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575 Market Street, Suite 2600 Richard D. Pio Roda <br /> San Francisco, CA 94105 Attorney at Law <br /> P: 415.421.3711 rpioroda @meyersnave.com <br /> F: 415.421.3767 <br /> www.meyersnave.com <br /> meyers nave <br /> MEMORANDUM <br /> DATE: April 12, 2011 <br /> TO: Gty Council Facilities and Transportation Committee <br /> Committee Members: Councilmember Souza (Chair), Councilmember <br /> Cutter and Councilmember Starosciak <br /> FROM: Jayne W. Williams, City Attorney <br /> Richard D. Pio Roda, Assistant City Attorney <br /> COPY: Mayor Cassidy and Members of the Gty Council <br /> Steve Hollister, Gty Manager <br /> Lianne Marshall, Assistant City Manager <br /> Uche Udemezue, Director of Engineering and' Transportation <br /> Ken Joseph, Gty Engineer <br /> • <br /> Mike Bakaldin, Director of Public Works <br /> RE: Legal Issues Related to Discussion Regarding Private Sewer Lateral <br /> Replacement Policy (Dowling Triangle /Broadmoor Neighborhood <br /> Sewer Lateral Replacement) <br /> • <br /> As requested, this memo addresses questions regarding the legal status and maintenance <br /> responsibility of certain sewer lines that are located on private property and, in particular, <br /> sewer lines located within the Dowling Triangle. This memo also discusses whether City <br /> payment for the re- connection of private sewer laterals is legally permissible <br /> Proposition 218 (Cal Const arts XIIIGXIIID). <br /> Legal Status of Sewer Lines on Private Property <br /> Currently, Dowling Triangle properties connect their private sewer lateral pipelines to a main <br /> sewer line that runs underneath the Dowling Triangle properties, mainly through backyards <br /> and underneath structures, to drain sewage into the Cites sewer system.' The City has <br /> historically provided maintenance services (primarily clean -outs) for the DTSL. None of the <br /> 1. For purposes of this memo, the line will be called the `Dowling Triangle Sewer Line," or the DTSL <br /> A PROFESSIONAL LAW CORPORATION OAKLAND WS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO <br />