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Agenda Item No. 5(E) ORDINANCE NO. 2015–07 AN ORDINANCE OF THE CITY OF EL CERRITO SETTING TAX RATES BEGINNING FISCAL YEAR 2015-16 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, since 2004-05, Special Tax rates have been set at the minimum level necessary to service the debt issued to finance the initial reconstruction and renovation of the Swim Center. The Swim Center is now 12 years old, and 10 years have passed since the initial renovations; and WHEREAS, at its May 19, 2015, meeting, the City Council asked for analysis of the need for improvements to the Swim Center and the Special Tax rates that would be necessary to fund any needed improvements. Staff provided the City Council with a report at its July 21, 2015 meeting; and WHEREAS, the City Council has determined that the Swim Center is in need of additional renovation to fulfill the objectives of the City’s voters in approving the Special Tax. As a result, to meet the continuing debt obligations and fund the additional renovations immediately or through the establishment of reserves, the City must set the Special Tax rates at the maximums authorized by the voters. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CERRITO HEREBY ORDAINS AS FOLLOWS: SECTION 1. The above recitals are hereby declared to be true and correct findings of the City of El Cerrito. SECTION 2. Section 4.56.020 of the El Cerrito Municipal Code is hereby amended to read as follows (additions in underline; deletions in strikethrough): B. For Beginning Fiscal Year 2014-15 2015-16, the Special Tax imposed pursuant to Chapter 4.56 of the El Cerrito Municipal Code shall be imposed in the amount ---PAGE BREAK--- Agenda Item No. 5(E) of $58.46 $38.61 per single family residential unit, $45.00 $29.73 per multifamily residential unit, and $410.00 $270.66 per acre of non-residential property. Thereafter, u Unless the Council adopts a further amending ordinance, the Special Tax shall be imposed at the Maximum Rate for each type of property. SECTION 3. 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 4. The approval of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code 21000 et seq., “CEQA,” and 14 Cal. Code Reg. 15000 et seq., “CEQA Guidelines”. This ordinance imposes a tax that can be used only for renovation and reconstruction of the El Cerrito Swim Center, but it is not a commitment to any particular project at this time. As such, under CEQA Guidelines section 15378(b)(4), the ordinance is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the city would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required. THE FOREGOING ORDINANCE was introduced and first read at a regular meeting of the El Cerrito City Council on July 21, 2015, and approved by the following vote on July 21, 2015: AYES: Councilmembers Abelson, Bridges, Quinto and Mayor Friedman NOES: None ABSENT: Councilmember Lyman ABSTAIN: None APPROVED: Mark Friedman, Mayor ATTEST: Cheryl Morse, City Clerk ---PAGE BREAK--- Agenda Item No. 5(E) ORDINANCE CERTIFICATION I, Cheryl Morse, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2015-07 of the City of El Cerrito, that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the day of August 2015; and that said ordinance has been published and/or posted in the manner required by law. WITNESS my hand and the Official Seal of the City of El Cerrito, California, this day of August, 2015. Cheryl Morse, City Clerk