Resolution 15622CITY OF ALAMEDA RESOLUTION NO. 15622
CERTIFYING THE TABULATION RESULTS FOR THE 2019 WATER
QUALITY AND FLOOD PROTECTION FEE INITIATIVE
WHEREAS, on July 16, 2019, the City Council of the City of Alameda adopted
Resolution No. 15574 initiating proceedings to obtain approval of the proposed new 2019
Water Quality and Flood Protection Fee ("Fee"), which is a property related fee
conforming to Article XIIID, Section 6 of the California Constitution; approving the Fee
Report dated July 2019 for the 2019 Water Quality and Flood Protection Fee ("Fee
Report"); and setting a public hearing before the City Council on October 1. 2019, to
consider all property owner protests to the proposed fee; and
WHEREAS, on July 16, 2019, the City Council of the City of Alameda adopted
Resolution No. 15575 adopting ballot procedures applicable to the proposed Fee
pursuant to Article XIIID, Section 6(c) of the California Constitution; and
WHEREAS, pursuant to the provisions of Article XIIID of the California
Constitution, the City has provided 45-days' written mailed notice to each record owner
of parcels of real property subject to the Fee of a public hearing, which was held at a
regular meeting of the City Council on October 1, 2019, at 7:00 pm in the City Council
Chambers on the issue of whether the proposed property related Fee should be levied
and collected as proposed in the Fee Report for Fiscal Year 2020-21; and
WHEREAS, the City Council adopted Resolution No. 15598 finding that a majority
protest did not exist, ordering a ballot proceeding to obtain property owner approval for
the fee consistent with Resolution 15575, directing the City Manager to vote "yes" on all
City-owned parcels, and submitting the Fee Ordinance for voter approval; and
WHEREAS, on October 11, 2019 a ballot and information guide were mailed to
every owner or property that would be subject to the proposed Fee; and
WHEREAS, the balloting period for the proposed Fee closed on November 25,
2019 at 6:00 p.m.; and
WHEREAS, the tabulation of the ballots is complete.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
as follows:
SECTION 1. Tabulation of the Written Protests. For each valid ballot, each property
subject to the proposed fee counted as one vote. Property owners with more than one
property could have up to 14 properties listed on a ballot, with each property counting as
one vote, resulting in more than one vote for that ballot. Therefore, since some ballots
contained more than one vote, the total number of valid votes (8,644) is larger than the
total number of valid ballots (7,298). The canvass of the fee ballots submitted by property
owners has been computer-tabulated and certified by the City Clerk, and the votes cast
are as follows:
Ballots Votes
Total Received 7,377 8,743
Total Valid 7,298 8,644
Invalid 79 99
YES
4,290 4,924 56.96%
NO 3,008 3,720 43.04%
SECTION 2. Ballot Return Rate. 7,377 fee ballots were returned and received prior to
the close of the balloting period on November 25, 2019. This represents a 40.8% ballot
return rate on the 18,078 ballots mailed. Of the fee ballots returned, 79 ballots were
declared invalid, in that they were either not marked with a "Yes" or "No", were marked
with both a "Yes" and a "No," were not signed, or the property ownership and barcode
information was illegible.
SECTION 3. Ballots Results. As determined by ballots cast, 56.96% of the votes cast by
property owners were in support of the measure. Since a majority protest, as defined by
Article XIII D of the California Constitution, did not exist, this Council thereby acquired
jurisdiction to order the levy of the 2019 Water Quality and Flood Protection Fee, and the
Ordinance adding Article IV to Chapter 18 of the Municipal Code to establish the Water
Quality and Flood Protection Fee is hereby adopted.
SECTION 4. Findings. The City Council finds that the 2019 Water Quality and Flood
Protection Fee is being implemented in compliance with the requirements of Proposition
218, as codified in Article XIII D of the California Constitution. Based on the oral and
documentary evidence, including the 2019 Water Quality and Flood Protection Fee
Report, received by the Council, the Council expressly finds and determines that it is in
the best interest of the City and the public to order the fee to be levied.
SECTION 5. Ordering of the Levies. The Council hereby orders the fees for fiscal year
2020-21 shall be levied at the rates specified in the 2019 Water Quality and Flood
Protection Fee Report.
SECTION 6. CPI. The authorized maximum fee amount to be levied in future fiscal years
shall be increased annually based on the San Francisco-Oakland-Hayward Consumer
Price Index for All Urban Consumers (CPI), not to exceed 3% per year. The fee amount
charged in any year cannot exceed the cost to provide the clean water and storm
protection services and improvements.
SECTION 7. Corrections. The 2019 Water Quality and Flood Protection Fee, as it applies
to any parcel, may be corrected, cancelled or a refund granted as appropriate, by order
of the City Council or its designee, Public Works Director, by a determination from the
City Council or the Public Works Director that the fee for that parcel should be revised to
be consistent with the fee method established in the Fee Report. Any such corrections,
cancellations or refunds shall be limited to the current fiscal year in which the correction,
cancellation or refund was requested.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 17th day of December 2019, by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft — 5.
NOES: None.
ABSENT: None,
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 18th day of December 2019.
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
Yibin Shen, City Attorney
City of Alameda