pages: CityCouncil/2019-10-01.pdf, 7
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CityCouncil | 2019-10-01 | 7 | Councilmember Oddie inquired whether the City will pass on the fees to tenants. The Public Works Director responded in the affirmative; stated a fee applied to an average sized apartment building would be one tenth of one percent of an increase, which is within the annual general adjustment. Mayor Ezzy Ashcraft stated a reoccurring question has been why only property owners and not renters are charged the fee. The Public Works Director stated property related fees, under Proposition 218, only require property owners to be balloted to decide whether the fee may be applied. Mayor Ezzy Ashcraft stated the requirement is due to law; inquired whether the City is able to divert funds for other uses. The Public Works Director responded in the negative; stated revenue and expenses related to the fee must remain within the Clean Water and Flood Protection fund and cannot be moved or appropriated by staff, Council, State, County or federal government for other uses. Mayor Ezzy Ashcraft requested clarification over the lack of a sunset clause. The Public Works Director stated the needs of the stormwater system will not diminish over time; with the impacts of sea level rise and climate change the needs of the stormwater system will grow and caused the lack of a sunset provision; a protection is included for property owners and Council is bound to set the fee at a rate which will only recover revenue for the stormwater system needs; outlined a scenario without climate change or sea level rise impacts and the resulting fees lowering. Councilmember Vella requested clarification related to protest correspondence which referenced a requirement that the program fee expenses be fairly distributed amongst property owners and outlined concerns related to definitions of multi-family residential units. The Public Works Director stated the fee proposes to fairly apportion all stormwater systems revenue needs based on a property's contribution to the stormwater system; different land uses and parcel groupings were used to make assumptions related to impervious surfaces; perfection is not required in the calculation, but the goal is to be close; in the result of an error, a protest of fees may be submitted on an annual basis under the "disputed fees provision" to make warranted changes. Jerry Bradshaw, SCI Consulting Group, stated the apportionment of the fee across different parcels is based on the contribution to the [stormwater] system; unlike the water system, is it difficult to measure how much water will run off, similar to garbage fees; available data must be used to reasonably administer the model; typically land use Regular Meeting Alameda City Council 5 October 1, 2019 | CityCouncil/2019-10-01.pdf |