CC Resolution No. 12-093 Board of Equalization Appointment RESOLUTION NO. 12-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPOINTING SPECIAL COUNSEL TO APPEAR BEFORE THE STATE BOARD OF
EQUALIZATION ON BEHALF OF THE CITY
WHEREAS, the City Council of the City of Cupertino wishes to enhance the use of the
State Board of Equalization ("B.O.E.") data for City staff studies and evaluations of City sales
and use tax revenues; and
WHEREAS, the City Council wishes to ensure that the B.O.E. fulfills its contract with
and responsibilities to the City of Cupertino by appropriately distributing sales and use tax
revenues and wishes to allow its representatives to assist the B.O.E. in the challenges it faces in
doing so; and
WHEREAS, California Revenue and Taxation code Section 7056 sets forth requirements
to allow designated users to obtain information filed with the B.O.E. and imposes conditions on
disclosure of B.O.E records. That section specifies that a City Council resolution may require
the B.O.E. to permit officers and employees to examine all of the sales or transactions and use
tax records of the B.O.E. pertaining to the ascertainment of sales and use taxes that the B.O.E.
collects for a City adopting this resolution.
WHEREAS Section 7056 also sets forth circumstances under which parties who enter
into specified contracts with a city may obtain such information and the terms that must be a part
of that arrangement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that
Benjamin L. Stock, Megan Burke and Carol Korade are hereby appointed as duly authorized
officers of the City of City of Cupertino as Special Counsel City Attorney and City Attorney
respectively for the purposes of receiving and reviewing sales or transactions and use tax records
for the City of Cupertino from B.O.E. The officers referred to as Special Counsel City Attorney
and the City Attorney shall represent the City in any matters pertaining to the ascertainment and
collection of those taxes. Information these parties obtain by examination of B.O.E. records
shall be used only for purposes related to the collection of local sales or use tax information
pursuant to any appointment or contract, or for municipal revenue forecasting. The City Clerk
shall swear in the officers and certify this resolution and forward a certified copy to the B.O.E.
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Resolution No. 12-2093
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of August 2012, by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
Resolution Board of Equalization Appointment 8-13-12
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