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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION N0.2010-042 <br />A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAIL <br />NOTICE OF PROPOSED SEWER AND WASTEWATER TREATMENT RATE INCREASES; <br />TO SETA 45 DAY PROTEST PERIOD; AND TO SET A DATE TO HOLD A PUBLIC <br />HEARING TO RECEIVE PROTESTS TO PROPOSED RATE INCREASES TO FUND <br />CONTINUED MAINTENANCE AND OPERATIONS, AS WELL AS SEISMIC REPAIlZS <br />AND COMPREHENSIVE MODERNIZATION OF THE WATER POLLUTION CONTROL <br />PLANT (WPCP) IN ACCORDANCE WITH THE REQUIIZEMENTS OF PROPOSITION 218 <br />RECITALS <br />WHEREAS, the City of San Leandro is considering raising rates for sewer/wastewater <br />treatment services to fund continued maintenance and operations, as well as seismic repairs and <br />comprehensive modernization of the City's wastewater treatment facility; and <br />WHEREAS, before the City may raise such rates, it must comply with the procedural <br />requirements of Prop. 218, a constitutional initiative passed by voters in November, 1996, which <br />affects the ability of local public agencies to increase property related fees and charges; and <br />WHEREAS, the Prop. 218 procedural requirements are as follows: <br />1. The City must identify the parcels upon which the increased rates will apply. <br />2. The amount of the rate increase proposed to be imposed upon each parcel must be <br />calculated by the City. <br />3. The City must provide written notice by mail of the proposed rate increases to the record <br />owner of each identified parcel upon which the increased rate is proposed for imposition. <br />4. The notice to record owners of property must contain: (i) the amount of the proposed <br />fee or charge; (ii) the basis on which the proposed fee or charge was calculated; (iii) the <br />reason for the fee or charge; and (iv) the date, time, and location of a public hearing on the <br />proposed fee or charge. <br />WHEREAS, if after complying with Prop. 218's procedural requirements a majority <br />protest to the rate increases is received, the City may not raise the rates unless it complies with the <br />procedural requirements of Prop. 218 again. If however, a majority protest is not received, then the <br />City may legally raise the sewer/wastewater rates, and the City Manager, either on his own, or at <br />the City Council's request, may bring an action item for City Council consideration to raise the <br />rates in accordance with the Prop. 218 notice; and <br />