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INTRODUCEDBY COUNCILMEMBER

ORDINANCENO.

APP OVERASTOFORMANDLEGALITY

CITYATTORNEY3~MSANORDINANCEAMENDING PORTIONSOFARTICLE7,

CHAPTER6 OFTHEOAKLANDMUNICIPALCODEINCREASINGTHESEWERSERVICECHARGE

WHEREAS,the City was ordered by the United States Environmental Protection Agencyand the Bay Area Regional Water Quality Control Board to eliminate wet weatheroverflows from public sanitary sewers;andWHEREAS,the City has prepared a Compliance Plan to eliminate these overflows;andWHEREAS,such Compliance Pan involves large expenditures of public funds;andWHEREAS,the Council of the City of Oakland onJune 23,1987 previously approved inOrdinance No.10877CMS,negative declaration for the sanitary sewer inflow/nfiltrationI/ehabilitation program;andWHEREAS, he City Council finds and determines that the requirements of the CaliforniaEnvironmental Quality Act (CEQA)of 1970,the Guidelines asprescribed by the Secretaryfor Resources,and the provisions of the Statement of Objectives,Criteria and Proceduresfor Implementation of the Caifornia Environmental Quality Act:City of Oakland,havebeen satisfied,and this action onthe part of the City Council does not constitute aprojectunder CEQA pursuant to CaiforniaPublic Resources Code section 21080(68r in thealternative, that if this Ordinance is a project subject to CEQA that the Council hasdetermined wth certainty that no possibility exists that this Ordinance may producesignificant environmental effects;The Council of the City of Oakland does ordan as follows:SECTIONI:SECTION67MPOSITIONOF SEWERSERVICECHARGE IS AMENDEDASFOLLOWS:

SEC.672MPOSITION OF SEWERSERVICECHARGE Every party inwhosenamesewage disposal service of the East Bay Municipal Utility Dstrict (District)s grantedshall pay a charge for billing periods that begin onorafter June 1,1991,as herein providedfor the use of sewer facilities owned and operated by the City.600-245-00573)

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3In nocase shall the tota monthly charge be less than Nne Dollars and Thirty-SxCents (96).f)he sewerservice charges established and assessed insub-a r a g r a p h sc)nd (d)shall be applicable to premises where nometer is instaledoravailable in said premises formeasuring thevolume of sewage fromsuch premises intosewers. The sewerservice charge

for these premises shall be based upon the tota amount of water used fromal sources,asascertained by the District, for sewage disposal service charges imposed by such Dstrictwthin the City.g)he sewerservice charge established and assessed insub-a r a g r a p he)hall beapplicable to premises where aportion of the water received fromany soucedoes not flow

into sewers because of manufacturing orremova by other means and a meter is installedoravailable in said premises for measuring the volume of sewage from such premises intosewers. The sewerservice charge for these premises shall be based upon the volume ofsewage discharging from such premises into the sewers, as ascertained by the Dstrict forsewage disposal service charges imposed by the Dstrict wthin the City.h)he charges established and assessed insub-a r a g r a p h sa,,),)nd (e)shall become due and payable onreceipt of bill therefore. Such charges shall be paiddirectly to the City or to the District,as directed upon thebll.

SECTIONII:Oakland Municipal Code Section671es hereby deleted.SECTIONIII:The City Council makes the following findings in support of adoptionof this Ordinance,asrequired by CaiforniaFublic Resources Code Section 21080(bThe sewer rate increases arefor the purposes of:

a) Obtaining funds for capital improvements necessary to mantan serviceswthin the existing service areas in order to comply wth the CaiforniaRegional Water Quality Control Boardsrder No. 84-67 (CompliancePan ),nd

b) Meeting operating expenses of the Compliance Plan,andc) Purchasing or leasing supplies, materials and equipment of the CompliancePan.

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