Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Consumer Protection topic
No spam. Unsubscribe anytime.
Resident asks city to clarify water-service-line contract clause that could expose low-income homeowners to costs
Summary
A Berkeley resident asked the council to clarify a clause in a proposed water service-line replacement agreement that she said reads like an indemnity; she asked for written assurance that a low-income homeowner would not be charged for repairs or held liable under the contract.
During the public comment period, resident and attorney Margaret Dobrowitzky raised concerns about a clause in the city's water-service-line replacement agreement she said is confusing and may function similarly to an indemnity. Dobrowitzky said her sister, a recent retiree living on Social Security, received the contract and is worried the language could obligate her to pay the city.
Dobrowitzky said she had discussed the clause with city staff and ‘‘city attorney Dan Chris’’ and that the city attorney had described the language to her as a covenant not to sue rather than an indemnity. Dobrowitzky, who identified herself as a patent attorney by training, asked for an assurance in writing — either in the contract or an email — that her sister would not be charged money as a result of signing the agreement.
She said she supplied a redline with proposed language changes but that staff had expressed reluctance to modify the standard contract form. Dobrowitzky requested a clear written assurance for homeowners, particularly those on fixed incomes, explaining the contract’s effect in plain language.
Council did not take immediate action on the request during the meeting; staff acknowledged the comment and the resident said she had already been in contact with city staff.
