Resolution 15780CITY OF ALAMEDA RESOLUTION NO. 15780
FINDING [NO] MAJORITY PROTEST AND APPROVING THE
CONTINUATION AND COLLECTION OF THE EXISTING 2019
WATER QUALITY AND FLOOD PROTECTION FEE ON THE
PROPERTY TAX BILLS FOR FISCAL YEAR 2021-22
WHEREAS, on July 16, 2019, the City Council of the City of Alameda adopted
Resolution No. 15574 initiating proceedings to obtain approval of the 2019 Water Quality and
Flood Protection Fee ("Fee"), which is a property related fee conforming to Article XIIID,
Section 6 of the California Constitution; and
WHEREAS, on July 16, 2019, the City Council approved the Fee Report for the 2019
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 to finance, in
compliance with Article XIIID 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 thefees for fiscal
year 2020-21 be levied at the rates specified in the Fee Report; and
WHEREAS, Sections 18-32.3 through 18-33.3 of the Ordinance allows the City Council
to review the fee annually and apply a rate increase based on the change in the CPI and to
collect the fees on the property tax roll in the same manner, by the same persons, and at the
same time as, the general taxes; and
WHEREAS, provisions of California Health and Safety Code Section 5473.1, require a
public hearing to be held each year that the fees are to be collected on the property tax roll
and a notice to be published in a local newspaper; and
WHEREAS, the notice of the public hearing was published in a local Alameda paper
the weeks of May 10 and May 17, 2021 notifying 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;
and
WHEREAS, a public hearing was held in the City Council Chambers on June 1, 2021.
WHEREAS, the City Council of the City of Alameda finds and determines as follows:
1. There is a need in the City to continue collecting the 2019 Water Quality and
Flood Protection Fee to cover the costs of the Stormwater Program.
2. The facts and evidence presented establish that there is a reasonable
relationship between the need for this fee and the impacts for which this fee
shall be used, and that there is a reasonable relationship between the fee's
use and the properties, which are to be charged this fee. These relationships
or nexuses are described in more detail in the above referenced Fee Report;
and
3. The change in the Consumer Price Index from December 2019 to December
2020 was 2.00%, which is less than the maximum of 3.00%, and
4. The amounts of the fee for each category of property, as set forth below, are
reasonable amounts, as such fees are based on the methodology established
in the Fee Report, and
5. A majority protest was not formed 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda as
follows:
SECTION 1. Charge. The 2019 Water Quality and Flood Protection Fee shall continue
to be charged to each parcel within the City to contribute to the costs of the City's Stormwater
Program.
SECTION 2. Use of Revenue. The revenue derived from said Fee shall be used in
connection with implementing and enforcing Section 18-31.1 of the Alameda Municipal Code.
SECTION 3. Schedule of Charges. Annual fees for each category of property, which
are increased by 2.00% from the prior year, will be assessed and collected as follows:
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Small "er
OM ac $
48.68 perparcel
Medium & tt to
014 a: S
79.56 perparcel
Large awry
014 at $
86.77 perparcel
Conch- Med Density
$
48.58 perpercel
Cando- Hi Density
$
25.44 per parcel
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Vacant (developed)
$
Apart,rwwwt
$
926.31 prracer
Commercial /Retail/ IndusWal
$ 1,105:A4 per acre
Office
$
'780.33 per acre
CI•urrh/InstrtL03nat
$
883.88 per acre
Insiituticmal w/Playtield
$
63:.5& per acre
Park
$
60,96 per acre
Vacant (developed)
$
6(A96 per acre
Open Space /Agricultural
exempt
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SECTION 4. Fees Collected with General Taxes. The City Council hereby orders for the
collection of Water Quality and Flood Protection fees for Fiscal Year 2021-22 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.
SECTION 5. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to
challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from
the date of its adoption.
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 1St day of June 2021, by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Knox White, 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 2nd day of June 2021.
Lara Weisiger, City Clerk`,
City of Alameda
Approved as to form:
Yibin Shen, City Attorney
City of Alameda