Resolution 15914CITY OF ALAMEDA RESOLUTION NO. 15914
FINDING [NO] MAJORITY PROTEST AND APPROVING THE
CONTINUATION AND COLLECTION OF THE EXISTING 2019 WATER
QUALITY AND FLOOD PROTECTION FEE FOR FISCAL YEAR 2022-
23
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 the fees
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 16 and 23, 2022 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 7,
2022; and
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 2020 to
December 2021 was 4.24%, which is greater than the maximum of 3%, 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 3.00% from the prior year, will be assessed and collected as follows:
Land Use Category
Proposed
FY 2022-23
Residential
Small Under 0.08 ac $ 50.13 per parcel
Medium 0.08 to 0.14 ac $ 81.94 per parcel
Large over 0.14 ac $ 89.36 per parcel
Condo - Med Density $ 50.13 per parcel
Condo - Hi Density $ 25.79 per parcel
Multiple SFR on single parcel pays 16% higher rate
Non -Residential **
Apartment $ 954.09 per acre
Commercial / Retail / Industrial $ 1,138.60 per acre
Office $ 803.74 per acre
Church / Institutional $ 910.39 per acre
Institutional w/Playfield $ 650.53 per acre
Park $ 62.78 per acre
Vacant (developed) $ 62.78 per acre
Open Space / Agricultural exempt
*Single -Family Residential category also includes du -tri -and four-plex units
** Non -SFR parcels size is calculated to a hundredth of an acre
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 2022-23 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 7th day of June 2022, 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 8th day of June 2022.
Lara Weisiger, City CII k
City of Alameda
Approved as to form:
Yibin Shen, ' ity Attorney
City of eda