Resolution 13370CITY OF ALAMEDA RESOLUTION NO. 13370
AMENDING CITY OF ALAMEDA RESOLUTION NO. 12243 AND 12624,
STORM WATER UTILITY FEES,
TO INCORPORATE INCREASED ANNUAL COSTS, AND TO ADD EXEMPTION
FOR VACANT UNIMPROVED PARCELS, AND APPEAL PROCESS FOR
IMPERVIOUS AREA CALCULATIONS
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 Countywide
Clean Water Program (ACCWP), 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 ACCWP 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, the current (2001 -2002) annual surplus shortfall is estimated at
$1,625,691, and the cumulative ending balance deficit of the program estimated at $2,470,907; and
WHEREAS, additional program costs are anticipated with the upcoming increase of
requirements within the 2002 -2008 Alameda Countywide Clean Water Program Storm Water
Management Plan; and
WHEREAS, raising the Storm Water Utility fee by 25% to $40.80 in fiscal year
2001 -2002, plus an additional 10% to $46.92 in fiscal year 2002 -2003, plus an additional 9% to
$53.49 in fiscal year 2003 -2004, and including the annual inflation adjustment would provide relief
from the current program deficit, fund the current program, and provide funding for anticipated
program requirements; and
WHEREAS, following fiscal year 2003 -2004 the fee will increase annually based
solely on the annual inflation adjustment per year, unless adjusted otherwise by amendment to this
Resolution; and
WHEREAS, the Alameda Municipal Code and the California Government Code
provides that the City Council may set fees for 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 25% to $40.80 per Equivalent
Residential Unit (ERU) to cover program deficit, deferred maintenance, and new mandatory program
elements in fiscal year 2001 -2002.
BE IT FURTHER RESOLVED that the Storm Water Utility Fee will be increased
by an additional 10% in fiscal year 2002 -2003 to $46.92 per Equivalent Residential Unit (ERU).
BE IT FURTHER RESOLVED that the Storm Water Utility Fee will be increased
by an additional 9% in fiscal year 2003 -2004 to $53.49 per Equivalent Residential Unit (ERU), in
addition to the annual inflation adjustment per year allowing the City to fund the costs associated
with program administration and Capital Improvement Projects related to the Storm Water Drainage
System.
BE IT FURTHER RESOLVED that following fiscal year 2003 -2004 the fee will
increase based solely on the annual inflation adjustment per year.
BE IT FURTHER RESOLVED that unimproved vacant property be classified as
exempt from the Storm Water Utility Fee.
BE IT FURTHER RESOLVED that the Stoini Water Utility Fee be adjusted to assess
currently exempt properties, which include government agencies, including AUSD. However,
because AUSD through its educational programs, provides a benefit to the City by attracting
business, maintaining home property values and enhancing the quality of life of residents, that
could be compromised should their current financial stability be further impacted, the City's General
Fund monies (estimated at $65,000 per year) will be used to pay AUSD's portion of the storm water
utility fee.
BE IT FURTHER RESOLVED that rate adjustments for property owners with less
than the estimated impervious surface areas will be provided pending an inspection of the applicant's
property and its special design features, as well as any supporting technical documentation.
Applications shall be submitted to the Public Works Director, or his designee. The Public Works
Department shall be responsible for conducting property inspections and application approval or
denial. A $100 fee will be required to be paid to the City by all applicants, which will be refunded
if application is approved. Applications shall be made available by the Public Works Department
between the months of April to June, which are the months prior to the yearly assessment, allowing
time for any necessary recalculations prior to assessment. Property owners granted a fee reduction
will be required to maintain the property's existing condition. Applicants who receive denial of a rate
adjustment will have the ability to be informed of the reasoning behind the denial, and will be
granted an ability to have recourse concerning the denial with a representative of the Public Works
Department.
C: \W PDOCS\DATA\RESO\20011STORM. RES
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 (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 Unimproved Land 0%
3. Minimum Gross Area = 5,000 square feet.
II. 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.)
%
Imperv.
Total Impery
Area (Sq.Ft.)
(CxD /100)
No. of
ERU's
E /2,000
Single/Family
Small Multiples
16,514
N/A
N/A
N/A
16,514
Condominiums
1,970
N/A
N/A
N/A
591
Commercial/
Industrial
N/A
116,024,402
80
92,819,521.6
46,409.8
Institutions/
Apartments
N/A
19,194,452
60
11,516,671.2
5,758
Open Space
N/A
22,128,480
20
4,425,696
2,213
TOTAL
32,254
C:\ W PDOCS \DATA\RESO\2001 \STORM. RES
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
3rd day of July, 2001, 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
5th day of July, 2001.
Diane Felsch, City Clerk
City of Alameda