Reso 2024-044 Stormwater Fee Amendment

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2024-044 RESOLUTION FINDING THAT A MAJORITY PROTEST DOES NOT EXIST, DIRECTING A PROPERTY- OWNER BALLOT PROCEEDING FOR THE CITY’S STORMWATER FEE AMENDMENT, AND DIRECTING THE CITY MANAGER TO VOTE “YES” FOR CITY OF SAN LEANDRO OWNED PARCELS WHEREAS, on April 2, 2024, the City Council of the City of San Leandro adopted Resolution No. 2024-030 initiating proceedings to obtain approval of the proposed Stormwater Fee Amendment (“Fee Amendment”), which is a property related fee conforming to Article XIII D, Section 6 of the California Constitution; approving the Fee Report for the Stormwater Fee (“Fee Report,” dated March 2024); and setting a public hearing before the City Council on May 20, 2024 in the City Council Chambers at 835 East 14th Street, San Leandro, CA 94577 at 7:00 pm to consider all property owner protests to the proposed fee; and WHEREAS, on April 2, 2024, the City Council of the City of San Leandro adopted Resolution No. 2024-031 adopting ballot procedures applicable to the proposed fee pursuant to Article XIIID, Section 6(c) of the California Constitution; and WHEREAS, pursuant to the provisions of Article XIII D of the California Constitution, the City has provided a 45-day written mailed notice to each record owner of parcels of real property subject to the Stormwater Fee Amendment of a public hearing, which was held at a regular meeting of the City Council on May 20, 2024 at 7:00 pm in the City Council Chambers on the issue of whether the proposed property related fee should be levied and collected as proposed in Option 2 of the Stormwater Fee Report for Fiscal Year 2024-2025; and WHEREAS, the mailed notice of the public hearing contained the following information: a) the total amount of fee proposed to be levied for fiscal year 2024-2025; b) the fee chargeable to each parcel type (land use category); c) the reason for the Fee Amendment; d) the basis upon which the amount of the proposed Fee Amendment was calculated; e) the date, time and place of the public hearing as specified in this Resolution; f) a summary of the effect of a majority protest; and WHEREAS, the San Leandro Parking Authority, as a property owner subject to the proposed Stormwater Fee, has elected to exercise its right to return a ballot in favor of the Stormwater Fee amendment. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: SECTION 1. Tabulation of the Written Protests. The tabulation of written protests by the City Clerk is complete. A total of 57 written protests have been submitted representing 0.2% of the 24,979 identified parcels subject to the Fee Amendment. Therefore, the City Council hereby finds that a majority protest does not exist as defined in Section 6(a)(2) of Article XIIID of the California Constitution and Sections 53755(b) and (d) of the California Government Code with respect to the proposed Stormwater Fee Amendment.