HomeMy WebLinkAboutReso 2018-151RESOLUTION NO. 2018-151
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXAMINATION OF
TRANSACTIONS (SALES) AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 3415 of the City of Chula Vista, 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, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
Section 1. That the City Manager, Assistant City Manager, Deputy City Manager, Director of
Finance, and Revenue 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) are 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 Director of Finance, or other officer or employee of the District designated
in writing by the City Manager to the CDTFA are 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) Ensure all businesses within the District are in compliance with the Ordinance;
b) Ensure timely collection of all revenues included within the Ordinance; and
c) Ensure a responsive audit of the revenues is performed on an annual basis.
DocuSign Envelope ID: D029F51B-7986-4D0C-A9A8-464B264FD39A
Resolution No. 2018-151
Page No. 2
The information obtained by examination of CDTFA records shall be used only for those
governmental functions of the District listed above.
*Section 3. That Hinderliter, de Llamas and Associates 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 CDTFA. 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that 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.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: D029F51B-7986-4D0C-A9A8-464B264FD39A
Resolution No. 2018-151
Page No. 3
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of July 2018 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-151 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 24th day of July 2018.
Executed this 24th day of July 2018.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: D029F51B-7986-4D0C-A9A8-464B264FD39A