10A Action 2011 0919 - Laserfiche WebLink

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increases and sets a public hearing to receive protests to the proposed change. The resolution also sets the minimum 45 day protest period to run from October 5, 2011 to November 21, 2011. The resolution also sets November 21, 2011, 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 proposed change in purpose would be imposed may submit their written protests by mail to the City Clerk until 5 p.m. November 21, 2011 or deliver them at the public hearing. The City Council will also take public comment on the proposed change in purpose 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 change the original purpose and use of the previously approved rate increases until a new Prop. 218 notice for such rates is sent and the procedures detailed above redone. If a majority protest is not presented, then the City Council has the discretion to change the purpose of the approved rate increases to cover the costs rate payers incur when they have to reconnect their private sewer laterals when the City relocates or constructs a new City maintained sewer main. If this occurs, then staff will present for City Council approval a resolution to re- purpose the previously approved sewer /wastewater treatment rates (which will also assure that the original purpose of the increases to the sewer and wastewater rates continue to be fully funded), an ordinance to amend the Municipal Code to reflect the new policy, and a resolution to amend the City's Administrative Code to implement the new program. Current City Council Policy The City Council approved a series of rate increases to fund continued maintenance and operations, as well as seismic repairs and comprehensive modernization of the wastewater treatment facility. This action will not change that policy; staff believes that the proposed program can be implemented within the framework of the previously approved rate increases without jeopardizing funding for the continued maintenance and operations, repairs and modernization of the wastewater treatment facility. Previous City Council Action(s) 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. On April 19, 2010 by Resolution No. 2010 -042, the City Council authorized the City Manager or his designee to mail the required notice of proposed sewer and wastewater treatment rate increases and notice of public hearing in accordance with the requirements of Proposition 218. On June 21, 2010 by Resolution No. 2010 -069, the City Council adopted wastewater discharge rates as published in the Notice of Proposed Sewer and Wastewater Treatment Rates for fiscal years 2010 -11 through 2014 -15. On September 7, 2010 by Resolution No. 2010 -112, the City Council awarded the construction of the 2009 Sewer Pipeline Replacement Project. On December 20, 2010 by Resolution No. 2010 -156, the City Council approved Administrative Code Title 8, Chapter 11.