Laserfiche WebLink
To: City Council Facilities and Transportation Committee <br /> From: City Attorney <br /> Re: Legal Questions Related to Discussion Regarding Private Sewer Lateral Replacement Policy <br /> Date: April 12, 2011 <br /> Page: 6 <br /> c. Exceed the proportional cost of the service attributable to the parcel. (Id, § 6, subd. <br /> (b)(3).) Again, we recommend a reimbursement program with strict monitoring and <br /> documentation requirements that would be administered by skilled and trained staff <br /> whose cost to provide service would be closely monitored to net this requirement. <br /> d. Be imposed unless the service for which the fee is charged is used by or immediately <br /> available to the property owner to whom it is charged. (Id, § 6, subd. (b)(4).) The <br /> primary reason for the rate increase and separately dedicated fund would be so that <br /> funds generated by the fee increase would be immediately available to any property <br /> owner upon whom it was charged. <br /> e. Be imposed for "general governmental services, including, but not limited to, police, <br /> fire, ambulance or library services, where the service is available to the public at large <br /> in substantially the same manner as it is to property owners." (Id, § 6, subd. (b) (5).) <br /> Again, the segregation of the monies in the City's sewer utility enterprise fund would <br /> unsure that it would not be imposed or used for general governmental services. <br /> Storrntry <br /> Puusuant to the San Leandro Municipal Code, the operation, maintenance, and repair of <br /> private sewer laterals are the responsibility of the property owner. The City Council can, by <br /> ordinance, amend the Municipal Code to modifyor change the current policy, if it so <br /> chooses. if the City were to change its policyto assume the responsibility for the costs to <br /> re- connect the private sewer laterals a rate increase would, most likely, be necessary to create <br /> a separate fund within the Sewer Utility Enterprise Fund to finance the costs. A rate <br /> increase would be subject to the Proposition 218 majority protest hearing process. <br /> 1628274.1 <br /> A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN rRANC,scO SANTA ROSA FRESNO • <br />