Resolution 15005CITY OF ALAMEDA RESOLUTION NO. 15005
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, the City's primary source of sewer fund revenue is the service
charges which are collected annually; and
WHEREAS, the sewer service charges should be adequate to cash fund sewer
pipeline replacements and other capital improvements, maintain reasonable and
adequate operating and capital reserves, meet or exceed debt coverage requirements
and mitigate impacts on the ratepayers; 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 April 28, 2015, 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.
Exhibit A
Table ES -1
Proposed Sewer Service Charges
City of Alameda
Bartle Wells Associates Sewer Financial Plan and Rate
Study, October
2014
FY2015
FY2016
FY2017
FY2018
FY2019
FY2020
Customer Class
Current
Proposed
Proposed
Proposed
Proposed
Proposed
% Increase
3.0%
3.0%
3.0%
3.0%
3.0%
Single Family ($ /month)
$23.23
$23.93
$24.65
$25.39
$26.15
$26.93
Multi - Family ($ /month)
$20.91
$21.54
$22.19
$22.86
$23.55
$24.26
Commercial
Fixed Charge ($ /month)
$20.91
$21.54
$22.19
$22.86
$23.55
$24.26
(includes first 730 cubic feet)
Flow -Based Rate ($ per HCF)
$2.88
$2.96
$3.05
$3.14
$3.23
$3.33
HCF = Hundred cubic feet
A -1
Exhibit B
GUIDELINES FOR THE SUBMISSION AND TABULATION OF PROTESTS
Submission of Protests
1. Any property owner 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. 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 by more than a single record owner, each
owner may submit a protest, but only one protest will be counted per parcel and any
one protest submitted in accordance with 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
with respect to the property identified on the protest. Protests not bearing the
original signature of a record owner 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 record customer 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 of the
parcel identified on the protest.
c. The protest does not state its opposition to the proposed fees.
AM
d. The protest was not received by the
public hearing on the proposed fees.
e. A valid request to withdraw the protest
public hearing on the proposed fees.
City Clerk before the close of the
is received prior to the close of the
2. The City Clerk's decision that a protest is not valid or does not apply to a specific fee
shall constitute a final action of the City and shall not be subject to any internal
appeal.
3. A majority protest exists if written protests are timely submitted and not withdrawn by
the record owners of a majority of the properties subject to the proposed fee.
4. At the conclusion of the public hearing, the City Clerk shall complete the tabulation
of all protests received, including those received during the public hearing and shall
report the results of the tabulation to the City Council upon completion. If review of
the protests received demonstrates that the number received is manifestly less than
one -half of the parcels served by the City with respect to the fee which is the subject
of the protest, then the City Clerk may advise the City Council of the absence of a
majority protest without determining the validity of all protests.
LOSM
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 17th day of February, 2015, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 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 18th day of February, 2015.
�&�
Lara Weisiger, City Cler
City of Alameda
APPROVED AS TO FORM:
Farimah F. Brown
Senior Assistant City Attorney