Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING EXAMINATION OF SALES
OR TRANSACTIONS AND USE TAXES RECORDS
WHEREAS, pursuant to Ordinance Number 548, the City of Chula Vista (City) entered into a contract with the California Department of Tax and Fee Administration (CDTFA) to perform all functions incident to the administration and collection of sales and use taxes; and
WHEREAS, pursuant to Ordinance Number 3371, 3415, and 3588 of the City of Chula Vista, and Revenue and Taxation Code section 7270, the City entered into a contract with the CDTFA to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, 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 CDTFA pertaining to sales or transactions and use taxes collected by the CDTFA 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 CDTFA 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 CDTFA; and
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
Section 1. That the City Manager, Assistant City Manager, Deputy City Manager, Director of Finance, Assistant Director of Finance, Budget and Analysis Manager, and Revenue Manager or other officer or employee of the City designated in writing by the Director of Finance to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of th e CDTFA pertaining to sales or transactions and use taxes c ollected for the City by the CDTFA pursuant to the contract between the City and the CDTFA.
Section 2. The information obtained by examination of CDTFA records shall be used only for purposes related to the collection of City sale or transactions and use taxes by the CDTFA pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) Ensure all business withing the City 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.
Resolution No.
The information obtained by examination of CDTFA records shall be used only for those governmental functions of the City listed above.
Section 3. That Hinderliter, de Llamas and Associates is hereby designated to examine the sales or transactions and use tax records of the CDTFA pertaining to sales or transactions and use taxes collected for the City by the CDTFA. 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 the Hinderliter, de Llamas and Associates:
(a) has an existing contract with the City to examine those sales or transactions and use tax records;
(b) is required by that 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 1 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 sales or transactions and use tax records, after that contract has expired.
Section 4. That this resolution supersedes all prior resolutions of the City Council of the City of Chula Visa adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
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 City’s sales or transactions and use taxes by the CDTFA pursuant to the contracts between the City and CDTFA.
Presented by Approved as to Form by
Sarah Schoen Marco A. Verdugo Director of Finance/Treasurer City Attorney