HomeMy WebLinkAboutItem No. 05 Measure Z California Department of Tax 1.0% Trans and Use OrdinanceCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-784
Agenda Date: 12/8/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 5)
Measure Z - Resolution to authorize the City Manager to Execute Certain Agreements Between
the City and the California Department of Tax and Fee Administration to Complete the
Implementation of the 1.0% Transactions and Use Tax Ordinance
1.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A
LOCAL TRANSACTIONS AND USE TAX;
a.AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE CITY'S
TRANSACTIONS AND USE TAX ORDINANCE
b.AGREEMENT FOR STATE ADMINISTRATION OF CITY TRANSACTIONS AND USE
TAXES
2.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX
RECORDS; and
3.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY
CERTAIN AGREEMENTS AND DOCUMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS (SALES)
AND USE TAX.
Page 1 City of Lake Elsinore Printed on 12/3/2020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared by: Jason Simpson, Assistant City Manager
Date: December 8, 2020
Subject: Measure Z – Resolutions to authorize the City Manager to Execute Certain
Agreements Between the City and the California Department of Tax and Fee
Administration to Complete the Implementation of the 1.0% Transactions
and Use Tax Ordinance
Recommendations
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS
WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR
IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.
a. AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE CITY'S
TRANSACTIONS AND USE TAX ORDINANCE
b. AGREEMENT FOR STATE ADMINISTRATION OF CITY TRANSACTIONS AND
USE TAXES
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES)
AND USE TAX RECORDS
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF
THE CITY CERTAIN AGREEMENTS AND DOCUMENTS WITH THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A
LOCALTRANSACTIONS (SALES) AND USE TAX
Background and Discussion
On November 3, 2020, the voters of the City of Lake Elsinore approved Ordinance No. 2020-
1439, establishing a Transactions and Use Tax (Measure Z) that will be administered by the
State. The sales tax program, previously administered by the State Board of Equalization is now
administered by the California Department of Tax and Fee Administration (CDTFA).
Effective on April 1, 2021, Measure Z establishes a 1.0% transactions tax on the gross receipts
of any retailer from the sale of tangible property sold within the city limits. In addition, an excise
Measure Z –Agreements and Forms with CDTFA
December 8, 2020
Page 2
tax of 1.0% is imposed on the storage, use or other consumption within the city limits of Lake
Elsinore of tangible personal property purchased from any retailer.
The City is now tasked with the duty of completing the implementation process of Measure Z. As
noted in Section 3.30.080 of the Ordinance, the City shall contract with CDTFA to perform all
functions incident to the administration and operation of Measure Z. The first Resolution attached
authorizes the City Manager to execute two (2) agreements with CDTFA.
The first agreement is a “Preparatory Agreement”, which authorizes the CDTFA to prepare their
software and tax forms for the addition of the 1.0% transactions (sales) and use taxes. The
CDTFA is also responsible for notifying the business entities of the details of the City’s new tax,
including the effective date of the tax. The preparatory costs, which are both direct and indirect,
are specified in Section 11256 of the Government Code, and are estimated to be $20,000.
The second agreement is an “Administrative Agreement”. This agreement authorizes the CDTFA
to collect the 1.0% transactions (sales) and use taxes on behalf of the City of Lake Elsinore, and
to timely remit it to the City. The collections of the 1.0% transactions (sales) and use taxes will be
reported separately to the City so that the amounts collected under the ordinance are clearly
stated.
The second Resolution authorizes the City Manager to execute documents to allow certain City
staff and a designated consultant to be able to examine transactions (sales) and use tax records
held by the CDTFA.
Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions
for the disclosure of CDFTA records and establishes criminal penalties for the unlawful
disclosure of information contained in or derived from, the transactions and use tax records. The
attached Resolution authorizes the following staff positions and consultants to have access to
the confidential sales and use tax information, as necessary to perform their specific government
functions:
• City Manager
• Assistant City Manager/Director of Administrative Services
• Hinderliter, De Llamas and Associates
The City utilizes the services of Hinderliter, De Llamas and Associates (HdL Companies) to
provide sales & use tax auditing and consulting. They monitors and analyzes sales and use tax
revenue for the City, ensuring that tax receipts are allocated correctly.
The third resolution authorizes the City Manager to execute certain documents with the CDTFA
in conjunction with the administration of Measure Z. These documents are:
• Jurisdiction Contact Form, Notifications and Appeals designating the City
Manager and Assistant City Manager as the Primary and Secondary Contacts for
the City
• Local Revenue Branch Contact Form
• EFT Authorization Agreement for Local Jurisdiction
• Registration/Allocation Media Request
Measure Z –Agreements and Forms with CDTFA
December 8, 2020
Page 3
Fiscal Impact
Measure Z is estimated to generate approximately $10 million annually to the City. Exhibits
A. RESOLUTION NO. 2020 - _____ Authorize City Manager on Agreements
B. AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE CITY'S
TRANSACTIONS AND USE TAX ORDINANCE
C. AGREEMENT FOR STATE ADMINISTRATION OF CITY TRANSACTIONS AND USE
TAXES
D. RESOLUTION NO. 2020 - _____ Authorize inspection of records
E. RESOLUTION NO. 2020 - _____ Authorize City Manager to execute other forms
F. Jurisdiction Contact Form, Notifications and Appeals designating the City Manager and
Assistant City Manager as the Primary and Secondary Contacts for the City;
G. Local Revenue Branch Contact Form;
H. EFT Authorization Agreement for Local Jurisdiction; and
I. Registration/Allocation Media Request.
RESOLUTION NO. 2020-______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE
CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE
TAX
Whereas, on July 28, 2020, the City Council approved Ordinance No. 2020-1439, the form thereof,
and its submission to the voters of the City at the November 3, 2020 General Municipal Election, as
required by Revenue and Taxation Code section 7285.9, subject to approval of a majority of the
voters voting on the measure at the Election; and
Whereas, on December 8, 2020, the City Council certified the results of the November 3, 2020
General Municipal Election, including approval by a majority of the voters of Ordinance No. 2020-1439
amending the City Municipal Code and providing for a City transactions and use tax (Measure Z); and
Whereas, the California Department of Tax and Fee Administration (Department) administers and
collects the transactions and use taxes for all applicable jurisdictions within the state; and
Whereas, the Department will be responsible to administer and collect the transactions and use tax
for the City; and
Whereas, the Department requires that the City enter into a “Preparatory Agreement” and an
“Administration Agreement” prior to implementation of said taxes, and
Whereas, the Department requires that the City Council authorize the agreements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement”
attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute
each agreement.
Section 2. The attached Exhibits A and B are hereby adopted and made part of this Resolution.
Section 3. This Resolution shall take effect from and after the date of its passage and adoption.
Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it
into the book of original Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
this 8th day of December 2020.
Brian Tisdale, Mayor
Attest:
Candice Alvarez, MMC
CC Reso No. 2020 - ___
Page 2 of 2
6/7/2018
2
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the
Regular meeting of December 8, 2020 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Candice Alvarez, MMC
City Clerk
1
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of Lake Elsinore, hereinafter called City, and the CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as
follows:
1. The Department agrees to enter into work to prepare to administer and operate a
transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code
which has been approved by a majority of the electors of the City and whose ordinance has been
adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified
all of the Department's costs for preparatory work necessary to administer the City's transactions and
use tax ordinance. The Department's costs for preparatory work include costs of developing
procedures, programming for data processing, developing and adopting appropriate regulations,
designing and printing forms, developing instructions for the Department's staff and for taxpayers, and
other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the
Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Department. The billings for costs may
be presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be
referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically,
with the final billing within a reasonable time after the operative date of the ordinance. City shall pay
to the Department the amount of such costs on or before the last day of the next succeeding month
following the month when the billing is received.
2
6. The amount to be paid by City for the Department's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
CITY OF LAKE ELSINORE
C/O - CITY MANAGER’S OFFICE
130 S MAIN STREET
LAKE ELSINORE, CA 92530
8. The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Department has received all
payments due from City under the terms of this agreement.
CITY OF LAKE ELSINORE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
Grant Yates, City Manager Administrator
Local Revenue Branch
(Rev. 11/17)
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Lake Elsinore has adopted, and the voters of the City of
Lake Elsinore (hereafter called “City” or “District”) have approved by the required majority vote, the
City of Lake Elsinore Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of
which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and
Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration,
(hereinafter called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to
above and attached hereto, Ordinance No. 2020-1439, as amended from time to time, or as deemed to
be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform
exclusively all functions incident to the administration and operation of the City Ordinance.
(Rev. 10/17) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the
administration and operation of the Department Sales and Use Tax Law which are not inconsistent with
Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and
operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may
be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and m ay be drawn from
that Fund for any authorized purpose, including making refunds, compensating and reimbursing the
Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which
City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed
limits or by final judgment of any court of the State of California holding that City’s ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its
judgment are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Department shall give no preference in applying money received for state sales and use
taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a
taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties,
cities and counties, redevelopment agencies, other districts, and City as their interests appear.
(Rev. 10/17) 3
F. Security. The Department agrees that any security which it hereafter requires to be
furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will
be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall
not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the
Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to
examine the records of the Department, including the name, address, and account number of each seller
holding a seller’s permit with a registered business location in the City, pertaining to the ascertainm ent
of transactions and use taxes collected for the City. Information obtained by the City from examination
of the Department's records shall be used by the City only for purposes related to the collection of
transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months after
notice to the Department. The notice shall include the name of the county or counties annexed to the
extended City boundary. In the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the property nearest to the
extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that
impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2
of the Revenue and Taxation Code:
(Rev. 10/17) 4
1. Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion
of the Department, to all districts with which the Department has contracted using ratios reflected by
the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the
Department, and all amounts refunded or credited may be distributed or charged to the respective
districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the
determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Department in determining the place
of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance
such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the
Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses as the parties may from time to t ime
designate. A notification is complete when deposited in the mail.
(Rev. 10/17) 5
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration
P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
CITY OF LAKE ELSINORE
C/O - CITY MANAGER’S OFFICE
130 S MAIN STREET
LAKE ELSINORE, CA 92530
Unless otherwise directed, transmittals of payment of District transactions and use taxes
will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect April 1, 2021. This Agreement shall continue until
December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed
automatically from year to year until the Department completes all work necessary to the
administration of the City Ordinance and has received and disbursed all payments due under that
Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal
of the City Ordinance not less than 110 days prior to the operative date of the repeal.
(Rev. 10/17) 6
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that
the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Department the moneys retained in escrow, including any accumulated interest, within
ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and
non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to
administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of
administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus
interest and penalties, if any, that Department or the State of California may be required to rebate or
refund to taxpayers.
(Rev. 10/17) 7
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or
penalties. Department's costs shall include its additional cost for developing procedures for processing
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Department's staff for use in making these rebates or refunds and any other
costs incurred by Department which are reasonably appropriate or necessary to make those rebates or
refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256
of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and
personnel records currently maintained by the Department. The billings for such costs may be
presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall
be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by
Department on or before the 25th day of the second month following the month in which the judgment
of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter
Department shall bill City on or before the 25th of each month for all costs incurred by Department for
the preceding calendar month. City shall pay to Department the amount of such costs on or before the
last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and
penalties refunded or paid to taxpayers, together with Department costs incurred in making those
refunds.
CITY OF LAKE ELSINORE CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
Grant Yates, City Manager Administrator
Local Revenue Branch
-1-
RESOLUTION NO. 2020-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES)
AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 2020-1439 of the City of Lake Elsinore hereinafter called
District and Section 7270 of the Revenue and Taxation Code, the District entered into a contract with
the California Department of Tax and Fee Administration (CDTFA) 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 California Department of Tax
and Fee Administration pertaining to transactions and use taxes collected by the CDTFA 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 California Department of Tax and Fee Administration records and
establishes criminal penalties for the unlawful disclosure of information contained in or derived from,
the transactions and use tax records of the CDTFA.
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
Section 1. That the City Manager and Assistant City Manager or other officer or employee of the
District designated in writing by the City Manager to the California Dept of Tax and Fee Administration
(hereafter referred to as the CDTFA) is hereby appointed to represent the District with authority to
examine transactions and use tax records of the CDTFA pertaining to transactions and use taxes
collected for the District by the CDTFA pursuant to the contract between the District and the CDTFA.
The information obtained by examination of CDTFA records shall be used only for purposes related to
the collection of the District’s transactions and use taxes by the CDTFA pursuant to the contract.
Section 2. That the City Manager and Assistant City Manager or other officer or employee of the
District designated in writing by the City Manager to the CDTFA is hereby appointed to represent the
District with authority to examine those transactions and use tax records of the CDTFA for purposes
related to the following governmental functions of the District:
(a) City administration
(b) Revenue management and budgeting
(c) Community and economic development
(d) Business license tax administration
(e) City transactions and use tax administration.
The information obtained by examination of CDTFA records shall be used only for those
governmental functions of the District listed above.
-2-
Section 3. That Hinderliter, De Llamas and Associates, a California Corporation, is hereby
designated to examine the transactions and use tax records of the California Department of Tax and
Fee Administration pertaining to transactions and use taxes collected for the District by the
Department. 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.
The information obtained by examination of CDTFA records shall be used only for purposes related to
the collection of District’s transactions and use taxes by the CDTFA pursuant to the contracts
between the District and CDTFA and for purposes relating to the governmental functions of the
District in Section 2 of this Resolution.
Section 4. That this Resolution supersedes Resolution No. 2015-006 and all prior transactions and
use tax resolutions of the City of Lake Elsinore adopted pursuant to subdivision (b) of Revenue and
Taxation Section 7056.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
this 8th day of December 2020.
Brian Tisdale, Mayor
Attest:
Candice Alvarez, MMC
City Clerk
-3-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the
Regular meeting of December 8, 2020 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2020-______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY
CERTAIN AGREEMENTS AND DOCUMENTS WITH THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF
A LOCALTRANSACTIONS (SALES) AND USE TAX
WHEREAS, on November 3, 2020, the voters of the City of Lake Elsinore approved Ordinance No.
2020-1439 amending the City Municipal Code and providing for a local transactions (sales) and use
tax; and
WHEREAS, the California Department of Tax and Fee Administration (CDTFA) administers and
collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the CDTFA will be responsible to administer and collect the transactions and use tax for
the City; and
WHEREAS, the CDTFA requires that a designated City official execute on behalf of the City certain
documents and agreements prior to implementation of said taxes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. Jurisdiction Contact Form, Notifications and Appeals designating the City Manager and
Assistant City Manager as the Primary and Secondary Contacts for the City;
2. Local Revenue Branch Contact Form;
3. EFT Authorization Agreement for Local Jurisdiction; and
4. Registration/Allocation Media Request.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT City Council authorizes and designates
the City Manager and Director of Finance as the Primary and Secondary Contacts for the City for the
Jurisdiction Contact Form, Notifications and Appeals
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT City Council authorize the City Manager to
take all necessary actions, to enter into such further agreements and execute on behalf of the City
such documents as are necessary or convenient to implement the transactions and use tax ordinance
and implement the administration of the collection of the transactions and use tax with the California
Department of Tax and Fee Administration.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
this 8th day of December 2020.
Brian Tisdale, Mayor
CC Reso No. 2020 - ___
Page 2 of 2
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Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the
Regular meeting of December 8, 2020 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Candice Alvarez, MMC
City Clerk
Please check one: Local Tax Transactions and Use Tax Mobile Telephony Surcharge
LOCAL REVENUE BRANCH – CONTACT FORM
Please complete and return this form to our office any time there is a change of information to ensure our records
are always up to date. Thank you!
City/County: _________________________________________________
All legal correspondence should be mailed to the following address:
Jurisdiction:
Name: Position Title:
Address:
Phone: Email:
Financial correspondence should be mailed to the following address:
Note: Confidential information may be sent only to positions authorized by resolution
Jurisdiction:
Name: Position Title:
Address:
Phone: Email:
Paper warrants (if issued) and monthly/quarterly statements should be mailed to the following address:
Jurisdiction:
Name: Position Title:
Address:
Phone: Email:
General Office Contact—for general information and reminders:
Jurisdiction:
Address:
Phone: Email:
Completed by:
Print Name:
Signature:
Position Title: Date:
JURISDICTION CONTACT FORM
NOTIFICATIONS & APPEALS
City/County: _____________Tax Area Code: _________ Sales and Use Tax / Transactions & Use Tax
Pursuant to Revenue and Taxation Code § 7056, you may select only officers and employees authorized by
Resolution or letter of designation to examine the Department’s tax records for your Jurisdiction. If the officer or
employee’s title has not yet been formally authorized, please include a designation letter. See attached sample
designation letter.
Primary Contact
Title of Authorized Officer/Employee
Name of Authorized Officer/Employee
Mailing Address
City, State, Zip
___________________________________________________
Phone
Fax
Email
It is recommended, if possible, that you use an Email address
that coincides with the authorized position title. For example:
citymanager@cityof___.gov.
Secondary Contact
Title of Authorized Officer/Employee
Name of Authorized Officer/Employee
Mailing Address
City, State, Zip
____________________________________________________
Phone
Fax
Email
It is recommended, if possible, that you use an Email address
that coincides with the authorized position title. For example:
citymanager@cityof___.gov.
DEPARTMENT USE ONLY
Pursuant to Section 7056(b), this form is ineffective unless signed by one of the following (boxes checked):
City/County Administrator Administrative Officer City/County Controller
_________________(Specify)
Print Name: ___________________________________________
Title: _________________________________________________
Signature: ____________________________________________ Date:________________
Return this form by e-mail to: JServices@cdtfa.ca.gov
QUESTIONS: CALL THE WARRANT DESK AT (916) 309-5802
Note: Titles held by more than one employee need to be made a unique identifier for function. For example: Accountant II (Revenue Desk)
➢Please type or print clearly in ink.
➢See reverse for complete instructions.
SELECT ACTION REQUESTED SELECT TAX PROGRAM
New EFT Account 1 percent Local Tax
Change EFT Bank Account – (see instructions) ¼ percent (County) Transportation Fund
Cancel EFT Add-on (Special District) Tax
Local Utility User Tax/Local 911 Charges
SECTION I
NAME OF LOCAL JURISDICTION OR SPECIAL DISTRICT (payee) JURISDICTION CODE
CONTACT PERSON (name and title) EMAIL ADDRESS
MAILING ADDRESS CITY, STATE, ZIP
CONTACT PHONE NUMBER CONTACT FAX NUMBER
SECTION II
The State Controller’s Office, on behalf of the California Department of Tax and Fee Administration (CDTFA), is hereby
authorized to make direct deposit (EFT) of any amounts distributed pursuant to the Bradley-Burns Uniform Local Sales and
Use Tax Law, the Transactions and Use Tax Law, or the Local Prepaid Mobile Telephony Services Collection Act less any
mandatory withholding or deductions therefrom to the designated bank account identified below. If the designated EFT
account is a checking account, a voided check or copy must be attached to the completed authorization agreement.
If the account is a savings or other deposit-only account, an account confirmation from the bank must be attached.
The voided check or confirmation will be used to verify the bank account and transit routing numbers.
BANK NAME
BANK ACCOUNT NUMBER (not to exceed 17 digits)
TRANSIT ROUTING NUMBER
TYPE OF ACCOUNT
CHECKING SAVINGS
IMPORTANT
Payee agrees that in the event that the payee owes a debt determined either by court order, or otherwise by operation of
law, and for which the CDTFA has been notified according to law, to make repayments by deductions from Local Sales and
Use Tax transmittals, the payee will be removed from the EFT program until the debt is extinguished.
I affirm that deposits received from CDTFA will not be forwarded in their entirety to a foreign financial institution.
SIGNATURE TITLE DATE
Return this form to:
California Department of Tax and Fee Administration
Local Revenue Branch
Warrant Desk
PO Box 942879, MIC:27
Sacramento, CA 94279-0027
Email to: JServices@cdtfa.ca.gov
For EFT assistance call 1-916-309-5802
This information is confidential and not for public release.
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF
TAX AND FEE ADMINISTRATION
CDTFA-555-LJ (FRONT) REV. 5 (4-20)
EFT AUTHORIZATION AGREEMENT FOR LOCAL JURISDICTIONS
INSTRUCTIONS FOR LOCAL JURISDICTIONS FOR
COMPLETING THE EFT AUTHORIZATION AGREEMENT FORM
GENERAL
➢Read this agreement carefully, and if you have questions call 1-916-309-5802.
➢Please type or print clearly.
➢Check one action box and one tax program box. Your jurisdiction’s tax program can be found on the title line of the
remittance advice received from the State Controller’s Office.
➢Complete all information blocks.
SECTION I
➢Your jurisdiction code can be found on the remittance advice immediately above the word “Payee.”
➢Please enter the jurisdiction code for the corresponding jurisdiction type:
City or County (1 percent Local Tax) Code (five digits)
County (1/4 percent Tax) Code (two digits)
Redevelopment Agency Code (four digits)
District Add-on Code (three digits)
Local Utility User Tax/Local 911 (Prepaid Mobile Telephony Services) Code (four digits)
➢A contact person and telephone number are required to process your authorization agreement.
SECTION II
➢The “Transit Routing Number” (nine digits) typically can be found in the bottom left-hand corner of your check.
➢Please indicate the type of account. (checking or savings)
➢Be sure to include a voided check or bank confirmation with your authorization agreement.
ADDITIONAL INFORMATION
➢Changing EFT Bank Account
•IMPORTANT: DO NOT CLOSE YOUR OLD ACCOUNT UNTIL THE FIRST EFT PAYMENT IS DEPOSITED
INTO THE NEWLY DESIGNATED ACCOUNT.
• This agreement will remain in effect until the CDTFA is notified in writing that you wish to redesignate your
account and/or your financial institution, or that you wish to cancel EFT service.
• To redesignate, please submit a new EFT Authorization Agreement for Local Jurisdictions. Be sure to check the
correct action box on the front of the form and provide the correct new information.
• The first deposit into a new account should be made within 60 days from the CDTFA’s receipt of the completed
EFT Authorization Agreement.
• In the interim between the closing of the old account and opening of the new account, you may receive a
warrant via U.S. Mail.
➢Canceling EFT Service
• To cancel EFT service, submit a new EFT Authorization Agreement for Local Jurisdictions, and check the
“CANCEL EFT” box. Be sure to complete all information blocks.
➢EFT Direct Deposit Posting Dates
• Funds will be deposited on the “Warrant Issue Date” as shown on the CDTFA’s Allocation Calendar. Calendars
can be found in Publication 28, Tax Information for City and County Officials, downloaded from the CDTFA’s
website at www.cdtfa.ca.gov/formspubs/pub28.pdf (see exhibits), or requested from the Local Revenue Branch
at 1-916-309-5800.
• Most financial institutions post funds to accounts at the beginning of the bank business day; however, you
should confirm your particular bank’s practice to determine when funds will be available.
CDTFA-555-LJ (BACK) REV. 5 (4-20)
RegForm.doc (CDTFA/LRB)
REV: 03/2020
REGISTRATION/ALLOCATION MEDIA REQUEST
Please complete Sections I, II, & III, and forward this form to the address at the bottom of this page.
IMPORTANT: Each jurisdiction must have a resolution on file with the California Department
of Tax and Fee Administration (CDTFA) to examine allocation and/or registration data. A sample resolution is included in
Publication 28 which is available on our Website www.boe.ca.gov/pdf/pub28.pdf or by calling the Department's Local
Revenue Branch at (916) 309-5800.
SECTION I: MEDIA RECIPIENT CONTACT INFORMATION
(If the name/position below is not authorized by resolution or letter of designation, this form Must be signed by a position authorized by resolution to designate other officials or employees) County City District (add-on)
Your name: Jurisdiction:
Title: Tax Area Code:
Address: Telephone:
City, State, Zip: FAX:
E-Mail Address ______________________________________________
SECTION II: REGISTRATION DATA REQUEST (List of name, address and CDTFA account number for each business)
A.Do you require a one-time registration listing (Start-up) showing all sales and use tax accounts in your jurisdiction,
Indicate yes or no: Yes No
SECTION III: ALLOCATION DATA REQUEST (List of local tax dollars distributed to your jurisdiction by CDTFA account number)
A.Do you wish to receive monthly allocation and registration media
Indicate yes or no: Yes No
B.If you require prior period local tax data*, indicate the periods below:
(MMYY) From: _______________ To: _______________
*AVAILABLE HISTORY IS LIMITED TO PREVIOUS 36 MONTHS.
Signed by individual (or designee) authorized by resolution to receive confidential CDTFA information:
(Print Name) (Signature) (Title) (Date)
RETURN THIS FORM TO:
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION LOCAL
REVENUE BRANCH
450 N STREET MIC 27
PO BOX 942879
SACRAMENTO CA 94279-0027
FAX to (916) 324-3001
For assistance in completing this form, contact Harmeen Grewal at (916) 309-5883.
Department Use Only
Juris. I.D. # .
Resolution verified: YES___ NO ___
Update
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