Resolution 15574CITY OF ALAMEDA RESOLUTION NO. 15574
DECLARING INTENTION TO INITIATE A PROCEEDING TO OBTAIN
APPROVAL OF THE CITY'S 2019 WATER QUALITY AND FLOOD
PROTECTION FEE, A PROPERTY-RELATED FEE CONFORMING TO
ARTICLE XIII D, SECTION 6 OF THE STATE CONSTITUTION
WHEREAS, the City of Alameda is initiating the 2019 Water Quality and Flood
Protection Fee Initiative; and
WHEREAS, the City maintains and manages a municipal storm drainage system
that includes capital improvements, maintenance and operations, and activities to ensure
compliance with all state and federal regulations associated with the National Pollutant
Discharge Elimination System ("NPDES"); and
WHEREAS, the City's comprehensive storm drainage system includes man-made
drainage elements such as curbs and gutters, ditches, culverts, pipelines, manholes,
catch basins (inlets), and outfall structures that serve as an integral part of the system;
and
WHEREAS, the City, through its storm drainage system, provides stormwater
services ("Services") that include, but are not limited to, collecting, conveying, and
managing stormwater runoff from properties within the City; and
WHEREAS, several studies have been performed to better understand the
condition and capacity of this critical infrastructure system, and found $30 million in high-
priority capital improvement projects, in addition to annual maintenance and operations
costs; and
WHEREAS, the City does not have adequate funding to pay for all of the storm
drainage system needs identified above, and in order to finance these needs the City
would need to enact the 2019 Water Quality and Flood Protection Fee in compliance with
Article XIII D of the Constitution, which would require a ballot proceeding; and
WHEREAS, the City Council authorized SCI Consulting Group to perform a rate
study and draft a Stormwater Fee Report ("Fee Report") to determine the amount of the
fees on various parcels of land that would, in compliance with Article XIII D of the
Constitution, finance certain capital improvements, operations and maintenance needs
and NPDES clean water compliance needs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
as follows:
SECTION 1 . Intention to Seek Approval of a Property Related Fee. The City inten'ds to
seek property owner approval of a proposed property related fee to fund the Services
("2019 Water Quality and Flood Protection Fee"), pursuant to Article XIII D, Section 6 of
the California Constitution.
SECTION 2. Fee Study. SCI Consulting Group has prepared and submitted to the City
a Fee Report concerning the proposed 2019 Water Quality and Flood Protection Fee.
The Fee Study report has been made, filed with the City, and duly considered by the City
Council, and is hereby deemed sufficient and approved. The Fee Study shall stand as the
Fee Study for all subsequent proceedings under and pursuant to this resolution.
Reference is hereby made to the Fee Study for the following: (a) a description of the
Services; (b) the identification of the parcels upon which the 2019 Water Quality and Flood
____ --LP_._rotectionEee-is_proposed;-(c)-tne-proportionai-Gost-of-the-Serviee-s-attFibutab!e-t<reaell----
parcel; (d) the amount of the Fee proposed for each parcel; and (e) the basis upon which
the amount of the proposed Fee was calculated.
SECTION 3. Total Amount of Stormwater Fee. The amount of the proposed 2019 Clean
Water and Storm Protection Fee, if approved, that would be collected in Fiscal Year 2019-
20 would be up to approximately $2,892,1 00.
SECTION 4. Clean Water and Storm Protection Services. The proposed 2019 Water
Quality and Flood Protection Fee will provide funds for operations and maintenance
activities, capital improvements, and activities to help ensure City compliance with all
state and federal clean water requirements under the National Pollutant Discharge
Elimination System permits issued by the San Francisco Bay Regional Water Quality
Control Board.
SECTION 5. Public Hearing. A noticed public hearing shall be held before this Council
at the City Council chambers at 2263 Santa Clara Avenue, 3rd Floor, Alameda CA 94501,
and is tentatively planned on October 1, 2019, at 7:00 p.m. for the purpose of conducting
a hearing and to consider all protests of property owners regarding the proposed 2019
Water Quality and Flood Protection Fee and this Council's determination whether the
public interest, convenience and necessity require the services. The date set forth above
for the public hearing may be delayed without returning for additional approval by the
Council, provided that such date is not less than forty-five (45) days after the mailing of
the notice required and described in Section 6 below.
SECTION 6. Notice of Public Hearing. The City Clerk is hereby directed to cause a notice
of the hearing ordered hereof ("Notice") to be given in accordance with law by mailing,
postage prepaid in the United States mail, and such Notice shall be deemed to have been
given when so deposited in the mail. The Notice shall be mailed to all record owners, who
shall be those persons whose names and addresses appear on the last equalized
secured property tax assessment roll for the County of Alameda, or in the case of any
public entity, the representative of such public entity at the address thereof known to the
City Clerk or SCI Consulting Group. The Notice shall be mailed not less than forty-five
(45) days before the date of the public hearing.
SECTION 7. Majority Protest. If written protests against the proposed Water Quality and
Flood Protection Fee are presented to the Council by a majority of owners of the identified
parcels before the end of the public hearing, the Fee shall not be imposed. Otherwise,
this Council may authorize the City to proceed with a property owner ballot proceeding.
SECTION 8. Description of the Proposed 2019 Water Quality and Flood Protection Fee.
Information regarding the 2019 Water Quality and Flood Protection Fee, including but not
limited to the amount of the Fee proposed to be imposed upon each parcel, the basis
upon which the amount of the proposed Fee was calculated, the reason for the Fee, and
other elements of the Fee shall be described in the Fee Study, Notice of Public Hearing,
Ballot Guide and/or Ballot.
SECTION 9. Fiscal Controls. All revenues received from the proposed 2019 Water
Quality and Flood Protection Fee shall be spent only to fund the Services. Water Quality
and Flood Protection Fee revenues received will be deposited into a separate account or
fund.
SECTION 10. Cost-of-Living Adjustment Mechanism. If approved by property owners,
the 2019 Clean Water and Storm Protection Fee shall be imposed annually. The
maximum rate of the 2019 Clean Water and Storm Protection Fee may be adjusted in
future years by an amount equal to the annual change in the Consumer Price Index
("CPI") for All Urban Consumers in the San Francisco Bay Area, not to exceed 3% (three
percent) per year without a further vote or balloting process, and any excess CPI may be
held in "reserve" to be used in future years when the CPI is less than 3%.
*****
I, the undersigned, herby 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 16th day of July, 2019, by the following vote:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
--------------Mayor-Ezzy-Asheraft-~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 17th day of July, 2019.
Lara Weisiger, Cit lerk
City of Alameda