HomeMy WebLinkAbout2015 089 CC RESO RESOLUTION NO. 2015-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AUTHORIZING THE EXAMINATION OF PREPAID
MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE
RECORDS BY AGENTS AND/OR REPRESENTATIVES OF THE
CALIFORNIA STATE BOARD OF EQUALIZATION
WHEREAS, pursuant to Ordinance No. 908 of the City of Baldwin Park and the Local
Prepaid Mobile Telephony Services Collection Act, the City of Baldwin Park (hereinafter the
"Local Jurisdiction" or the "City"), entered into a contract with the California State Board of
Equalization (hereafter the "State Board" or the "Board"), to perform all functions incident to
the administration and collection of the prepaid mobile telephony services surcharge and
local charges (Rev. & Tax. Code, § 42101.5); and
WHEREAS, the City deems it desirable and necessary for authorized representatives
of the Local Jurisdiction to examine confidential prepaid mobile telephony services
surcharge and local charge records pertaining to the prepaid mobile telephony services
surcharge and local charges collected by the Board for the City pursuant to that contract;
WHEREAS, the Board will make available to the City any information that is
40 reasonably available to the Board regarding the proper collection and remittance of a local
charge of the City by a seller, including a direct seller, subject to the confidentiality
requirements of Sections 7284.6, 7284.7 and 19542 of the Revenue and Taxation Code;
and
WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets forth
certain requirements and conditions for the disclosure of Board of Equalization records and
establishes criminal penalties for the unlawful disclosure of information contained in or
derived from the prepaid mobile telephony services surcharge and local charge records of
the Board;
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
Section 1. That the Finance Director and/or Accounting Manager, or other officer or
employee of the City, designated in writing by the Chief Executive Officer to the Board, is
hereby appointed to represent the City with the authority to examine prepaid mobile
telephony services surcharge and local charge records of the Board, pertaining to
prepaid mobile telephony services surcharge and local charges collected for the City by
the Board, pursuant to the Agreement between the City and the Board. The information
obtained by examination of Board records shall be used only for purposes related to the
collection of the City's prepaid mobile telephony services surcharge and local charges by the
Board pursuant to the contract.
410
Resolution No. 2015-089
August 19,2015
Page 2
• Section 2. That the Finance Director and/or Accounting Manager, or other officer or
employee of the City designated in writing by the Chief Executive Officer to the Board is
hereby appointed to represent the City with the authority to examine those prepaid mobile
telephony services surcharge and local charge records of the Board for purposes related to
the governmental function of the Tax Collection Purposes for the City. The information
obtained by examination of Board records shall be used only for those governmental
functions of the Local Jurisdiction listed above.
Section 3. That the information obtained by examination of the Board records shall
only be used for purposes related to the collection of the City's prepaid mobile telephony
services surcharge and local charges by the Board pursuant to the Agreement between
the City and Board, or for purposes related to other governmental functions of the City, as
identified above in section 2
Section 4. That the City Clerk shall certify to the adoption of this Resolution and the
same shall be in full force and effect immediately upon its adoption
PASSED, APPROVED and ADOPTED this •st day of August 2015.
. NUEL OZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing resolution 2015-087 was duly and regularly approved and adopted by the City
Council of the City of Baldwin Park at a regular meeting of the City Council held on
August 19, 2015, by the following vote:
AYES:COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: None.
ABSTAI roe/ UNCIL MEM RS: None.
/ iiiiii, ---A4
ALEJANDRA VILA,
III CITY CLERK