Resolution 15640CITY OF ALAMEDA RESOLUTION NO. 15640
DECLARING THE CITY'S INTENTION TO REVISE THE SEWER
SERVICE CHARGE AND ESTABLISH PROCEDURES FOR
ACCEPTING PROTESTS PURSUANT TO ARTICLE XIIID, SECTION
6(a) OF THE CALIFORNIA CONSTITUTION REGARDING
PROPERTY-RELATED FEES AND CHARGES
WHEREAS, the United States Environmental Protection Agency (EPA) has
mandated, pursuant to Final Consent Decree for Case Nos. C09-00186 and 09-05684,
that the City undertake an extensive capital improvement program to repair its sewer
facilities, including upgrading all of its existing pump and lift-stations, and to improve
operations and maintenance protocol; and
WHEREAS, the City desires to protect public and environmental health and safety
by minimizing sewer asset failures; and
WHEREAS, Section18-4.3 of the Alameda Municipal Code (AMC) and Section
54 71 of the California Health and Safety Code permit the City Council of the City of
Alameda to set the City's sewer service charges; and
WHEREAS, the City's primary source of sewer fund revenue is the service charges
which are collected annually; and
WHEREAS, the City Council desires to adjust the sewer service charge to fund
necessary sewer expenses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALAMEDA THAT:·
Section 1 . The foregoing recitals are all true and correct.
Section 2. The City Council proposes a revision to the sewer service charge at the annual
rate (or, according to the schedule) set forth in Exhibit A to this Resolution, which is
incorporated herein by reference. It is proposed that the sewer service charge continue
to be collected annually in July on the property tax rolls.
Section 3. On June 2, 2020, at 7:00 PM or as soon thereafter as may be practicable in
the City Council Chambers located at 2263 Santa Clara Avenue, Alameda, California, the
City Council will hold a public hearing pursuant to Article XIIID of the California
Constitution and the rules adopt pursuant to Resolution with respect to the proposed
revised charge. At this hearing, all interested persons will be permitted to present oral
and written testimony with respect to the proposed revised charge.
Section 4. The City Council further directs staff to give notice of the hearing in the manner
required by law.
Section 5. ·The City will accept and tabulate protests against the proposed charge
pursuant to the procedures set forth in Exhibit B to this Resolution, which is incorporated
herein by reference.
Proposed Sewer Rates
Current sewer rates are adequate to meet operating costs, maintain financial health, and make the
Consent Decree required sewer pipeline replacements from FY2021 through FY2025. Sewer rate
revenue is only used for the intended purpose of operating and maintaining the sewer system. The
proposed sewer rates are shown in Table 10.
Table 10
Proposed Sewer Service Charges
City of Alameda
Sewer Rnancial Plan and Rate Study
FY2020 FY2021 FY2022 FY2023 FY2024 FY2025
Customer Class Current Proposed Proposed Proposed Proposed Proposed
%Increase 3.0% 3.0% 3.0% 3.0% 3.0%
Single Family ($/month) $26.93 $27.74 $28.57 $29.43 $30.31 $31.22
Multi-Family ($/month) $24.26 $24.99 $25.74 $26.51 $27.31 $28.13
Commercial
Fixed Charge ($/month) $24.26 $24.99 $25.74 $26.51 $27.31 $28.13
(includes first 730 cubic feet)
Flow-Based Rate ($ per HCF) $3.33 $3.43 $3.53 $3.64 $3.75 $3.86
HCF = Hundred cubic feet
Page:lS
GUIDELINES FOR THE SUBMISSION AND TABULATION OF PROTESTS
Submission of Protests
1. Any property owner or tenant may submit a written protest to the City Clerk, either
by delivery to the office of the City Clerk or by submitting the protest at the public
hearing. ProtestS must be received by the end of the public hearing. No postmarks
will be accepted.
2. Each protest must identify the affected property (by assessor's parcel number or
street address) and include the signature of the record property owner or tenant.
Email protests cannot be accepted. Although oral comments at the public hearing
will not qualify as a formal protest unless accompanied by a written protest, the City
Council welcomes input from the community during the public hearing on the
proposed fees.
3. If a parcel served by the City is owned or occupied by more than a single record
owner or tenant, each owner or tenant may submit a protest, but only one protest
will be counted per parcel and any one protest submitted i·n accordance wi-th these
rules will be sufficient to count as a protest for that property.
4. In order to be valid a protest must bear the original signature of the record owner or
tenant with respect to the property identified on the protest. Protests not bearing the
original signature of a record owner or tenant shall not be counted.
5. Any person who submits a protest may withdraw it by submitting to the City Clerk a
written request that the protest be withdrawn. The withdrawal of a protest shall
contain sufficient information to identify the affected parcel and the name of the
record owner or tenant who submitted both the protest and the request that it be
withdrawn.
6. A fee protest proceeding is not an election.
7. To ensure transparency and accountability in the fee protest tabulation, protests
shall constitute disclosable public records from and after the time they are received.
Tabulation of Protests.
1. The City Clerk shall determine the validity of all protests. The City Clerk shall not
accept as valid any protest if the City Clerk determines that any of the following
conditions exist:
a. The protest does not identify a property served by the City.
b. The protest does not bear an original signature of a record owner or
tenant of the parcel identified on the protest.
c. The protest does not state its opposition to the proposed fees.
d. The protest was not received by the City Clerk before the close of the
public hearing on the proposed fees.
e~ A vafid req 1uast to willdratl the protest is received prior to tte dose of Ute
pubflc hemii"Q on the proposed fees.
2 The C'ily Cle~tts dedskln1hat a. protest is rot valid or does f10t ap,p,r.y to a specific fee
Shall consnue a lml action of the City am shaD not be subject to any lntemal
appeat
3. A majority protest eXists If written protests are tfmety subn'ritted ard mt Wflldrawn by
the record owrers or tenants of a majority of the properties St.lbjed to the proposed
fee.
4. At the conclusion of 11e pUblic heating ~ the c ,tty Clm sha · comptete the tabldaoon
of al protests received 'f indtdng 100-se receive,d dt.llng the pubic, nearing ana shall
report tte resUlts ofthe tabulation to l1e City Council upon comp elort ·. reView of
1te protests rece,tved demonstrates Blat ile number recetved is manifestty less tten
one-half of lie parcels served by the City w1th respect to the fee vdli:ch Is lle swject
of the protest. llen fhe Cferk may adYise ·tne· City CO\I'tCil of lle absente of a
majority' protest WlttDUt determining lle validity ,of aB protests.
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 ?1h day of April, 2020, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Councilmembers Daysog, Knox White, Oddie, Vella and Mayor
Ezzy Ashcraft -5.
None.
None.
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City
this ath day of April, 2020.
Lara Weisiger, ty Clerk
City of Alameda