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Q\ EL CERRITCJ AGENDA BILL Agenda Item No. 5(8) Date: May 7, 2013 To: El Cerrito City Council From: Lori Trevino, Economic Development Manager Lisa Malek-Zadeh, Finance Director/City Treasurer Subject: Second Reading of Ordinance Establishing the Measure A Swim Center Parcel Tax Rates for FY 2013-14 ACTION REQUESTED Adopt Ordinance 2013-02 establishing the Measure A Swim Center Parcel Tax rates for FY 2013-14, equal to the approved FY 2012-13 rates of $38.61 per single-family residential unit, $29.73 per multifamily residential unit, and $270.66 per acre of non- residential property. BACKGROUND The City Council adopted first reading of the ordinance on April16, 2013 by unanimous vote. The ordinance amends Chapter 4.56 of the El Cerrito Municipal Code to set the special tax rates for the Measure A Parcel Tax lower than the maximum rates permitted in the Code. NBS Local Government Solutions, the Engineer for the parcel tax rates, has completed their analysis and, should the City Council adopt Ordinance 2013-02, will submit their report to the Contra Costa County Auditor-Controller's Office by August 10, 2013 so that the County may include the City's Parcel Tax in the property tax bills. Scott Hanin, City Manag~ Attachments: 1. Ordinance 2013-02 ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 ORDINANCE NO. 2013–02 AN ORDINANCE OF THE CITY OF EL CERRITO SETTING REDUCED TAX RATES FOR FISCAL YEAR 2013-14 ONLY FOR THE SPECIAL TAX IMPOSED PURSUANT TO CHAPTER 4.56 OF THE EL CERRITO MUNICIPAL CODE WHEREAS, Chapter 4.56 of the El Cerrito Municipal Code provides for a special tax (the “Special Tax”) for the purpose of renovating and reconstructing the El Cerrito Swim Center (the “Swim Center”), rehabilitating the Canyon Trails Clubhouse, and performing access and restroom renovations to the Harding, Huber, and Poinsett Park Clubhouses (collectively, the “Authorized Improvements”); and WHEREAS, the Special Tax was approved by the voters at the March 7, 2000 election as Measure A and includes a maximum rate authorized per single-family residential unit, multi- family residential unit, and acre of non-residential property (the “Maximum Rates”); and WHEREAS, each fiscal year, the City Council may amend Section 4.56 of the El Cerrito Municipal Code to reflect the lower rates if it determines that it is in the public interest to do so, or else the Maximum Rates will be levied; and WHEREAS, the City Council has determined that the City will be able to meet its Fiscal Year 2013-14 obligations in connection with funding and financing the Authorized Improvements, by levying the Special Tax at rates lower than the Maximum Rates. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CERRITO HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Sections 4.56.020 of the El Cerrito Municipal Code is hereby amended to read as follows (additions in underline; deletions in strikethrough): B. For Fiscal Year 2012-13 2013-14, the Special Tax imposed pursuant to Chapter 4.56 of the El Cerrito Municipal Code shall be imposed in the amount of $38.61 per single family residential unit, $29.73 per multifamily residential unit, and $270.66 per acre of non-residential property. Thereafter, unless the Council adopts a further amending ordinance, the Special Tax shall be imposed at the Maximum Rate for each type of property. SECTION 2. It is the intent of the City Council that, if any tax imposed under this Ordinance is for any reason held to be unconstitutional or contrary to state law, the tax which would have been imposed had this ordinance not been adopted shall remain effective. SECTION 3. This ordinance shall take effect thirty days after passage and within fifteen days after passage, a summary of this ordinance shall be posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Council members voting for and against it. ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 THE FOREGOING ORDINANCE was introduced and first read at a regular meeting of the El Cerrito City Council on April 16, 2013 and approved by the following vote: AYES: Councilmembers Abelson, Benassini, Bridges, Friedman and Mayor Lyman NOES: None ABSENT: None ABSTAIN: None THE ORDINANCE was adopted at a regular meeting of the El Cerrito City Council on May 7, 2013 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS APPROVED: Gregory B. Lyman, Mayor ATTEST: Cheryl Morse, City Clerk