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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2011- <br />A RESOLUTION AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO MAIL A <br />NOTICE OF THE PROPOSED CHANGE IN PURPOSE OF PREVIOUSLY APPROVED <br />SEWER AND WASTEWATER TREATMENT RATE INCREASES; TO SET THE MINIMUM <br />45 DAY PROTEST PERIOD; AND TO SET THE DATE, TIME AND LOCATION FOR A <br />PUBLIC HEARING TO RECEIVE WRITTEN PROTESTS TO THE PROPOSED CHANGE IN <br />PURPOSE OF PREVIOUSLY APPROVED SEWER AND WASTEWATER TREATMENT <br />RATE INCREASES TO FUND REIMBURSEMENT TO RATE PAYERS OF THE COSTS TO <br />RECONNECT PRIVATE SEWER LATERALS WHEN THE CITY DETERMINES THAT IT IS <br />IN THE BEST INTEREST OF PUBLIC HEALTH AND SAFETY TO CONSTRUCT OR <br />RECONFIGURE CITY SEWER MAINS, IN ACCORDANCE WITH THE REQUIREMENTS <br />OF PROPOSITION 218 <br />RECITALS <br />WHEREAS, in 2010 the City of San Leandro approved rate increases 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, the previously approved rate increases meet the needs for which they were <br />approved, such that there is capacity within the previously approved rate increases to repurpose <br />some of the monies towards a program to fund reimbursement of costs to reconnect rate payers' <br />private sewer laterals to the City's sewerage system when the City determines that it is in the best <br />interests of the public health and safety to construct or reconfigure City sewer mains; and <br />WHEREAS, to preserve the public's trust and act with prudence, it is the City Council's <br />opinion that before the City may repurpose any funds from the previously approved rate increases, <br />it must comply with the procedural requirements of Prop. 218, a constitutional initiative passed by <br />voters in November, 1996 that affects the ability of local public agencies to increase property <br />related fees and charges; and <br />WHEREAS, the Prop. 218 procedural requirements that the City will implement are as <br />follows: <br />1. The City will identify the parcels upon which the previously approved rate increases <br />applied. <br />2. Because there is no new proposed rate increase, the City will instead provide written <br />notice by mail of the proposed repurpose of previously approved rate increases to the <br />record owner of each identified parcel upon which the previously approved rate increases <br />were proposed for imposition. <br />