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Minutes - San Leandro City Council Meeting - April 19, 1993 Page - 29 - PUBLIC HEARINGS (continued) r Faria asked what Alameda County Member y Flood Control would do with the money that they formerly used to fund City programs. Mr. Taylor said Flood Control would lose those funds to the State. Council Member Kerr said, in the original proposal , there was a 10% franchise fee, and he did not see it listed. He asked if it was still included in the budget. Mr. Taylor said it was in the administrative portion. Council Member Kerr said Government Code Section 66024 states that fees and assessments must not exceed the cost of facility or regulatory activity for which it is imposed. He said the City is imposing this because of the Clean Water Act and asked if the City is prohibited from collecting fees other than what it is actually costing over and above what is already being done. The City Attorney said the City is prohibited from imposing fees above and beyond that which it is doing, but the amount of fee described by Mr. Taylor is within the scope of the work that is required and is commensurate with the service. The Hearing was then opened to the public. Lou Filipovich, said he paid close attention to all the services described by Mr. Taylor, as well as the fact that the program is mandated, and the fact that there is a $10,000 fine, but that was not what he wanted to discuss. He said he wanted to talk about the way this was going to be funded. He said this is a property tax increase. He said the people who will pay for it will be individual property owners and renters, because all costs to commercial property and property owned by landlords will be passed on down. He said the City Council is ignoring what Proposition 13 was all about and ignoring the intent of Proposition 62. He said the City Council should let the people decide if they want to support this. He said the City can raise $18 million to retrofit buildings and put $500,000 in the Capital Improvement Program and get a payback from the Redevelopment Fund to the General Fund. He said this is a property tax increase, and San Leandro is not the only thing the tax payer is going to have to take care of, but will also have to take care of the County, the State, and the Federal Government. He said taxpayers are not subsidized by any civil subsidy and are vulnerable and no one is speaking for them or taking care of them. He said the taxpayers do not voice their opinion at Council meetings. He said this will be taken care of throughout the State just as was done with Proposition 13, and there will be something on the ballot.