RESOLUTION NO. 2024-020
AN AMENDED AND RESTATED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS WHEREAS, at the November 21, 2023, regular City Council Meeting, the Chino City Council of the City of Chino (“City”) introduced by first reading the “City of Chino Transactions and Use Tax Ordinance,” to be submitted to the City’s voters that establishes a general-purpose one-percent (1%) retail transactions and use tax measure within the City of Chino; and WHEREAS, on March 5, 2024, the residents of the City approved, by a general vote pursuant to Article XIIIC of the California Constitution, the “City of Chino Public Safety, Roads, essential Services Measure” (“Measure V”) enacting the “City of Chino Transactions and Use Tax Ordinance”; and WHEREAS, pursuant to Ordinance Number 316, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Ordinance Number 2024-007, Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS the City Council of the City deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are true and are incorporated herein.
SECTION 2. The City Manager, Assistant City Manager, Economic Development Manager, Director of Finance, Deputy Director of Finance, Management Analyst (Finance Department), Management Analyst (Administration Department), and Senior Management Analyst (Administration Department), or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration are hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department (“Department Contract”). The information obtained by examination of Department records shall be used only for purposes related to the collection of the City’s sales or transactions and use taxes by the Department pursuant to the Department Contract.
SECTION 3. The City Manager, Assistant City Manager, Economic Development Manager, Director of Finance, Deputy Director of Finance, Management Analyst (Finance Department), Management Analyst (Administration Department), and Senior Management Analyst (Administration Department) are hereby appointed to represent the City with authority to examine those sales or transactions and use tax records of the City for purposes related to the following governmental functions of the City:
a) functions related to sales, transaction, and/or use tax collection or administration; and b) functions related to budgeting and forecasting of revenue; and c) functions related to the detection of misallocations and deficiencies.
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.
SECTION 4. That Hinderliter, de Llamas, and Associates (“HdL”) is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and HdL (“HdL Contract”):
a) has an existing contract with the City to examine those sales or transactions and use tax records; b) is required by the HdL Contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 2 of this resolution to examine the information. c) is prohibited by the HdL Contract from performing consulting services for a retailer during the term of the HdL Contract; d) is prohibited by the HdL contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
The information obtained by examination of Department records shall be used only for purposes related to the collection of City’s sales or transactions and use taxes by the City pursuant to the Department Contract.
SECTION 5. That this resolution supersedes all prior resolutions of the City Council of the City adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 16th DAY OF APRIL 2024.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
State of California )
County of San Bernardino ) ss.
City of Chino )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 16TH day of April 2024, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
RESOLUTION NO. 2024-020
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