Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4653) DOC ID: 4653
Updated: 7/14/2022 8:08 AM by Alberto Quintanilla Page 1
AGREEMENT WITH THE COUNTY OF ALAMEDA FOR THE COLLECTION OF TAXES AND ASSESSMENTS FOR FISCAL YEAR 2022/23 - Adopt a Resolution Authorizing the City Attorney to Execute a Certification and Mutual Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2022/23
Contact Persons:
Name: Rocio Fierro Rafael Alvarado
Title: Senior Deputy City Attorney II City Attorney
Div/Dept: City Attorney's Office City Attorney's Office Phone: 510-284-4033 510-284-4030
E-Mail: [email protected] [email protected]
Executive Summary: The County of Alameda collects certain assessments, fees , and taxes (collectively, “Assessments”) on behalf of the City. In order for this to occur, each year the County requires the City to sign a Certification and Mutual Indemnification Agreement. Staff recommends approval of the agreement.
BACKGROUND: Each fiscal year, the City and its consultants transmit to the County of Alameda, Office of the Auditor-Controller, the Assessments to be placed on the secured property tax bill for collection by the County on behalf of the City. The City is responsible for determining the amount of each Assessment and for complying with the requirements of Proposition 218, which is codified in Articl es XIIIC and XIIID of the California Constitution.
DISCUSSION/ANALYSIS: For fiscal year 2022/23, the City’s Assessments that will be included in the County’s property tax bill are community facilities district special taxes, the landscape maintenance dist rict assessment, the clean water protection fee, the paramedic tax, and the Fire Safety General Obligation Bond special tax. In order for the County to collect these Assessments for the City, the County requires the City to sign a Certification and Mutual Indemnification Agreement, which certifies that the Assessments placed on the FY 2022/23 secured property tax bill comply with Proposition 218. The Agreement contains mutual indemnity provisions by which the City agrees to defend and indemnify the County i n any legal action challenging the City's compliance with Proposition 218; in return, the County agrees to collect the Assessments on behalf of the City and to indemnify the City for any liability resulting from the County's sole negligence in assessing, d istributing and collecting the Assessments.
FISCAL IMPACT: There are no direct fiscal impacts to the City. Approval of the agreement will save City staff time and resources by allowing the County to collect taxes and assessments on behalf of the City.
ENVIRONMENTAL REVIEW: None required.
Staff Report (ID # 4653) Meeting of July 19, 2022
Updated: 7/14/2022 8:08 AM by Alberto Quintanilla Page 2 ATTACHMENTS:
• Draft Resolution Approving Agreement with County Auditor-Controller for Collection of FY 2022-23 Assessments-Taxes
• Exhibit A Certification and Mutual Indemnification Agreement FY 2022-23
RECOMMENDATION: Adopt a resolution authorizing the City Attorney to execute a Certification and Mutual Indemnification Agreement with the County of Alameda for the collection of taxes and assessments for Fiscal Year 2022/23 .