3A Public Hearing 2011 1121 - Laserfiche WebLink

Home

File Number: 11 -350 reimburse rate payers affected by this particular City sewerage system activity. To determine the sewer rate impact from the proposed change in lateral connection policy, staff updated the wastewater rate model with data that included actual bid amounts and financing rates for the treatment plant rehabilitation project. The result showed a capacity for the Water Pollution Control Fund to absorb the potential costs for reimbursing property owners for constructing private sewer laterals to reconnect to a relocated main line. In an abundance of caution, the City Council determined that before such a program is created the City should comply with the procedural requirements of Proposition 218. DISCUSSION On September 19, 2011, the City Council authorized mailing a notice of the proposed change in purpose of previously approved wastewater rate increases, setting a 45 -day protest period and public hearing in accordance with Proposition 218 requirements. In accordance with the procedures of Proposition 218, the City Council properly noticed affected property owners, opened the prescribed protest period, and declared that a public hearing to hear testimony and receive written protests to the change in purpose would be held at 7 p.m., November 21, 2011 at San Leandro City Hall. Upon conclusion of the public hearing, the City Clerk must count the number of valid protests received to determine whether a majority protest exists. Only one protest per parcel may be counted. If a majority protest is presented, then the City Council cannot change the original purpose and use of the previously approved rate increases. However, if the City Clerk determines that a majority protest does not exist, the City has complied with Proposition 218, and may take action to change the purpose of the approved rate increases to cover the costs to reconnect private sewer laterals when the City relocates a City maintained sewer main. Current Agency Policies Enact adequate sewer service fees to fully fund continued operation, maintenance and repair of the wastewater conveyance and treatment system. Previous Actions • 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 City of San Leandro Page 2 Printed on 11/15/2011