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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 24-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ADOPTING BALLOT PROCEDURES FOR THE CITY’S PROPOSED STORMWATER FEE AMENDMENT WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIII C and XIII D to the California Constitution; and WHEREAS, Article XIII D of the California Constitution imposes certain procedural and substantive requirements relating 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 Article XIII D of the California Constitution. 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 initiating 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 Legislative Intent. In adopting this resolution, it is the Council’s intent to adopt property-related fee ballot proceedings for adoption of a proposed Stormwater Fee Amendment that are consistent and in compliance with Article XIII D of the California Constitution. SECTION 2. Definition of Property-Related Fee. Article XIII D, section 2(e), of the California Constitution 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. Article XIII D, section 6(c), of the California Constitution states “[a]n agency may adopt procedures similar to those for increases in assessments in the conduct of elections” 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: DRAFT