Resolution Number 20-09-01-01RESOLUTION NO. 20-09-01-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO AUTHORIZING EXAMINATION OF SALES, USE AND
TRANSACTIONS TAX RECORDS
WHEREAS, the City of San Juan Capistrano 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 local sales, use and transactions taxes; and
WHEREAS, the City Council of the City of San Juan Capistrano deems it desirable
and necessary for authorized representatives of the City to examine the Department's
confidential sales, use and transactions tax records pertaining to sales, use and transactions
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
establishes criminal penalties for the unlawful disclosure of information contained in, or
derived from, the sales, use and transactions tax records of the Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AS FOLLOWS:
Section 1. That the City Manager, or other officer or employee of the City
designated in writing by the City Manager to the California Department of Tax and Fee
Administration, is hereby appointed to represent the City of San Juan Capistrano with
authority to examine sales, use and transactions tax records of the Department pertaining
to sales, use and transactions taxes collected for the City by the Department pursuant to the
contract between the City and the Department. The information obtained by examination of
Department records shall be used only for purposes related to the collection of City sales,
use and transactions taxes by the Department pursuant to that contract.
Section 2. That the City Manager, or other officer or employee of the City
designated in writing by the City Manager to the Department, is hereby appointed to
represent the City with authority to examine those sales, use and transactions tax records
of the Department, for purposes related to the following governmental functions of the City:
(a) City administration
(b) Revenue management and budgeting
(c) Community and economic development
(d) Business license tax administration
The information obtained by examination of Department records shall be used only for those
governmental functions of the City listed above.
Section 3. That Hinderliter, de Llamas & Associates is hereby designated to
examine the sales, use and transactions tax records of the Department pertaining to sales,
use and transactions taxes collected for the City by the Department. The person or entity
designated by this section meets all of the following conditions:
(a) has an existing contract with the City to examine those sales, use and
transactions tax records;
(b) is required by that contract to disclose information contained in, or derived
from, those sales, use and transactions tax records only to the officer or employee
authorized under Sections 1 or 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; and
(d) is prohibited by that contract from retaining the information contained in, or
derived from those sales, use and transactions 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 sales, use and transactions taxes by the
Department pursuant to the contract between the City and the Department and for purposes
relating to the governmental functions of the City listed in section 2 of this resolution.
PASSED, APPROVED, AND ADOPTED this 161 day of September 2020.
9/1/2020
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 20-09-01-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
1s' day of September 2020, by the following vote:
L MEMBERS: Reeve, Maryott, Farias, Taylor and Mayor Bourne
IL MEMBERS: None
IL MEMBERS: None
9/1/2020