Reso 2024-031 Balloting Procedures for Stormwater Fee

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2024-031 RESOLUTION ADOPTING BALLOT PROCEDURES FOR THE CITY’S PROPOSED STORMWATER FEE AMENDMENT WHEREAS, Proposi�on 218 was adopted on November 6, 1996, adding Ar�cles XIII C and XIII D to the California Cons�tu�on; and WHEREAS, Ar�cle XIII D of the California Cons�tu�on imposes certain procedural and substan�ve requirements rela�ng to property-related fees; and WHEREAS, barring a protest by a majority of affected property owners, the City of San Leandro (“City”) intends to conduct a ballot proceeding to obtain approval of a proposed property-related fee, called the “Stormwater Fee Amendment” consistent with the procedures established in Ar�cle XIII D of the California Cons�tu�on. If approved, the Stormwater Fee Amendment would raise revenue to pay for services provided by the City that are necessary to repair, replace, operate and maintain pipes and other infrastructure to prevent system failure and sinkholes, protect clean drinking water, comply with mandated clean water standards, and protect the City against future flooding; and WHEREAS, the City is ini�a�ng the process necessary to adopt the Stormwater Fee Amendment. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: SECTION 1. Statement of Legisla�ve Intent. In adop�ng this resolu�on, it is the Council’s intent to adopt property-related fee ballot proceedings for adop�on of a proposed Stormwater Fee Amendment that are consistent and in compliance with Ar�cle XIII D of the California Cons�tu�on. SECTION 2. Defini�on of Property-Related Fee. Ar�cle XIII D, sec�on 2(e), of the California Cons�tu�on defines “fee” as “any levy other than an ad valorem tax, a special tax, or an assessment, imposed by an agency upon a parcel or upon a person as an incident of property ownership, including a user, or charge for a property related service.” SECTION 3. Property-Related Fee Ballot Proceeding. Ar�cle XIII D, sec�on 6(c), of the California Cons�tu�on states “[a]n agency may adopt procedures similar to those for increases in assessments in the conduct of elec�ons” for a property-related fee. The following procedures shall be used to conduct a ballot proceeding to seek property owner approval of the proposed Stormwater Fee Amendment: A. Providing No�ce and Receiving and Tabula�ng Writen Protests: The City shall follow the procedures for proving no�ce and receiving and tabula�ng writen protests pursuant to California Cons�tu�on Ar�cle XIII D, Sec�on 6(a), and all applicable laws. B. Property-Related Fee Ballots: The following guidelines shall apply to the property-related fee ballots: 1. The record owner(s) of each parcel to be subject to the Stormwater Fee Amendment shall be determined from the last equalized property tax roll. 2. The ballot shall be designed in such a way that, once sealed, its contents are concealed. 3. The ballot and/or ballot guide provided by this sec�on shall contain the following informa�on: i. The reason for the proposed Fee; ii. The total amount to be charged to parcels City-wide;