APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO
ENTER INTO A TEN-YEAR AG REEMENT WITH EAST BAY
MUNICIPAL UTILITY DISTRICT (EBMUD) FOR SEWER SERVICE
CHARGES, BILLING AND COLLE CTION SERVICES, BY AND
BETWEEN EBMUD AND THE CITY OF OAKLAND FROM JULY 1, 2023 TO JUNE 30, 2033; AND MAKING APPROPRIATE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, on December 12, 1997, the City of Oakland (City) and the East Bay Municipal Utilities District (EBMUD) entered into an Agreement for billing and collection of sewer charges; and
WHEREAS, on March 12, 2007, the City and EBMUD entered into Amendment No. 1 to extend the term of the original Agreement by three years from July 1, 2007, to July 1, 2010; and
WHEREAS, on July 1, 2010, the City and EBMUD executed Amendment No. 2 to extend the term of the Agreement by three years from July 1, 2010 to June 30, 2013; and
WHEREAS, on June 4, 2013, the City and EBM UD collectively en tered into an Agreement for billing and collection of sewer char ges for a period of 10 years (Resolution No. 84424 C.M.S.); and
WHEREAS, on December 15, 2020, the City executed Amendment No. 1 to the Agreement to implement the Customer Assistance Program to assist low-income homeowners (Resolution No. 88465 C.M.S.); and
WHEREAS, the revenues from Sewer Service Charge are deposited into the Sewer Service Charge Fund 3100, Engineering and Construction Administration Organization 30211 and Sewer Service Charge Account number 45113; and
WHEREAS, the revenue is expected to incr ease to approximately $73,000,000 in 2023- 24 and approximately $77,000,000 in 2024-25; and
Celso Ortiz (Apr 20, 2023 10:00 PDT)
WHEREAS, pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273 (Rates, Tolls, Fares, and Charges), the California Environmental Quality Act (“CEQA”) does not apply to the establishmen t, modification, structur ing, restructuring, or approval of rates, tolls, fares, or other charges by public agenci es which the public agency finds are for the purpose of meeting operating expenses or obtaining funds for capital projects, necessary to maintain service within existing service areas; and
WHEREAS, should the City wish to terminate th e agreement to pursue an alternative billing and collection arrangement, the City is required to give a 90 day notice to EBMUD; now, therefore, be it
RESOLVED: That the City Administrator is hereby authorized to execute this Agreement to Sewer Service Charges, Billing and Collection Agreement of May 2, 2023, by and between East Bay Municipal Utility District (EBMUD) and the City of Oakland for a term of ten years from July 1, 2023, to June 30, 2033.
FURTHER RESOLVED: That this action is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(8) and CEQA Gu idelines Section 15273 (Rates, Tolls, Fares, and Charges) because CEQA does not apply to the es tablishment, modifi cation, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for th e purpose of meeting operating expens es or obtaining funds for capital projects, necessary to maintain service within existing service areas.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the City of
Oakland, California