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RESOLUTION NO. 2020-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AUTHORIZING THE EXAMINATION OF
TRANSACTIONS (SALES) AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 638 of The City of Atascadero 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 Board 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 Board;
!I NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS BY THE CITY
COUNCIL OF THE CITY OF ATASCADERO:
Section 1. That the City Manager, Director of Administrative Services, or other officer or employee of
the District designated in writing by the City Manager to the Californiar Dept of Tax and Fee
Administration (hereafter referred to as the CDTFA) is hereby appointed to represent the District with
authority to examine transactions and use tax records of the CDTFA pertain g to f ansactions and use
taxes collected for the District by the CDTFA pursuant to the contract befveen the District and the
CDTFA. The information obtained by examination of CDTFA records sha&e tiseronly fir purposes
related to the collection of the District's transactions and use taxes by the.--CDTFA purgnant to the
contract.
Section 2. That the City Manager, Director of Administrative Services, or other effrcer or employee of
the District designated in writing by the City Manager to the California Dept of Tax and Fee
Administration is hereby appointed to represent the District with authority to examine those
transactions and use tax records of the Board for purposes related to the following governmental
functions of the District:
a) City administration
b) Revenue management and budgeting
n c) Community and economic development
d) Business license tax administration
e) Financial Management
City of Atascadero
Resolution No. 2020-085
Page 2 of 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 & 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 Department. 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 I (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.
BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall
be used only for purposes related to the collection of District's transactions and use taxes by the Board
pursuant to the contracts between the District and Board.
Section 4. That this resolution supersedes all prior transactions and use tax resolutions of the City of
Atascadero adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056.
Introduced, approved and ado ted this 8th day of December, 2020.
ATTEST:
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LM ,.--(ihnste�=n, ' Clerk Heather Moreno, Mayor
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