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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: