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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> RESOLUTION NO. 2011 -172 <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 /> I . 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 />