CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
CERTIFYING THE TABULATION RESULTS FOR THE COMMUNITY FLOOD AND STORM PROTECTION FEE, A PROPERTY-RELATED FEE CONFORMING TO ARTICLE XIII D, SECTION 6 OF THE CALIFORNIA CONSTITUTION, AND ORDERING LEVIES OF THE COMMUNITY FLOOD AND STORM PROTECTION FEES FOR FISCAL YEAR 2024-25 WHEREAS, on July 17, 2023, the City Council of the City of San Mateo adopted Resolution 80-2023 initiating proceedings to obtain approval of the proposed new Community Flood and Storm Protection Fee (“Fee”), which is a property related fee conforming to Article XIII D, Section 6 of the California Constitution; approving the Fee Report for the Fee (“Fee Report,” dated July 2023); and setting a public hearing before the City Council on October 16, 2023 in the City Council Chambers at 330 West 20th Avenue, San Mateo CA 94403 at 7:00 pm to consider all property owner protests to the proposed fee; and WHEREAS, on July 17, 2023, the City Council of the City of San Mateo adopted Resolution 81-2023 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 45-day written mailed notice to each record owner of parcels of real property subject to the Fee of a public hearing, which was held at a regular meeting of the City Council on October 16, 2023 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 the Fee Report for Fiscal Year 2024-25; 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 2024-25; (b) the fee chargeable to each owner’s parcel; (c) the reason for the Fee; (d) the basis upon which the amount of the proposed Fee was calculated; (e) the date, time and place of the public hearing as specified in this resolution; and (f) a summary of the effect of a majority protest; and
WHEREAS, on October 16, 2023, the City Council adopted Resolution No. 112-2023 finding that a majority protest did not exist and, ordering a ballot proceeding to obtain property owner approval for the Fee consistent with Resolution 81-2023; and
WHEREAS, on November 1, 2023 a ballot and information guide were mailed to every owner of property that would be subject to the proposed Fee; and
WHEREAS, the balloting period for the proposed Fee closed on December 17, 2023 at 5:00 p.m.; and WHEREAS, the tabulation of the ballots is complete.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. Tabulation of the Votes. For each valid ballot, each property subject to the proposed fee counted as one vote. Property owners with more than one property could have up to 14 properties listed on a ballot, with each property counting as one vote, resulting in more than one vote for that ballot.
Therefore, since some ballots contained more than one vote, the total number of valid votes (10,032) is larger than the total number of valid ballots (9,232). The canvass of the fee ballots submitted by property owners, has been computer-tabulated and the votes cast are as follows:
Total Number of Valid Ballots Processed: 9,232
Total Number of Valid Votes: 10,032
Total Number of Valid “Yes” Ballots Processed: 4,857
Total Number of “Yes” Votes Processed: 5,195
Total Percentage of “Yes” Votes Processed: 51.78%
Total Number of Valid “No” Ballots Processed: 4,375
Total Number of “No” Votes Processed: 4,837
Total Percentage of “No” Votes Processed: 48.22%
Total Number of “Invalid” Ballots Processed: 76
Total Number of “Invalid” Votes Processed: 85
2. Ballot Return Rate. 9,308 fee ballots were returned and received prior to the close of the balloting period on December 17, 2023. This represents a 34.83% ballot return rate on the 26,726 ballots mailed. Of the fee ballots returned, 76 ballots were declared invalid, in that they were either not marked with a “Yes” or “No”, were marked with both a “Yes” and a “No,” were not signed, or the property ownership and barcode information was illegible.
3. Ballots Results. As determined by ballots cast, 51.78% of the votes cast by property owners were in support of the measure. Since a majority of the property owners approved of the Fee, this Council thereby acquired jurisdiction to order the levy of the Fee.
4. Findings. The City Council finds that the Fee is being implemented in compliance with the requirements of Proposition 218, as codified in Article XIII D of the California Constitution. Based on the oral and documentary evidence, including the Fee Report, received by the Council, the Council expressly finds and determines that it is in the best interest of the City and the public to order the fee to be levied.
5. Ordering of the Levies. The Council hereby orders the fees for fiscal year 2024-25 shall be levied at the rates specified in the Fee Report.
6. CPI. The authorized maximum fee amount to be levied in future fiscal years shall be increased annually based on the San Francisco-Oakland-Hayward Consumer Price Index for All Urban Consumers (CPI), not to exceed 3% per year. Any change in the CPI in excess of 3% shall be cumulatively reserved as the “Unused CPI” and be available to increase the maximum authorized rate in years in which the CPI is less than 3%. The fee amount charged in any year cannot exceed the cost to provide the stormwater services and improvements and the City Council may authorize any fee up to the authorized fee in any given year.
7. Corrections. The Fee, as it applies to any parcel, may be corrected, cancelled or a refund granted as appropriate, by order of the City Council or its designee, the City Manager, upon a determination that the fee for that parcel should be revised to be consistent with the fee method established in the Fee Report. Any such corrections, cancellations or refunds shall be limited to the current fiscal year in which the correction, cancellation or refund was requested.