Resolution No. 2022-86 | W-Trans and Strategic Economics, Inc.; Access Sales and Use Tax Data | Adopted 11/21/2022
RESOLUTION NO. 2022-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING W-TRANS AND
STRATEGIC ECONOMICS, INC. TO ACCESS SALES
AND USE TAX DATA WITHIN THE CITY OF GILROY
FOR PURPOSES OF DEVELOPING THE DOWNTOWN
PARKING MANAGEMENT PLAN
WHEREAS, on September 12, 2022, the City Council approved a contract with W-Trans
for developing the Downtown Parking Management Plan for the City of Gilroy; and
WHEREAS, a component of that plan development involves economic analysis by the
sub-consultant Strategic Economics, Inc., of the businesses within the downtown parking
management plan area, including analysis of benefits and impacts to each business in the plan area;
and
WHEREAS, under the California Revenue and Taxation Code, Section 7056, a legislative
body may authorize by resolution any person to examine sales and use tax data if it makes certain
certifications, including:
(A) The consultant has an existing contract with the city to examine sales and
use tax records associated with the purposes of that contractual service.
(B) The consultant is required by that contract to disclose the information
contained in, or derived from, those sales or transactions and use tax records
only to an officer or employee of the city who is authorized by resolution to
examine the information.
(C) The consultant is prohibited by its contract from performing consulting
services for a retailer during the term of the contract.
(D) The consultant 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing recitals are true and correct and incorporated herein.
2. That the City Council authorizes the City Administrator to execute a
nondisclosure agreement, in a form approved by the City Attorney, and to
release confidential sales tax information to W-Trans and their sub-consultant
Strategic Economics, Inc. for use in the development of the Downtown Parking
Management Plan, provided that no individual taxpayer information be publicly
released unless expressly authorized by law.
Resolution No. 2022-86
W-Trans and Strategic Economics, Inc.; Access Sales and Use Tax Data
City Council Regular Meeting | November 21, 2022
Page 2 of 2
PASSED AND ADOPTED this 21st day of November 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, LEROE-
MUÑOZ, MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Nov 22, 2022 11:21 PST)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-86 is an original resolution, or true and correct copy of a city Resolution,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, November 21, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Monday, November 21, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)