Resolution 13482CITY OF ALAMEDA RESOLUTION NO. 1 3482
IMPLEMENTING PROVISIONS OF ARTICLE 7 OF THAT CERTAIN AGREEMENT
BETWEEN THE CITY OF ALAMEDA AND ALAMEDA COUNTY INDUSTRIES AR, INC.
FOR SOLID WASTE, RECYCLABLE MATERIALS AND ORGANIC MATERIALS
SERVICES ENTERED INTO AS OF JULY 3, 2002 AND REBATING A PORTION OF THE
INFRASTRUCTURE IMPACTS MITIGATION FEE FOR THE 2002 -03 FISCAL YEAR
WHEREAS, the City approved that certain Agreement Between the City of Alameda and
Alameda County Industries AR, Inc. for Solid Waste, Recyclable Materials and Organic
Materials. Services Entered into as of July 3, 2002 (hereinafter, "the Agreement "); and
WHEREAS, Article 7 of the Agreement authorizes the City to impose fees on Alameda
County Industries AR, Inc. (hereinafter, "Contractor ") to mitigate the impacts on the City's
streets and other infrastructure of Contractor's activities in the City, to cover the City's costs of
complying with A.B. 939, and for other purposes; and
WHEREAS, the City Council has determined that it is appropriate to implement Article 7
of the Agreement, but to forgive a portion of the Infrastructure Impacts Mitigation Fee authorized
thereby for the 2002 -03 fiscal year.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Alameda as
follows:
1. There are hereby imposed on Contractor the following fees pursuant to Article 7 of the
Agreement:
(a) An Infrastructure Impacts Mitigation Fee of $1,127,000 per year, which shall
escalate annually on July 1st of each year during the term of the Agreement in proportion
to the increase in the Consumer Price Index for All Urban Consumers for the San
Francisco Bay Area, or any successor to that index, between March of the previous year
and March of the year in which the increase is calculated.
(b) A Doolittle Landfill Maintenance Fee of $175,000 per year, which shall escalate
annually as does the Infrastructure Impacts Mitigation Fee.
(c) A City Parks Fee of $53,000 per year, which shall escalate annually as does the
Infrastructure Impacts Mitigation Fee.
(d) An AB 939 Fee of $350,000 per year, which shall escalate annually as does the
Infrastructure Impacts Mitigation Fee.
2. Notwithstanding paragraph 1(a) above and Article 7 of the Agreement, Contractor need
not pay, and City staff shall take no effort to collect, the portion of the Infrastructure
Impacts Mitigation Fee attributable to the Collection of Solid Waste, Source Separated
Recyclable Materials, and Source Separated Organic Materials from Single Family
Premises (as those terms are defined in the Agreement) during the 2002 -2003 fiscal year
as determined pursuant to the foimula attached hereto as Exhibit A. The parties agree
that the rebate for the 2002 -03 fiscal year will equal $586,260.
3. Paragraph 2. of this Resolution shall be of no further force and effect as of July 1, 2003
unless this City Council adopts a further resolution prior to that time reinstating or
extending the fee reduction effected thereby.
4. Any Resolution of the City Council of the City of Alameda which sets a fee for any of the
purposes identified in paragraph 1. of this Resolution is hereby repealed to the extent
necessary to avoid any inconsistency between this Resolution and any such earlier
Resolution.
Public Impact Fee - Rebate Calculation
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REBATE - SFU
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 a regular meeting assembled on the 2nd
day of July, 2002, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
3rd day of July, 2002.
Lug
Lara Weisiger, City C
City of Alameda