Resolution 15477CITY OF ALAMEDA RESOLUTION NO. 15477
AUTHORIZING HINDERLITER DE LLAMAS ASSOCIATES (HDL)
ACCESS TO THE CITY'S SALES AND TRANSACTIONS AND USE
TAX RECORDS
WHEREAS, pursuant to Ordinance No. 3231 of the City of Alameda and Section
7270 of the Revenue and Taxation Code, the City of Alameda entered into a contract with
the California Department of Tax and Fee Administration (hereafter referred to as the
CDTFA) to perform all functions incident to the administration and collection of the local
sales and transactions and use taxes; and
WHEREAS, the City deems it desirable and necessary for authorized
representatives of the City to examine confidential sales and transactions and use tax
records of the California Department of Tax and Fee Administration pertaining to sales
and transactions and use taxes collected by the CDTFA for the City pursuant to that
contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of CDTFA records and 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda as
follows:
Section 1. That the Interim City Manager, or other officer or employee of the City
designated in writing by the Interim City Manager to the CDTFA, is hereby
appointed to represent the City of Alameda with authority to examine sales and
transactions and use tax records of the CDTFA pertaining to sales and
transactions and use taxes collected for the City by the CDTFA pursuant to the
contract between the City and the CDTFA. The information obtained by
examination of CDTFA records shall be used only for purposes related to the
collection of the City's sales and transactions and use taxes by the CDTFA
pursuant to the contract.
Section 2. That the Interim City Manager, or other officer or employee of the City
designated in writing by the Interim City Manager to the CDTFA, is hereby
appointed to represent the City with authority to examine those sales and
transactions and use tax records of the CDTFA, for purposes related to the
following governmental functions of the City:
a) community and economic development;
b) revenue management, forecasting and budgeting;
c) detection of misallocations and deficiencies; and
d) business license tax administration
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 & Associates is hereby designated to
examine the sales and transactions and use tax records of the CDTFA pertaining
to sales and 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:
a) has an existing contract with the City to examine those sales and transactions
and use tax records;
b) is required by that contract to disclose information contained in, or derived from
those sales and transactions and use tax records only to the officer or
employee authorized under Section 1 and 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; and
d) is prohibited by that contract from retaining the information contained in, or
derived from those sales and transactions and use tax records, after that
contract has expired; and
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
and transactions and use taxes by the CDTFA pursuant to the contracts between the City
and CDTFA and for purposes relating to the governmental functions of the City listed in
Section 2 of this Resolution.
Section 4. That this resolution supersedes all prior sales and transactions and
use tax resolutions of the City adopted pursuant to subdivision (b) of Revenue and
Taxation Section 7056.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 15th day of January, 2019 by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft-5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 16th day of January, 2018.
APPROVED AS TO FORM:
Michael Roush, Interim City Attorney
City of Alameda
Lara Weisiger, Clerk
City of Alameda