreement to examine sales, use or transactions and use tax records of the
Department of Tax and Fee Administration provided to CITY pursuant to contract under the Bradley-Burns Uniform
Sales and Use Tax Law.
2. CONSULTANT is required to disclose information contained in, or derived from, those sales, use or transactions and
use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information.
3. CONSULTANT is prohibited from performing consulting services for a retailer, as defined in California Revenue &
Taxation Code Section 6015, during the term of this Agreement.
4. CONSULTANT is prohibited from retaining the information contained in, or derived from those sales or transactions
and use tax records, after this Agreement has expired. Information obtained by examination of Department of Tax and Fee
Administration records shall be used only for purposes related to collection of local sales and use tax or for other
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Attachment 1
Resolution No. 2021-080 N.C.S. Page 4
governmental functions of the CITTY as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and
Taxation Code. The resolution shall designate the CONSULTANT as a person, authorized to examine sales and use tax
records and certify that this Agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue
and Taxation Code.
3. The City and MuniServices agree that although the scope of work generically refers to “sales and use tax”
those references are meant to include “sales, transaction, and use tax” as part of the scope of work, including
but not limited to any transaction and use taxes adopted after the effective date of the Agreement.
4. The Parties agree that Agreement is applicable to all Sales, Transaction and Use Tax Ordinances currently
enacted in the City and which may become enacted while the Agreement is in effect.
5. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
6. In case of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this
Amendment shall strictly prevail.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized
representatives as of the date set forth above.
CITY OF PETALUMA MUNISERVICES, LLC
By: _______________________ By: ______________________________
Mike Melka
Name: _____________________ Chief Financial Officer
Title: ______________________
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