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Resolution 12624CITY OF ALAMEDA RESOLUTION NO. 12624 AMENDING CITY OF ALAMEDA RESOLUTION NO. 12243, STORM WATER UTILITY FEES, TO INCREASE ANNUAL DIRECT P,ROGRAM COSTS WHEREAS, on April 16, 1991, the City Council authorized the execution of an agreement between the City of Alameda, the County of Alameda, Alameda County Flood Control and Water Conservation District and thirteen East Bay cities, to implement the Alameda County Urban Runoff Clean Water Program (ACURCWP), and approve Alameda's share of the program; and WHEREAS, on October 16, 1991, the California Regional Water Quality Control Board, San Francisco Bay Region, issued a National Pollutant Discharge Elimination System (NPDES) permit to the ACURCWP participants to implement "A Storm Water Management Plan"; and WHEREAS, the City Council, at the May 5, 1992 City Council meeting, authorized and adopted Ordinance No. 2605, adopting a Storm Water Management and Discharge Control Program; and WHEREAS, the City Council, at the May 5, 1992 City Council meeting adopted Resolution No. 12243, adopting Storm Water Utility Fees; and WHEREAS, the program costs for Alameda's compliance with the NPDES Permit have exceeded those assumed when the original fees were established; and WHEREAS, raising the Storm Water Utility fee by $3.00 per Equivalent Residential Unit (ERU) for each of the next three years and the annually adjusted fee by the Consumer Price Index (CPI) through FY 2000/01 would accumulate the minimum costs allowing the City to perform Capital Improvement Projects related to the Storm Water Drainage System; and WHEREAS, the Alameda Municipal Code and the California Government Code provides that the City Council may set fees for reasonable costs of providing various services by resolution; and WHEREAS, the City Council has determined that the increase to the Storm Water Utility fees established by this Resolution are a reasonable cost for providing the service; and WHEREAS, funding was not provided for this Federally mandated program by Federal, State, Regional, or other sources for the Program and permit cost, and each city in Alameda County is responsible for funding its portion of the program and permit costs; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that City Council, by resolution, increase the Storm Water Utility fee by $3.00 per Equivalent Residential Unit (ERU) (as detailed in Exhibit A attached hereto) each year for the next three years, and then annually adjust the fee by the Consumer Price Index (CPI) until FY 2000/01, allowing the City to perform Capital Improvement Projects related to the Storm Drainage System. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to enter into all necessary agreements for the issuing of Certificates of Participation, an amount not to exceed $1,000,000 to cover the 1995/96 deficit (as detailed in Exhibit A, Attachment A-1, attached hereto), in the City Storm Water Management and Discharge Control Program. EXHIBIT A Storm Water Management and Discharge Control Program service charges shall be computed in accordance with the following formula, schedule and rates: A. An Equivalent Residential Unit (ERU) is the basic unit for computation of storm drainage fees for residential and nonresidential customers. All single - family residential and small - multiple residential (4 units maximum) are considered to have an ERU of one (1) which represents a standard 5,000 square foot parcel with 40 percent of its area having impervious surfaces such as roofs, sidewalk and driveway. The average impervious area for an ERU, is 2,000 square feet (5,000 square feet x 0.40). B. All condominium units are considered to have an ERU of 0.30. C. All other properties will have ERU's computed to the nearest one hundredth (1 /100) ERU using the following formula: 1. No. of ERU = Impervious Area (Square Feet) 2,000 Square Feet 2. Land Use Impervious Area % (% of Gross Area) Commercial /Industrial 80% Institutions /Apartments 60% Vacant Land 20% 3. Minimum Gross Area = 5,000 square feet. Expressing Total Number of "Equivalent Residential Units" for All Land Uses. The information about parcel size shown in the table below was collected from the County Assessor. A B C D E F Use No /Parcels Total Area (Sq.Ft.) % Impery Total Impery Area (Sq.Ft.) (CxD /100) No. of ERU's E /2,000 Single Family/ Small Multiples 15,820 N/A N/A N/A 15,820 Condominiums 1,970 N/A N/A N/A 591 Commercial/ Industrial N/A 24,959,880 80 19,967,904 9,984 Institutions/ Apartments N/A 12,153,240 60 7,291,944 3,646 Open Space N/A 22,128,480 20 4,425,696 2,213 TOTAL 32,254 III. Estimate of Annual Direct Program Costs per ERU The costs of the Storm Water Management Program will be spread equally among the City's total number of ERU's (program costs divided by 32,254). The attached table illustrates the cost of each component of the program per year to the FY year 2006/07 (Attachment A -1). Note that there is a carry -over balance from the first two years of the fee (FY 92 -93 and 93 -94). IV. Calculating Fees for Individual Parcels (Other than Single - Family Residential, Small Multiple Residential and Condominiums). To determine the fee it is necessary to multiply the parcel's area by its percent imperviousness divided by one hundred, divided by 2,000 sq. feet and multiplying by cost per ERU. Area x % imperviousness x 1 x cost per ERU = Fee 100 2,000 sq. ft. Example: The owner of an industrial 40,000 sq. ft. parcel would pay the following: 40,000 sq. ft. x 80 x 1 x $23.00 = $368.00 per year (For FY 95 -96) 100 2,000 sq. ft. co co 10 Ida 0-6 CD co CO 03 0 o 10 r-- 0 CO -47 •cr o cr, (- 74 01 01 6'1 4i4 tfl 69- 4:9- er) 0) 0) o CO V. 0 CO CO (0 (0 0 - - N: a) o N 01 (0 10 CY) 4 6% 63;t1-3" 0 cri 69 0 0) (.; • o O N 01 To- 05- 69 1— N 65- 0 03 CO CO o LO (0 c■c° tri CO LO 69 CO 03 N. 0) 0 •417 a o 0 a, 0) 0 co 0) 01 0 r- •ct LO N '9•7 0)- CO 0 CO CO 4:9 69- (0 CO LO N 0 0) CO cv -69 CO f 0) 0) vr co Pr, (0 1.0 0 CO 0 0 CO 0 (0 N 0 CO (ID • c° hc!) -to to as "- as 0) c 'E cr a) O 0 LOLL 0 Lii z z 0 0 0 0 u_ 0 cri 0) a in o o o 0)0 C■1 2 2 (f)- (0 co cri OD 0 CO CO CO 0 CO C's3 tO 0 - LO • o o -- 2 2 (0 0 (0. 8 6c3- co 0) CO 8 6▪ 9- 0 CO 0 0 CO 0 0) V' 0 (0 00 N. 0 0 4 2 2 u) (0 (0 N. - - C■1 C‘I 6,9 -69 • CO 03 0 (13 N N. 0 '7 0 (0 co co go to cri bo- (0 0) 0 0) 63 7 os co 69 61 0) 0 +ft co co r- .69 0 cv 03 0) 0 ✓ - 63 cc >- Lc. 1- z a. CO .5) co CD LL so2 • o D o > -0 o 411 00 0• — vg V '0 a_ o 0 o c a. x CO 6 c • >, a) — Ts • ts 0 a) .c t• y, a) (/) D 2 E o cc zw(ndi 0 42 Q_Nc: ) 12 0 0 V) 0 as •=ji :13 On. t 920 12- I 0 c c a) 0 ›.• (6 (0 0 (8 .0 0 ..G 0 I 0 V) 0 0 0) F., Crr sa c "5 as co rh 5 gre-cv ceso --- o_ ca E lx) 0 CD ID a) >9 .0 F-- CO 0 CC U. EXHIBIT A ATTACHMENT A-1 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 regular meeting assembled on the 7th day of March , 1995, by the following vote to wit: AYES: NOES: ABSENT: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato 5• None. None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of March , 1995. 11 Diane n .. Felsch, City Clerk City of Alameda