REPORT TO COUNCIL
SUBJECT
Title
Action on a Written Petition submitted by Joseph Ducato requesting to make changes to the Sewer Ordinance whereby the City reassumes responsibility for maintenance and/or replacement of the sewer laterals located in the public right-of-way [Council Pillar: Enhance Community Engagement and Transparency]
Report
BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.
The City Clerk's Office originally received a Written Petition for Council consideration from Mr. Joseph Ducato dated June 29, 2020 (Attachment 2) requesting changes to the City Code Chapter 13.10 - Sewers Article 1 (Section S-5):
(5) "Sewer lateral" (same as "sewer service lateral") means the sewer connection piping used to convey sewage from a building or facility on a parcel (private or public property) to the City-owned sewer main. Each sewer lateral is owned by the entity that owns the property or facility from which that sewer lateral serves to convey sewage.
During Council consideration on July 13, 2020, for which Mr. Ducato was not present, it was not clear exactly the nature of Mr. Ducato's request. Council decided not to agendize Mr. Ducato's petition at that time and directed staff to follow-up with Mr. Ducato, which was done over the next weeks. After working to clarify his request, Mr. Ducato chose to resubmit his Written Petition requesting that the Council ...
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