pages: CityCouncil/2019-03-05.pdf, 15
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CityCouncil | 2019-03-05 | 15 | request. Councilmember Daysog inquired if the use of a Consumer Price Index (CPI) factor to increase the nominal rate would trigger the need for a new Nexus study. Vice Mayor Knox White responded since the City is not collecting 100% of the fees, the increase would remain within the costs that have been identified. The Acting City Attorney stated the Nexus study's legal validity assumptions are based upon what is before the Council; a new study will not be triggered so long as the costs of service are not met; Council could direct staff to come back and include a provision in the fee schedule that would require the fees to increase based on the COLA in the MOUs. The Fire Chief stated the Master Fee Schedule currently allows Council to increase fees annually by the CPI; nominal increases have been included. Councilmember Daysog expressed concern about internal analysis making the City vulnerable to litigation. Vice Mayor Knox White stated staff may be directed to increase the costs by 3% each year, which is well within the Nexus study. The Acting City Attorney stated opining about potential litigation is difficult; each time a Nexus study is adopted, there is exposure to litigation; the Vice Mayor's proposal would not trigger a new Nexus study. Nicole Kissam, NBS stated the CPI increase in between study years is a common industry standard. Councilmember Daysog inquired if the proposal raised by Vice Mayor Knox White happens across cities. Ms. Kissam responded COLA is different from CPI, CPI is related to labor cost increase and it is a common methodology. Councilmember Oddie inquired whether Vice Mayor Knox White proposes to increase based on COLA, CPI or the MOU. Vice Mayor Knox White responded the COLA provided in the MOU would be used. Councilmember Oddie inquired if the resolution could be amended if legal staff finds it is not allowable, to which the Acting City Attorney responded in the affirmative. *** Mayor Ezzy Ashcraft called a recess at 10:19 p.m. and reconvened the meeting at Regular Meeting Alameda City Council 14 March 5, 2019 | CityCouncil/2019-03-05.pdf |