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Agenda Item 25.

City Council Meeting

Meeting Date:	08/20/2019
FROM:	Bill Gallardo

Subject:

Authorize the Execution of Certificates to provide Certain Indemnification in favor of the County of Orange in Connection with Submittal of Special Assessment and Special Tax Levy Information and Taking Other Related Actions

RECOMMENDATION

Approve resolution and authorize the Mayor or City Manager to execute.

BACKGROUND/DISCUSSION

In June of each year, the County of Orange Auditor-Controller's Office requests agencies, including the City of Brea, to provide special assessment and special tax information to be placed on the upcoming fiscal year secured tax roll of the County of Orange. The County collects special assessment and special tax levies on behalf of the City and information is due to the Orange County Auditor-Controller's Office by August 10 per Government Code (GC) §26911, Health and Safety (H&S) Code §5474.4 & §101330. For the City of Brea, special assessments and special taxes includes lighting and landscape districts, community facility districts and the City's paramedic tax.

In addition to the 2019-20 special assessment and special tax levy information, the County has now requested that the City furnish a certificate (the “2019-20 Certificate”) providing for the City’s indemnification of the County, the County Board of Supervisors, the County Auditor-Controller, its officers and employees with respect to potential litigation over whether the requirements of Proposition 218 (which added Articles XIIIC and XIIID to the California State Constitution) were met by the City with respect to such assessments.

The City Attorney's Office reviewed the County's requested form and with some modifications, received approval from the County on the certificate which is Exhibit A to the Resolution attached to this staff report.

The Mayor or City Manager as recommended to execute this annual certificate for FY 2019-20 and future submittals assuming substantially similar to the FY 2019-20 certificate.

FISCAL IMPACT/SUMMARY

There is no fiscal impact.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Alicia Brenner, Senior Fiscal Analyst
Concurrence: Cindy Russell, Administrative Services Director

Attachments
Resolution