Resolution 15681CITY OF ALAMEDA RESOLUTION NO. 15681
FINDING NO MAJORITY PROTEST AND DIRECTING THE
COLLECTION OF FEES ON THE PROPERTY TAX BILLS FOR
FISCAL YEAR 2020-21
WHEREAS, on July 16, 2019, the City Council of the City of Alameda adopted
Resolution No. 1557 4 initiating proceedings to obtain approval of the 2019 Water Quality
and Flood Protection Fee ("Fee"), which is a property related fee conforming to Article
XI liD, Section 6 of the California Constitution; and
WHEREAS, on July 16, 2019, the City Council approved the Fee Report for the
Water Quality and Flood Protection Fee ("Fee Report") which sets forth the basis and the
amount of the Water Quality and Flood Protection Fees on various parcels of land in order
to finance, in compliance with Article XI liD of the Constitution, the Water Quality and Flood
Protection Fee program needs; and
WHEREAS, on October 1, 2019, the City Council introduced Ordinance No. 3258
establishing Chapter 18, Article IV of the Alameda Municipal Code for the purpose of
establishing the Water Quality and Flood Protection Fee and directed a mail ballot
proceeding in accordance with Article XIII of the Constitution, Section 53755.5 of the
Government Code and Alameda Resolution No. 15575; and
WHEREAS, on December 17, 2019, by its Resolution 15622, the City Council of
the City of Alameda found that the Fee was approved by 56.96% of the returned ballots
from property owners of the property subject to the fee and thereby ordered that the fees
for fiscal year 2020-21 be levied at the rates specified in the Fee Report; and
WHEREAS, Section 18.33.3 of the Water Quality and Flood Protection Ordinance
allows collection of the fees on the property tax roll in the same manner, by the same
persons, and at the same time as, the general taxes pursuant to Section 5473 and 5473.1
of the California Health and Safety Code; and
WHEREAS, California Health and Safety Code Section 5473 permits such
collection on the property tax rolls upon the approval of an ordinance or resolution
authorizing such by a two-thirds vote of the City Council; and
WHEREAS, provisions of California Health and Safety Code Section 5473.1,
require a written notice to be mailed to each record owner of parcels of real property
subject to the fee of a public hearing when fees are to be collected on the tax roll for the
first time as is the case for the Water Quality and Flood Protection Fee; and
WHEREAS, the notice of the public hearing was mailed on [date] notifying record
owners of the following: (a) the reason for the public hearing -Method of Collection; (b)
the date, time and place of the public hearing; and (c) a summary of the effect of a majority
protest; and
WHEREAS, an annual written report containing a summary of the fees to be
charged and a description of the parcels of real property subject to the Fee was filed with
City Clerk.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
as follows:
SECTION 1. Tabulation of Written Protests. The tabulation of written protests by the City
Clerk is complete. A total of 13 written protests have been submitted representing 0.06%
of the 20,224 identified parcels subject to the 2019 Water Quality and Flood Protection
Fee. Therefore, the City Council hereby finds that a majority protest does not exist as
defined in Section 5473.2 of the Health and Safety Code with respect to the tax-roll
method of collection of the Water Quality and Flood Protection Fee.
SECTION 2. Fees Collected with General Taxes. The City Council hereby orders for the
collection of Water Quality and Flood Protection fees for Fiscal Year 2020-21 on the tax
roll in the same manner, by the same persons and at the same time as, and together with
and not separately from, its general taxes.
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 21st day of July 2020, 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 22nd day of July 2020.
~--~ L
Lara Weisiger, Ci~
City of Alameda
Approved as to form: