10A Action 2010 0419 - Laserfiche WebLink

Home

3. Provide written notice by mail of the proposed rate increases to the record owner of each identified parcel upon which the increased rate is proposed for imposition. 4. The notice to record owners of property must contain: (1) the amount of the proposed fee or charge; (2) the basis on which the proposed fee or charge was calculated; (3) the reason for the fee or charge; and (4) the date, time and location of a public hearing on the proposed fee or charge. In addition, there is a public hearing requirement, the time, date and location of which will be in the notice mailed to parcel owners. The City must conduct a public hearing on the proposed rate increases at least 45 days after mailing the notice described above. The date of the hearing is June 21, 2010. The hearing will be conducted in the following manner: (1) at the public hearing, the City must consider all written protests against the rate increases; and (2) if a written protest against the proposed rate increases is presented by a majority of owners of the identified parcels, the City may not impose the rate increase. This requires a majority of all affected property owners to protest the fee under the traditional "silence equals consent rule." Only one protest per parcel maybe counted in determining whether a majority protest exists. DISCUSSION The resolution presented for City Council approval authorizes staff to mail the required notice of proposed sewer and wastewater treatment rate increases and set a public hearing to receive protests to the proposed rate increases. The resolution also sets the minimum 45 day protest period to run from May 5, 2010 to June 21, 2010. The resolution also sets June 21, 2010, 7 p.m. (or as soon thereafter) at San Leandro City Hall as the date, time and location of the public hearing to receive written protests. Parcel owners upon whom the rate increases would be imposed may submit their written protests by mail to the City Clerk until 5 p.m. June 21, 2010 or deliver them at the public hearing. The City Council should also take public comment on the proposed rate increases during the public hearing. The City Council would then close the public hearing, allow the City Clerk to tally the protests, and declare whether a majority protest exists. If a majority protest is presented, then the City Council cannot raise the rates until a new Prop. 218 notice for such rates is sent and the procedures detailed above re-done. If a majority protest is not presented, then the City Council has the discretion to raise the rates up to the amounts detailed in the notice. If this occurs, then staff will present for City Council approval a resolution to raise the sewer/wastewater treatment rates. Current City Council Policy This would be the first time that the City Council has ever approved a Prop. 218 procedure for a property related fee increase. Previous City Council Action(s) On November 19, 2007 by Resolution No. 2007-143, the City Council authorized the City Manager to execute a real property agreement for property required for the Water Pollution Control Plant Rehabilitation Project. On December 3, 2007 by Resolution No. 2007-147, the City Council approved an agreement with Municipal Financial Services to provide a sewer rate study.