APPROVED AS TO FORM AND LEGALITY

INTRODUCED BY COUNCILMEMBER

QTY ATTORNEY

f~

ORDINANCE No

C. S. M.
Coq ,'~'` ~ ~.
l
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n U`

AN ORDINANCE AMENDING

AND PROVIDING FOR ANNUAL INCREASES OF ELEVEN PERCENT

Section

CHAPTER 13 OF THE OAKLAND MUNICIPAL CODE INCREASING THE SEWER SERVICE CHARGE 13. 020) 04.

A
c6'

THROUGH JANUARY 1,2009 AND INCREASES BASED ON THE CONSUMER PRICE INDEX THEREAFTER

WHEREAS, the City was ordered by the United States Environmental Protection Board to eliminate wet Agency and the Bay Area Regional Water Quality Control
weather overflows from

public sanitary

sewers; and

WHEREAS, the City has prepared

Compliance

Plan

consisting

of

an

correction program to eliminate those overflows; and infiltration inflow ( I/ I)

to

WHEREAS, such Compliance Plan involves operate and maintain the system; and

large expenditure

of public funds

WHEREAS, the Council of the City

of Oakland

on

June 23, 1987, previously

approved

C. M.a Negative Declaration for the in Ordinance No. 10876 S.

sanitary

sewer

infiltration inflow ( Un correction program; and

WHEREAS, the City Council of the City of Oakland finds it necessary and

prudent

to increase the

sewer

service

under the

Compliance

Plan and to

charge rates to adequately fund the costs required provide for annual increases thereto for the operation

and maintenance of the system; and

WHEREAS, the City Council of the City of Oakland finds and determines that the requirements of the California Environmental Quality Act (CEQA) of 1970, the Guidelines as prescribed by the Secretary for Resources, and the provisions of the

Objectives, Criteria and Procedures for Implementation of the California Environmental Quality Act: City of Oakland, have been satisfied, and this action on the to California part of the City Council does not constitute a project under CEQA pursuant or in the alternative, that this Ordinance is a Public Resources Code Section 21080 ( b)( 8); project subject to CEQA that the Council has determined with certainty that no possibility exists that this Ordinance may produce significant environmental effects; and
Statement of

D of the California Constitution requires that a WHEREAS, Article XIIIthe funds required to provide the property related exceed shall not propertyrelated fee (1) revenues derived from the fee or charge shall not be used for any purpose service; 2 ( )
other than that for which the fee
or

charge

was

that imposed, and (3)

the amount of the

2-

fee

charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel; and
or

WHEREAS, the proposed amended

sewer

service

charge
sewer

is based

on

the cost of

providing

for the maintenance and

operation of the sanitary

system; and

WHEREAS, at the general election of November 5, 1996, the voters of the State which requires that D, of California amended the state constitution, adding Article XIIIall new property related fees for water, sewer or refiase service are subject to a majority protest proceeding; and
D provides that fees may be increased within limits WHEREAS, Article XIII-

previously approved, since

herein; and

increases in the costs of providing these services are likely, a rate increase structure is included herein, and a maximum rate of increase is provided

D of the California WHEREAS, in order to comply with Article XIIIConstitution, the City provided written notice to the record owner of each parcel subject the amount of the fee or charge proposed to be imposed upon to the proposed fee (a) each, b) ( the basis upon which the amount of the proposed fee or charge was calculated, the date, time and location of a public hearing the reason for the fee or charge, and ( d) c)
on

the

proposed

fee

or

charge; and

WHEREAS, following a public hearing and if there is no majority protest, the City Council may, by ordinance, adopt the proposed amendments to Chapter 13 of the Oakland Municipal Code;
Now,therefore, the City Council of the City of Oakland does ordain and find
SECTION I of Chapter 13 of the Oakland Municipal Code is amended to add 13. 04. Section 020 with the added 13. 04. subsections I and J thereto, so that the entirety of Section 020, subsections I and J,shall now read:
as

follows:

service charge. Every party in whose name sewage District}is granted shall pay a Bay Municipal Utility District ( disposal sewer service charge according to the rates as follows, beginning with the first billing
13. 020 04.Imposition of
sewer

service of the East

period following January 1,2004:

A. A

of thirteen dollars and twenty cents ($ 13. 20)is established and assessed for the use of sewer facilities for every singlefamily residence as

monthly charge

defined B. For

by the District's Business Classification

Code 8800, Private Residence.

multiplefamily dwellings, as defined by the District's Business Classification Code 6513, Multiple Dwelling, the following monthly charges are established and
assessed for the
use

of sewer facilities:

3-

a.

b.
c.

per month; 14. 81) one cents ($ Duplexes: fourteen dollars and eightycents ($ per month; 22. 22) two two dollars and twentyTriplexes: twentyper month. 29. 63) three cents ($ nine dollars and sixtyFourplexes: twenty-

C. For residential

premises

not included in subsection A

on

or

B of this

section,

charge based
the
use

upon the cubic feet of water used of sewer facilities, which charge shall be

premises will be made for computed and levied as follows:

the

a.

100)cubic feet per month. 0. 90)per one hundred ( Ninety cents ($

shall the total

In

no case

monthly charge be

less than thirteen dollars and twenty

cents ($ 13. 20).

D. For

and "public authority" " industrial," in the district's commercial," " business certifications, a charge based on cubic feet of water used upon the shall be premises will be made for the use of sewer facilities, which charge

premises

computed
a.

and levied

as

specified below:
one

Industrial accounts: eighty0. 82)per two cents ($

hundred ( l00)cubic

feet per month; b. Commercial accounts: ninety cents ($ 0. 90)per

one

hundred cubic feet per hundred cubic feet

month;
c.

Restaurantslhotels:
per month;

ninetyfour

cents ($ 0. 94)per

one

d.
e.

Hospitals: one

dollar ($ 1. 00)per
one

Laundromats/car washes:

hundred ( 100)cubic feet per month; dollar and five cents ($ 1. 05) per one
one

hundred ( 100)cubic feet per month.

In
no case

shall the total

monthly charge be less than

thirteen dollars and twenty

cents ($ 13. 20).

E. For

premises with a sewage meter for measuring actual sewage flow from such premises, a charge based on cubic feet of measured sewage flow from the premises, and applicable to all buildings for water consumption cycles commencing on and after January 1, 2004, will be made for the use of sewer facilities,which charge shall be computed and levied as follows:
a.

One dollar and ten cents ($ 1. 10) per

one

hundred cubic feet of sewage

flow per month.

In
no case

shall the total

monthly charge

be less than thirteen dollars and twenty

cents ($ 13. 20).

F. The

charges established and assessed in subsections C and D of this section shall be applicable to premises where no meter is installed or available in said premises for measuring the volume of sewage from such premises into
sewer

service

4-

sewers. The sewer

service

charge

for these

premises

shall be based upon the total

amount of water used from all sources, as ascertained

by

the district, for sewage

disposal
G. The

service

charges imposed by such district within the City.

charge established and assessed in subsection E of this section shall be applicable to premises where a portion of the water received from any or removal by other source does not flow into sewers because of manufacturing in said means and a meter is installed or available premises for measuring the volume of sewage from such premises into sewers. The sewer service charge for these premises shall be based upon the volume of sewage discharging from such service premises into the sewers, as ascertained by the district for sewage disposal charges imposed by the district within the City.
sewer

service

H. The

charges established and assessed in subsections A through E of this section shall become due and payable on receipt of bill therefore. Such charges shall be ( paid directly to the City or to the district, as directed upon the bill. Ordinance 11801 1 Attachment A, 1995: prior code 02) 67.

I.

Beginning

with annual

billing period

that

begins

on or

sewer service charge rates established above shall be increased annually through the annual billing period that begins on 11%)

after January 1, 2005, the by eleven percent

or

after January 1,

2009.
For the annual

after January 1, 2010, the sewer service charge rates shall be increased at an annual rate equal to but not to exceed the prior years percentage change in the Consumer Price Index for the San Francisco Bay Area, compiled by the United States Department of Labor, Bureau

billing period

that

begins

on or

of Labor Statistics, or successor thereto, between such Index as of June in the year prior to the year in which rates are being increased and June twelve (12)months earlier, as provided for the use of sewer facilities owned and operated by the City.

SECTION II

City Council makes the following findings and determinations in support of adopting D of the California Constitution: this Ordinance, in compliance with Article XIIIThe

a)

Revenues derived from the

b)
c)

service charge do not exceed the funds required to provide the property related service, and Revenues derived from the sewer service charge will not be used for
sewer

any purpose other than that for which the charge was imposed, and The amount of the sewer service charge imposed upon any parcel or

person

as an

d)

proportional The proposed sewer service charge increase is based on the providing the service of the sanitary sewer system, and

incident of property ownership does not exceed the cost of the service attributable to the parcel, and
cost of

5-

e)

The

f)

City of Oakland submitted written notice to the record owner each parcel subject to the proposed sewer service charge increase, in compliance with the majority protest proceeding requirements, the amount of the sewer service charge proposed to be 1) notifying ( ( the basis upon which the amount of the imposed upon each, 2} ( the reason for the proposed sewer service charge was calculated, 3) the date, time and location of a sewer service charge increase, and ( 4) public hearing on the proposed sewer service charge increase, and The City Council held a public hearing on September 16, 2003 to hear public comments and protests, and finds that there was no majority
protest, and
All other

of

g)

requirements

for the

imposition of the

increased fee have

been met.

SECTION III

This Ordinance shall take effect

COI~~ VG

AyEs:

Bey P~ ss~~

~ KL-~~ I D, ~~ l ~~ r~ ~

January 1,2004. Ni J~ J To~

SEP ~ a 2003

r-~~ r~ i~ a~ K~ ~ i,~ ~~..

D A~ 1~-~, ~ NA~ cc,, ~ e.~~~~ v~ N,RE~~, r-~

voEs: ~ p~~~ tT:

8~ ru rA~ ~~

City

Clerk and Clerk of the Council

cauA

rwru

ATTACHMENT A
SEWER SERVICE CHARGE VOLUME RATES BASED ON WATER CONSUMPTION EFFECTIVE JANUARY 01, 2004

Metered
Rate Per BCC ~'~

Metered
Rate Per

Descri tion

ccf

cz~

BCC ~'~

Descri tion

ccf

c2~

0100
0700

A riculture Veterinarian Services

Minin
and Quar in

0. 82
0. 90

3900
4000

Miscellaneous Mf

0. 82 0. 82

Railroad Trans ortation Local/ Suburb Trans ortation

Warehousin
Water Trans ortation Air Trans ortation

1200
1500
2010 2011

0. 82
0. 82

4100
4200

0. 82
0. 82

Construction

Products/ Process/ in Meat Packa

Slau hterhouse Dai Product Processin

0. 82
0. 82
0. 82

4400 4500
4700
4800

0. 82
0. 82

2020
2030
2040

Trans ortation Services

Elect Communications

0. 82
0. 82 0. 82
0. 82

Fruit & Ve etable Cannin Grain Mills

0. 82
0. 82

4900
4950

Steam, Nat Gas Elec.,

Sanita Collection & Dis osal
Wholesale Trade

2050
2051

Bakeries includin
BakeriesBread Onl
Su
ar

astries

0. 82
0. 82 0. 82

5000
5300
5400

0. 90 0. 90

2060
2070 2077
2080

Processin

Retail Trade
Food Sales

Fats and Oils

0. 82 0. 82
0. 82

0. 90 0. 90
0. 94

Renderin
Bevera
a

Tallow
Mf Food Mf

5540
5811

Gas/ Oil Dealers

RestaurantFast Food
Restaurant

2090
2091

S ecial

0. 82
0. 82

5812 5813
6500

0. 94
0. 94

Seafood Processin
Textile Goods Mf

Drinkin

Bar/ Club

2300
2400 2500

0. 82
0. 82

Cemeteries
A t Bld -

0. 90
or

Lumber & Wood Mf

Furniture

6513
6800

More

0. 90

0. 82
er

Offices

0. 90
0. 94 0. 94 0. 94 0. 90

2600
2700

Pul &
Printin

Pa

Prod Mf

0. 82
0. 82 0. 82 0. 82
0. 82

7000
7001

Hotels with Food Hotels without Food

Boardin Houses

Publishin

2810
2820 2830
2840

Inor anic Chemical Mf S nthetic Material Mf Dru

s

7020 7200
7210

Personal Services
Commercial Laundries
Coin Laundromats

Mf

1. 05
1. 05

Clean & Sanita

Prod Mf

0. 82

7215

2850

Paint Mf
Or anic Chemicals Mf
A riculture & Chemical Mf

0. 82
0. 82

7216
7218

Clean & D

Fabrics

1. 05
1. 05

2860
2870 2891

Industrial Laundries

0. 82
0. 82 0. 82

7260 7300
7342 7500 7539 7542 7600
7699

Cremato , Funeral Home

Laboratories Fumi atin Automobile Re air Services Batte

0. 90
0. 90 0. 90
0. 90

Adhesive & Gelatin Mf

Ink & Pi ment Mf

2893
2900
3000

Petroleum Prod Mf
Rubber Products Leather Tannin Earthenware Mf Prima Metals Mf

0. 82 0. 82 0. 82
0. 82
0. 82

Services

0. 90 1. 05
0. 90 0. 90

3110 3200 3300

Auto Laundries Misc. Re air Services

Se tic Tank Cleanin

3400
3410

Metal Prod Fabrication

Drums & Barrels Mf

0. 82
0. 82

7900 7940 7950 7990 8000

8060

Amusement Services
E uestrian Activities

0. 90
0. 90

3470

Metal Finishin

0. 82 0. 82 Re air 0. 82
0. 82

Irri ation Use Onl

Parks and Gardens

EXEMPT 0. 90
0. 90

3500
3590

Machine

Mf

Machine Sho

Health Services
Hos itals

3600
3700

Electric Machine Mf
Trans E ui
Shi buildin

1. 00
0. 90 0. 90

Mf

0. 82
0. 82

8200
8600

Schools
NonProfit Services

3730

3800

Precision E ui

Mf

0. 82

1)
2)

EBMUD's Business Classification Cost Number

Hundred cubic feet

NOTICE AND DIGEST

Section

AN ORDINANCE AMENDING CHAPTER 13 OF THE OAKLAND MUNICIPAL CODE INCREASING THE SEWER SERVICE CHARGE 13. 020) 04.

AND PROVIDING FOR ANNUAL INCREASES OF ELEVEN PERCENT THROUGH JANUARY 1,2009 AND INCREASES BASED ON THE CONSUMER PRICE INDEX

THEREAFTER

year

Section This Ordinance will amend chapter 13 of the Oakland Municipal Code ( of eleven increases annual service percent for each to increase the sewer charge by 13. 020) 04. 3anuary 1,2009. Beginning with the annual billing period that begins on or after
through

not January 1,2010 the ordinance would increase the sewer service charge at a rate equal to but Francisco to exceed the prior years percentage change in the Consumer Price Index for the San of June Bay Area, as compiled by the United Sates Deparhnent of Labor, between such index as

in the

prior year

lier. and the June twelve months ae[