Etna City Council
September 28, 2026

City of Etna

AGENDA FOR THE REGULAR MEETING OF THE ETNA CITY COUNCIL DATE OF THE MEETING: September 28, 2026
TIME OF THE MEETING: 6:30 pm
PLACE OF THE MEETING: 442 Main Street Etna, CA, and TELECONFERENCE (Zoom)

1. CALL TO ORDER
a. Pledge of Allegiance
b. Roll Call

2. PUBLIC COMMENT - NON-AGENDA ITEMS - The City Council cannot take action or comment on non-agenda items.

3. CONSENT CALENDAR
a. Minutes of the Special Meeting August 19, 2026
b. Minutes of the Regular Meeting August 24, 2026
c. Minutes of the Special Meeting August 31, 2026
d. Check Report 8.22 - 9.25

4. CURRENT BUSINESS
a. Discuss/Approve Event Application for the Veterans Day Parade November 7, 2026 b. Discuss/Approve Event Application for the Etna High School Homecoming Parade October 30, 2026 c. Discuss/Approve Contract Change Order #1 R.B. Aldrich Construction Main Street Rehab Project for $40,750 d. Discuss/Approve Proposal for Speed Bumps on Main Street e. Discuss/Approve Letter of Support from Mayor Cliff Munson for "The Plywood Palace: A Cool Haven for Scott Valley"
f. Presentation: Charnna Gilmore - Park & Pool Grant Committee g. Discuss/Approve Flyer to be Included with the October 1s Water/Sewer Billing h. Discuss/Approve Rescinding Resolution 2026-010 Approving the Extension of Water and Wastewater Service to Residential Property Located Outside City Limits on APN 023-100-130 i. Discuss/Approve Appeal of Penalty Charges and Request for Review of Billing Practice j. Discuss/Approve Continued Discussion on Appeal to Allow Staff Additional Time to Research Penalty Charges
k. Discuss/Approve Department Credit Card Use

5. CORRESPONDENCE
a. Resident Letter from Mary Burton
b. Safety Communication from SCORE: Preparing for El Nino & Severe Weather

6. DEPARTMENT REPORTS
*Police*Public Works* Fire* Ambulance*City Clerk* Mayor* City Council/Committee

7. CITY COUNCIL STATEMENTS AND REQUESTS

8. CLOSED SESSION: The City Council will recess to Closed Session to discuss the below items). At the conclusion of the Closed Session, Open Session will be reconvened and reportable action, if any, will be announced.

Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act (Government Code §54950 et. Seq.)
a. Personnel Matters (Pursuant to Government Code §54957(b))

1. Public Employee Performance Evaluation - City Clerk

2. Public Employee Appointment - City Manager

3. Public Employee Appointment - Ambulance EMT

9. ADJOURNMENT
442 Main Street • P.O. Box 460 • Etna, CA 96027
P: 530-467-5256 • F: 530-467-3217
Zoom Teleconference Information:

Phone: 1-669-444-9171 US Meeting ID: 833 0994 6886
https://us06web.zoom.us/j/83309946886
The City of Etna does not discriminate based on disability in the admissions or access to, or treatment of or employment in, its programs or activities. Disability-related aids or services, including printed information in alternate formats, to enable persons with disabilities to participate in public meetings are available. If any accommodations are needed, please contact Pamela Eastlick at 530-467-5256 [email protected]. Requests should be made as soon as possible but recommended between three days to one week prior to the scheduled meeting.
442 Main Street • P.O. Box 460 • Etna, CA 96027
P: 530-467-5256 • F: 530-467-3217
OF

MINUTES

SPECIAL MEETING OF THE ETNA CITY COUNCIL
Wednesday August 19, 2026
Members of the Etna City Council met on this 19th day of August in person. Mayor Cliff Munson called the meeting to order and dispensed with the salute to the flag of the United States of America.

1. Call to Order:
a. Pledge of Allegiance
b. Roll Call
Mayor Cliff Munson, Council Members Matt Eastlick, and John Stacher were present.

Council Members Brandon Fawaz and Jason Deppen were absent.

2. Public Comment:

None.

3. Current Business:

Discuss/Approve Resolution 2026-015 - A Resolution of the City of Etna Providing for the Appointment to the Office of City Council Member for the Member, City Council, Short Term Seat, Ordering the Cancellation of Said Election for that Seat Pursuant to Elections Code Section 10229 Mayor Munson removed this item from the agenda.
b. Discuss/Approve Main Street Change Order #1 for RB Aldrich Construction for $40,750.00
Mayor Munson explained that the Change Order is not well written and the Council unanimously approved tabling this item to a later meeting.

4. Closed Session:
a. Personnel Matters (Pursuant to Government Code §54957(b))

1. Public Employee Appointment:

Public Works Department - Maintenance Worker I
The Council unanimously approved the hire for Public Works Maintenance Worker I.

5. City Council Statements & Requests:

None.

6. Adjournment:

There being no further business Mayor Munson adjourned the meeting at 6:05 pm. 1 Respectfully submitted,
Jenny Bennett
Asst. City Clerk
DRAPT
2 OF
«CORPORTTO ETNA

MINUTES

REGULAR MEETING OF THE ETNA CITY COUNCIL
Monday August 24, 2026
Members of the Etna City Council met on the 24th day of August in person and TELECONFERENCE (Zoom). Mayor Cliff Munson called the meeting to order and led in the salute to the flag of the United States of America.

1. Call to Order:
a. Roll Call
Council Members Brandon Fawaz, Jason Deppen, Mayor Cliff Munson, and John Stacher were present. Councilmember Matt Eastlick was absent.

2. Public Comments on Non-Agenda Items:

None.

3. Consent Calendar:
a. Minutes of the Regular Meeting July 27, 2026
b. Minutes of the Special Meeting August 19, 2026
c. Expense Approval Report 7.22 - 8.21
Councilmember Stacher made a motion to approve the Consent Calendar excluding the Minutes of the Special Meeting August 19, 2026. Councilmember Deppen seconded, and the motion passed
Ayes: Stacher, Munson, Deppen, Fawaz

4. Current Business:
a. Discussion: Park & Pool Community Survey Results
No action taken. Councilmember Stacher gave a background on this item. More discussion.
b. Discuss/Approve Advertising for a City Manager Position - Review Job Announcement
Councilmember Fawaz shared comments and provided an additional job description tailored more to a consultant type position. Fawaz made a motion to pursue advertising for a City Manager or Consulting Services. Councilmember Deppen is in favor of a consultant type position. More discussion. Fawaz made a motion to post the advertisement for a City Manager consistent with job description as provided in the packet or a consultant that is consistent with the outlined provided tonight. Deppen seconded the motion. Fawaz added to leave the advertisement open until September 15th and call a special meeting to interview candidates. More discussion about grants, revenue streams, expenses.

Ayes: Stacher, Munson, Deppen, Fawaz

5. Department Reports:
1 Pool Manager Caitlin Bennett gave a brief end of the season pool report. The pool season received positive feedback and was successful. The pool had double the amount of swim lessons last year. The lifeguards did great. Councilmember Fawaz commented that he received a check from Friends of the Pool for the 2026 pool season for $15,000. Fawaz also received a letter from Jenny Zink (FOP.)
Public Works Director Dan Burbank reported that Thursday the contractors will be starting the undergrounding project on Main Street. Burbank believes there will be little impact on the businesses. Discussion regarding future paving projects.

Fire Chief Jake Deegan reported that the fire department has been doing Forest Service coverage assignments.

Police Chief Josh Short reported that his department has been extremely busy. Chief Short is proud of his officers stepping up and handling a few car thefts. They have been working on cyber crime cases. They have been assisting with truancy issues at the schools. Burbank requested more officer presence during dropoff and pickup at the elementary school. Fawaz requested a log from the speed trailer. Discussion regarding the parking situation at the Etna Brewery.

Mayor Munson thanked the public works department and the police department for helping an elderly lady with her tinted windows.

Councilmember Fawaz recommended that contract change orders get reviewed more thoroughly.

City Clerk Pamela Eastlick reported that the reimbursements have been coming in for the projects but there is still money that immediately flows out. Eastlick explained that it is a cash flow issue. Eastlick also reported that she has been working on getting the payrolls caught up while being in the middle with the new software conversion.

6. City Council Statements and Requests:

Councilmember Fawaz may not make the October meeting.

7. Closed Session:
b. Personnel Matters (Pursuant to Government Code §54957(b))

1. Public Employee Appointment - Ambulance Department EMT The Council unanimously approved the EMT volunteer.

8. Adjournment:

There being no further business, Mayor Pro Tem Brandon Fawaz adjourned the meeting at 7:22 pm.

Respectfully submitted,
Jenny Bennett
Asst. City Clerk
2 OF

CORPORATE

MINUTES

SPECIAL MEETING OF THE ETNA CITY COUNCIL
Monday August 31, 2026
Members of the Etna City Council met on this 31" day of August in person. Mayor Cliff Munson called the meeting to order and dispensed with the salute to the flag of the United States of America.

1. Call to Order:
a. Pledge of Allegiance
b. Roll Call
Councilmembers Jason Deppen, Mayor Cliff Munson, Matt Eastlick, and John Stacher were present. Councilmember Brandon Fawaz arrived a few minutes late.

2. Public Comment:

None.

3. Consent Calendar:

None.

4. Current Business:
a. Discuss/Approve Event Application Cancer Awareness Color Run Lorelei Claussen requested Council approval to host a color run event as her senior project. Claussen explained the details of the event.
b. Discuss/Approve Going out to Bid for Electrical Work for the Pacific Power Underground Project
Mayor Munson gave a background on this project. It was determined that the city does not need to go out to bid for an electrician. Public Works Director Dan Burbank has been working with Pacific Power regarding this. Burbank explained that the city can use credits to pay for an electrician but may need to go out to bid. More discussion on property owners and electrical panels.

Councilmember Fawaz asked what the cost of the electrician would be. That information is unclear at this point. More discussion on permitting etc. Burbank explained that this is informational for tonight.
c. Discuss/Approve Siskiyou County Sheriff Contract for Dispatch & Records Services
Item tabled. Councilmember Fawaz recommended City Clerk Pamela Eastlick to follow up on 911 calls placed from a landline vs. cell phone and tind out what percentage of the calls go which way. Also, it may be possible to find another contractor for dispatch and police. Clerk Eastlick will check on this. Fawaz would like to know if this contract is solely for police services.

5. City Council Statements & Requests:
1 None.

6. Adjournment:

There being no further business, Mayor Munson adjourned the meeting at 6:25 pm.

Respectfully submitted,
Jenny Bennett
Asst. City Clerk
DRAFT
OF Check Report
ARPORATS! ETNA
By Check Number
Date Range: 08/22/2026 - 09/25/2026
UNE 10, 100

THOU COUNS
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: Mechanics CK-Operating Account
1027 ACTIVE 911, INC. 09/08/2026 Regular 0.00 166.50 22866 1092 AT&T Mobility 09/08/2026 Regular 0.00 103.27 22867 1191 BURTON'S FIRE INC. 09/08/2026 Regular 0.00 1,244.22 22868 1195 C & K MARKET 09/08/2026 Regular 0.00 102.29 22869
1221 CALIFORNIA POLICE CHIEFS' ASSOCIATION 09/08/2026 Regular 0.00 254.00 22870 1336 COLANTUONO, HIGHSMITH & WHATLEY, PC 09/08/2026 Regular 0.00 7,499.00 22871 1361 CORE PSYCHOLOGICAL CORPORATION 09/08/2026 Regular 0.00 500.00 22872 1406 DANIEL BURBANK 09/08/2026 Regular 0.00 100.00 22873 VEN01007 Department of Health Care Services 09/08/2026 Regular 0.00 63.50 22874 VEN01007 Department of Health Care Services 09/08/2026 Regular 0.00 58.14 22875 1546 E & S ENGINEERS 09/08/2026 Regular 0.00 11,449.00 22876 1546 E & S ENGINEERS 09/08/2026 Regular 0.00 67,763.88 22877 1546 E & S ENGINEERS 09/08/2026 Regular 0.00 500.00 22878 1546 E & S ENGINEERS 09/08/2026 Regular 0.00 2,302.00 22879 1613 ETNA HARDWARE, INC. 09/08/2026 Regular 0.00 285.42 22880 1663 FORT JONES ACE HARDWARE 09/08/2026 Regular 0.00 21.44 22881 1773 HENRY SCHEIN MEDICAL 09/08/2026 Regular 0.00 544.08 22882 1930 KELLEY CREATE 09/08/2026 Regular 0.00 460.52 22883 1949 KIEP-ER KLEEN 09/08/2026 Regular 0.00 313.94 22884 1974 LN. CURTIS & SONS 09/08/2026 Regular 0.00 60.43 22885 1974 L.N. CURTIS & SONS 09/08/2026 Regular 0.00 4,963.96 22886 1993 LAW OFFICE OF DARRIN MERCIER 09/08/2026 Regular 0.00 785.27 22887 2018 LIFE ASSIST 09/08/2026 Regular 0.00 287.60 22888
2021 LINCOLN AQUATICS 09/08/2026 Regular 0.00 1,554.18 22889 2102 MEAN GENE'S GAS 09/08/2026 Regular 0.00 5,011.09 22890 2169 MT. SHASTA AMBULANCE SERVICE 09/08/2026 Regular 0.00 565.00 22891 1001 NATHAN MENDES 09/08/2026 Regular 0.00 1,018.10 22892 2254 PACE SUPPLY CORP 09/08/2026 Regular 0.00 1,006.80 22893 2257 PACIFIC POWER 09/08/2026 Regular 0.00 4,884.05 22894 2295 PEACE OFFICERS LEGAL DEFENSE 09/08/2026 Regular 0.00 696.29 22895 2295 PEACE OFFICERS LEGAL DEFENSE 09/08/2026 Regular 0.00 48.00 22896 2296 PEACE OFFICERS RESEARCH ASSOC 09/08/2026 Regular 0.00 237.00 22897 2296 PEACE OFFICERS RESEARCH ASSOC. 09/08/2026 Regular 0.00 24.00 22898 2322 PITNEY BOWES GLOBAL FINANCIAL SERVICES LL 09/08/2026 Regular 0.00 175.38 22899 2336 POSTMASTER 09/08/2026 Regular 0.00 134.00 22900
2344 PRIMO BRANDS 09/08/2026 Regular 0.00 107.42 22901
2492 SCOTT VALLEY AUTO PARTS 09/08/2026 Regular 0.00 971.21 22902 2496 SCOTT VALLEY DISPOSAL 09/08/2026 Regular 0.00 675.00 22903 2530 SHASTA SERVICES, INC. DBA TIMBERWORKS 09/08/2026 Regular 0.00 637,716.45 22904 2549 SHN CONSULTING ENGINEERS 09/08/2026 Regular 0.00 718.75 22905 2568 SISKIYOU COUNTY EDC 09/08/2026 Regular 0.00 500.00 22906 2599 SISKIYOU TELEPHONE 09/08/2026 Regular 0.00 1,184.09 22907 2759 TYLER TECHNOLOGIES INC 09/08/2026 Regular 0.00 1,543.19 22908 2789 VERITONE 09/08/2026 Regular 0.00 500.00 22909
2791 VERIZON WIRELESS 09/08/2026 Regular 0.00 150.96 22910 2849 WITTMAN ENTERPRISES, LLC 09/08/2026 Regular 0.00 1,645.72 22911 1100 AXON ENTERPRISE, INC. 09/17/2026 Regular 0.00 20,604.72 22912 1336 COLANTUONO, HIGHSMITH & WHATLEY, PC 09/17/2026 Regular 0.00 2,191.75 22913 1483 DEPARTMENT OF JUSTICE ACCOUNTING OFFICE 09/17/2026 Regular 0.00 32.00 22914 1551 ED STEINHOFF REPAIR 09/17/2026 Regular 0.00 53.27 22915 1773 HENRY SCHEIN MEDICAL 09/17/2026 Regular 0.00 209.31 22916 1974 L.N. CURTIS & SONS 09/17/2026 Regular 0.00 62.68 22917 2102 MEAN GENE'S GAS 09/17/2026 Regular 0.00 4,483.63 22918 2252 09/17/2026 Regular 0.00 548.80 22919

PACE ANALYTICAL
9/25/2026 1:01:54 PM Page 1 of 4
Date Range: 08/22/2026-09/25/2026
Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 2492 SCOTT VALLEY AUTO PARTS 09/17/2026 Regular 85.24 22920 2530 SHASTA SERVICES, INC. DBA TIMBERWORKS 09/17/2026 Regular 0.00 675,289.37 22921 2568 SISKIYOU COUNTY EDC 09/17/2026 Regular 0.00 500.00 22922 2759 TYLER TECHNOLOGIES INC 09/17/2026 Regular 0.00 9,117.09 22923 CALPERS 457 08/28/2026 Bank Draft 0.00 214.19 DFT0000045 CALPERS 457 08/28/2026 Bank Draft 0.00 537.82 DFT0000046 CALPERS RETIRE 08/28/2026 Bank Draft 0.00 599.80 DFT0000047 CALPERS RETIRE 08/28/2026 Bank Draft 0.00 412.44 DFT0000048 CALPERS RETIRE 08/28/2026 Bank Draft 0.00 598.32 DFT0000049 CALPERS RETIRE 08/28/2026 Bank Draft 0.00 252.00 DFT0000050 CALPERS RETIRE 08/28/2026 Bank Draft 0.00 552.51 DFT0000051 CALPERS RETIRE 08/28/2026 Bank Draft 0.00 565.34 DFT0000052 CALPERS RETIRE 08/28/2026 Bank Draft 0.00 873.85 DFT0000053 CALPERS RETIRE 08/28/2026 Bank Draft 0.00 860.55 DFT0000054 INTERNAL REVENUE SERVICE 08/28/2026 Bank Draft 0.00 4,090.70 DFT0000055 EMPLOYMENT DEVELOPMENT DEPT 08/28/2026 Bank Draft 0.00 26.01 DFT0000056 INTERNAL REVENUE SERVICE 08/28/2026 Bank Draft 0.00 956.70 DFT0000057 EMPLOYMENT DEVELOPMENT DEPT 08/28/2026 Bank Draft 0.00 120.52 DFT0000058 INTERNAL REVENUE SERVICE 08/28/2026 Bank Draft 0.00 2,163.00 DFT0000059 INTERNAL REVENUE SERVICE 08/27/2026 Bank Draft 0.00 1,355.86 DFT0000060 INTERNAL REVENUE SERVICE 08/27/2026 Bank Draft 0.00 317.08 DFT0000061 1585 EMPLOYMENT DEVELOPMENT DEPT 08/27/2026 Bank Draft 0.00 141.00 DFT0000062 1803 INTERNAL REVENUE SERVICE 08/27/2026 Bank Draft 0.00 854.00 DFT0000063 1803 INTERNAL REVENUE SERVICE 09/02/2026 Bank Draft 0.00 92.22 DFT0000064 1803 INTERNAL REVENUE SERVICE 09/02/2026 Bank Draft 0.00 21.60 DFT0000065 1585 EMPLOYMENT DEVELOPMENT DEPT 09/02/2026 Bank Draft 0.00 10.96 DFT0000066 1000 CALPERS 457 09/09/2026 Bank Draft 0.00 224.59 DFT0000067 1000 CALPERS 457 09/09/2026 Bank Draft 0.00 558.54 DFT0000068 1225 CALPERS HEALTH 09/09/2026 Bank Draft 0.00 9,724.59 DFT0000069 HUMANA INSURANCE CO. 09/09/2026 Bank Draft 0.00 393.93 DFT0000070 1226 CALPERS RETIRE 09/09/2026 Bank Draft 0.00 626.45 DFT0000071 CALPERS RETIRE 09/09/2026 Bank Draft 0.00 430.77 DFT0000072 CALPERS RETIRE 09/09/2026 Bank Draft 0.00 598.32 DFT0000073 CALPERS RETIRE 09/09/2026 Bank Draft 0.00 252.00 DFT0000074 CALPERS RETIRE 09/09/2026 Bank Draft 0.00 606.30 DFT0000075 CAPERS RETIRE 09/09/2026 Bank Draft 0.00 620.40 DFT0000076 CALPERS RETIRE 09/09/2026 Bank Draft 0.00 873.85 DFT0000077 CALPERS RETIRE 09/09/2026 Bank Draft 0.00 860.55 DFT0000078 AMERITAS LIFE INSURANCE CORP. 09/09/2026 Bank Draft 0.00 71.56 DFT0000079 1803 INTERNAL REVENUE SERVICE 09/09/2026 Bank Draft 0.00 5,710.30 DFT0000080 EMPLOYMENT DEVELOPMENT DEPT 09/09/2026 Bank Draft 0.00 1,361.71 DFT0000081 INTERNAL REVENUE SERVICE 09/09/2026 Bank Draft 0.00 1,335.50 DFT0000082 EMPLOYMENT DEVELOPMENT DEPT 09/09/2026 Bank Draft 0.00 162.18 DFT0000083 INTERNAL REVENUE SERVICE 09/09/2026 Bank Draft 0.00 3,940.82 DFT0000084 1803 INTERNAL REVENUE SERVICE 09/09/2026 Bank Draft 0.00 310.00 DFT0000085 EMPLOYMENT DEVELOPMENT DEPT 09/09/2026 Bank Draft 0.00 90.01 DFT0000086 INTERNAL REVENUE SERVICE 09/09/2026 Bank Draft 0.00 72.50 DFT0000087 INTERNAL REVENUE SERVICE 09/09/2026 Bank Draft 0.00 216.15 DFT0000088 1000 CALPERS 457 09/23/2026 Bank Draft 0.00 220.59 DFT0000099 CALPERS 457 09/23/2026 Bank Draft 0.00 569.82 DFT0000100 CALPERS RETIRE 09/23/2026 Bank Draft 0.00 599.80 DFT0000101 CAPERS RETIRE 09/23/2026 Bank Draft 0.00 412.44 DFT0000102 CALPERS RETIRE 09/23/2026 Bank Draft 0.00 598.32 DFT0000103 CALPERS RETIRE 09/23/2026 Bank Draft 0.00 252.00 DFT0000104 CAPERS RETIRE 09/23/2026 Bank Draft 0.00 683.98 DFT0000105 CALPERS RETIRE 09/23/2026 Bank Draft 0.00 699.87 DFT0000106 CALPERS RETIRE 09/23/2026 Bank Draft 0.00 961.23 DFT0000107 CAPERS RETIRE 09/23/2026 Bank Draft 0.00 946.61 DFT0000108 INTERNAL REVENUE SERVICE 09/23/2026 Bank Draft 0.00 4,394.30 DFT0000109 EMPLOYMENT DEVELOPMENT DEPT 09/23/2026 Bank Draft 0.00 967.14 DFT0000110 1803 INTERNAL REVENUE SERVICE 09/23/2026 Bank Draft 0.00 1,027.68 DFT0000111 9/25/2026 1:01:54 PM Page 2 of 4
Check Report Date Range: 08/22/2026 - 09/25/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 1585 EMPLOYMENT DEVELOPMENT DEPT 09/23/2026 Bank Draft 0.00 109.58 DFT0000112 1803 INTERNAL REVENUE SERVICE 09/23/2026 Bank Draft 0.00 2,607.16 DFT0000113 Bank Code Mechanics CK Summary
Payable Payment
Payment Type Discount Payment
Regular Checks 58 0.00 1,474,073.00
Manual Checks 0.00 0.00
Voided Checks 0.00 0.00
Bank Drafts 59 0.00 59,708.01
EFT's 0.00 0.00
128 117 0.00 1,533,781.01
9/25/2026 1:01:54 PM Page 3 of 4
Check Report Date Range: 08/22/2026 - 09/25/2026
All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 69 58 0.00 1,474,073.00
Manual Checks 0.00 0.00
Voided Checks 0.00 0.00
Bank Drafts 59 59 0.00 59,708.01
EFT'S 0.00 0.00
128 117 0.00 1,533,781.01
Fund Summary
Fund Name Period Amount
98 POOLED CASH 8/2026 15,491.69
98 POOLED CASH 9/2026 1,518,289.32
1,533,781.01
9/25/2026 1:01:54 PM Page 4 of 4
OF E,

A CORPORATE

STAFF REPORT
JUNE 10,1005 ETNA CITY COUNCIL

OU COUN
To: City Council Members
From: Melanie Fowl-Nelson, Native Daughters of the Golden West Date: September 28, 2026
Subject: Etna Veterans Parade
RECOMMENDATION:

Approve Etna Veterans Parade to be held November 7, 2026 on Main Street.

DISCUSSION:

Review event application from Native Daughters of the Golden West for the Etna Veterans Parade on November 7, 2026.

FINANCIAL IMPACT:

None.
429602.1
OF E
City of Etna

EVENT APPLICATION
Location of Event: • Park Z Main Street • Pool • Other:

ORGANIZATION INFORMATION
Name of Organization: Event Contact Person:

NATIVE DAUGHTERS OF GOLDEN WEST MELANiE FOWLE- NELSON
Street Address: Phone Numbers):
520 MAINST 530-598-1165

EVENT INFORMATION
Name of Event: Event Date(s):

ETNA VETERANS PARADE Event a0, 2, 2026
Event Start Time: STARTS 11:00
10:30 LINE uP 12:00 PM
Event Description:

PARADE
Estimated Number of Participants: Estimated Number of Vendors: - 50 Is there an outdoor bar that will serve alcohol? If yes, liquor & bartender licenses DINo •Yes -
are necessary under separate application.

Will there be selling/serving food? If yes, you will need to contact Siskiyou DYes - DINO County Health Department for proper permits.

Will there be merchandise for sale? If yes, each vendor must apply for a Peddler's •Yes ANo License at City Hall.

Will there be musical entertainment? If yes, you are responsible for following City •Yes LINO Noise Ordinance 9.05.030. Contact Etna PD with questions.

Will your event require electricity? If yes, the Fire Department and Public Works •Yes Director will need to inspect prior to use. JOSH IS SETTING UP SPEANER SYSTEM SINO Will your event require a street shut-down? If yes, you must contact the Etna exes •No Police Department for secondary approval. DoNe
Will you be providing portable restrooms & wash stations for the event? •Yes Will there be fireworks? If yes, approval from the Fire Chief and Police Chief is •Yes required. Additional fee of $150.00 is required for Fire & Police Standby. 442 Main Street • P.O. Box 460 • Etna, CA 96027
P: 530-467-5256 • F: 530-467-3217

INSURANCE REQUIREMENTS
The Event Sponsor will obtain liability insurance with coverage no less than $1,000,000 which names and endorses the City as an additional insured party. A copy is due within 15 days of the event.

DEPOSIT REQUIREMENTS
The applicant may be required to submit to the City a cleaning/damage deposit of $200.00 per day for each scheduled day of the event. The deposit shall be refunded to applicant, if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. The City reserves the right to retain the entire deposit if clean up is not completed to the satisfaction of the City. Unless otherwise stated in the permit, the applicant shall be fully responsible for all necessary clean up associated with the permitted event to be completed within 12 hours after the conclusion of the event.

What other assistance do you foresee needing from the City (personnel, materials, and/or equipment)?
NA

BINDING AGREEMENT
I have read understand this application and the requirements placed upon this applicant and organization. I agree to defend, indemnify, and hold harmless the City of Etna, its agents, representatives, officials, and employees, from and against any and all claims, damages, losses, and expenses relating to or alleged to have resulted from the acts, errors, mistakes or omissions of the applicant. I agree to abide by the City of Etna's regulations, laws and ordinances.

Authorized Signature: Date:
tool Nelson 9/25/26

LIST OF FEES
$ $
$
$
Council Approval: Date:

Police Chief Approval: Date:

Fire Chief Approval: Date:

Public Works Director Approval: Date:

Deposit Amount: Deposit Amount Returned:

Notes:

OF ET

ANORPORATTO

STAFF REPORT
VINE 10,1904 ETNA CITY COUNCIL
To: City Council Members
From: Etna High School
Date: September 28, 2026
Subject: Homecoming Parade
RECOMMENDATION:

Approve the Etna High School Homecoming Parade to take place on Main Street on October 30, 2026.

DISCUSSION:

Review event application from Etna High School.

FINANCIAL IMPACT:

None.
429602.1
City of Etna
EVENT APPLICATION SEP 2026

RECEIVED

CITY OF ETNA
Location of Event: Park • Main Street • Pool • Other:

ORGANIZATION INFORMATION
Name of Organization: Event Contact Person:

Etna High School Wendy Hurlimann
Street Address: Phone Number(s):
400 Howell Are 530-467-3244

EVENT INFORMATION
Name of Event: Event Date(s):

Homecoming Parade OCt 30 th
Event Start Time: Event End Time:
1pm 2pm
Event Description:

Tomecoming parade Slating at EHS through town
on traditional parade route
Estimated Number of Participants: /80 Estimated Number of Vendors:

Is there an outdoor bar that will serve alcohol? If yes, liquor & bartender licenses •Yes DINO are necessary under separate application.

Will there be selling/serving food? If yes, you will need to contact Siskiyou DYes ENO County Health Department for proper permits.

Will there be merchandise for sale? If yes, each vendor must apply for a Peddler's DYes ENO License at City Hall.

Will there be musical entertainment? If yes, you are responsible for following City •Yes ONo Noise Ordinance 9.05.030. Contact Etna PD with questions.

Will your event require electricity? If yes, the Fire Department and Public Works •Yes ENO Director will need to inspect prior to use.

Will your event require a street shut-down? If yes, you must contact the Etna EYes •No Police Department for secondary approval.

Will you be providing portable restrooms & wash stations for the event? •Yes Will there be fireworks? If yes, approval from the Fire Chief and Police Chief is •Yes required. Additional fee of $150.00 is required for Fire & Police Standby. 442 Main Street • P.O. Box 460 • Etna, CA 96027
p. 530467-5056 R. 530-467-3017

INSURANCE REQUIREMENTS
The Event Sponsor will obtain liability insurance with coverage no less than $1,000,000 which names and endorses the City as an additional insured party. A copy is due within 15 days of the event.

DEPOSIT REQUIREMENTS
The applicant may be required to submit to the City a cleaning/damage deposit of $200.00 per day for each scheduled day of the event. The deposit shall be refunded to applicant, if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. The City reserves the right to retain the entire deposit if clean up is not completed to the satisfaction of the City. Unless otherwise stated in the permit, the applicant shall be fully responsible for all necessary clean up associated with the permitted event to be completed within 12 hours after the conclusion of the event.

What other assistance do you foresee needing from the City (personnel, materials, and/or equipment)?

BINDING AGREEMENT
I have read understand this application and the requirements placed upon this applicant and organization. I agree to defend, indemnify, and hold harmless the City of Etna, its agents, representatives, officials, and employees, from and against any and all claims, damages, losses, and expenses relating to or alleged to have resulted from the acts, errors, mistakes or omissions of the applicant. I agree to abide by the City of Etna's regulations, laws and ordinances.

Authorized Signature: Date:
9/24/26

LIST OF FEES
$ $
$ $
$ $
Council Approval: Date:

Police Chief Approval: Date:

Fire Chief Approval: Date:

Public Works Director Approval: Date:

Deposit Amount: Deposit Amount Returned:

Notes:

OF

ANORPORATEO ETNA

STAFF REPORT
MINE 10, 100* ETNA CITY COUNCIL

OU COUN
To: City Council Members
From: E&S Engineers, Jose Hernnadez, Project Engineer
Date: September 28, 2026
Subject: R.B. Aldrich Construction Contract Change Order No. 1 RECOMMENDATION:

Approve requested Contract Change Order No. 1 from R.B. Aldrich Construction for $40,750.

DISCUSSION:

Pacific Power will not be able to complete their underground work prior to October 30, 2026. As a result, the reconstruction work on Main Street will not begin until November. Due to winter weather conditions, paving will not be allowed. The reconstruction work on Main Street will not begin until summer of 2027.

FINANCIAL IMPACT:
$40,750 in costs to cover re-mobilization, price increase of ¾" base rock of $5/ton, and a price increase of asphalt $20/ton.
429602.1

CITY OF ETNA
PO Box 460 - - - Etna, CA 96027
Main Street Rehabilitation Project
Contract Change Order No. 1
Date: August 4, 2026
Owner: City of Etna Contractor: R.B. Aldrich Construction PO Box 460 PO Box 927
Etna, CA 96027 Fort Jones, CA 96032
This Contract Change Order No. 1 (CCO#1) is made to modify the construction contract as follows:
i) Change in Work:
[1) Pacific Power will not be able to complete their underground work prior to October 30th, 2026.

This pushes the reconstruction work on Main Street into Novermber which due to winter conditions, paving work will not be allowed. The reconstruction work on Main Street will need to $40,750.00 be pushed into Summer of 2027. The additional costs are meant to cover Re-mobilization, a price increase of 3/4" base rock of $5/ton, and a price increase of asphalt of $20/ton.

Il) Change in Contract Price:

Total Net Adjustment of Contract Price $40,750.00
III) Adjustment of Contract Price:

Contract Price Prior to Change Order No. 1 $565,495.00
Net Change per this CCO#1 $40,750.00
Adjusted Contract Price $606,245.00
IV) Adjustment of Contract Time:

The contract time will be increased until July 31, 2027 per this change order.

Main Street Rehab Project - CCO# 1 Page 1

CITY OF ETNA
PO Box 460 - - - Etna, CA 96027
Main Street Rehabilitation Project
Contract Change Order No. 1
Requested & Accepted By:

Contractor: R.B. Aldrich Construction
Richard Aldrich 8/5/26
by: Date:

Recommended for Approval:

Engineer: Jose Hernnadez, RCE 90911, Project Engineer
8-5-2026
by: pore st Date:

Approved:

Owner: City of Etna
by: Date:

Main Street Rehab Project - CCO# 1 Page 2

MAIN STREET REHABILITATION PROJECT

CONSTRUCTION BUDGET
Construction Funds Awarded by STIP= $681,000.00
R.B. Aldrich Construction Bid= $565,495.00
E&S Estimated Construction Oversite Costs= $40,000.00
Funds Remaining= $75,505.00
Contract Change Order #1 (CCO#1)= $40,750.00
Funds Remaining After CCO#1= $34,755.00
OF
ПОКРОРАТО

STAFF REPORT
UNE 10, 150) ETNA CITY COUNCIL

YOU COUNS
To: City Council Members
From: Residents of Main Street, Etna, CA
Date: September 28, 2026
Subject: Request for Speed Bumps on Main Street
RECOMMENDATION:

Consider installing two speed bumps to address ongoing issues of excessive vehicle speeds on Main Street. Speed bump locations at the intersection of Main Street & Church Street, and in front of Melum residence.

DISCUSSION:

Review letter from residents of Main Street discussing concerns with the ongoing speeding creating persistent hazards.

FINANCIAL IMPACT:

Unknown at this time.
429602.1
September 2026
To: Mayor Munson and the Etna City Council
Re: Request for Speed Bumps on Main Street
Dear Mayor Munson and Members of the Etna City Council, We, the residents of Main Street in Etna, respectfully request that the City consider installing speed bumps to address the ongoing issue of excessive vehicle speeds along this corridor. Cars, trucks, and motorcycles frequently travel well above the posted limit, creating a persistent safety hazard for pedestrians, cyclists, pets, wildlife, and property.

During the recent paving project, traffic naturally slowed at the temporary dip in the roadway. This brief period of reduced speeds demonstrated how even a minor physical deterrent can significantly improve safety and quality of life for residents. With traffic volume increasing and enforcement limited, a more permanent solution is needed.

We believe that installing two speed bumps—one at the intersection of Main Street and Church Street, and another in front of the Melum residence would be a practical, low-cost measure to ensure drivers reduce their speed to a safe level.

Thank you for your time, attention, and consideration of this request.

Sincerely,
Residents of Main Street, Etna, CA
By signing below, residents affirm their support for the request submitted to the Etna City Council regarding the installation of speed bumps on Main Street to improve safety for pedestrians, cyclists, and animals.

Name Address Signature Date
Dennis Molum 530 mOW ST 9.24-
Sainy Melan 9241
538 ASt so shall 9-24
Megrick 434 main ff 9-14
usel Colen 625 main st bus alon 9-24
Kahleer C/sen 625 main stateful 924
123
Lea Vande Wate I main st Tea Val 9/24
9-24
616
Anthem y Schacter waguer way Hitle le 9-24
Nelyloodu delha 736mainst Stm 9/24
Jeanie Dickinson 1212 Saurpers Bar Rd. • Jeanie Deckinson 9-24 K.E. DicK, A350 1241 SAGYArS BARRA Kie. Dubinson
Garry Brose por mann it sany is 9/2f
808 MaiSt. Gruberce 9/24
p) sher 708 Men lt 9/24
Susan Aren 708 mani S Susan Sheen 9 24
OF E

A CORPORATE

ETNA CITY COUNCIL
JUNE 10,1904

OU COUNT
To: City Council Members
From: Charnna Gilmore
Date: September 25, 2026
Subject: Letter of Support for "The Plywood Palace: A Cool Haven for Scott Valley" RECOMMENDATION: Please consider providing attached letter of support for the Scott Valley Unified School District and Etna PAL grant application to Integrated Climate Adaptation and Resiliency Program (ICARP).

DISCUSSION:

FINANCIAL IMPACT: None to City of Etna
429602.1

CORPORATEN
City of Etna
September 28, 2026
Extreme Heat and Community Resilience Program Review Committee Integrated Climate Adaptation and Resiliency Program (ICARP) Governor's Office of Land Use and Climate Innovation
1400 Tenth St.

Sacramento, CA 95814
RE: Letter of Support for "The Plywood Palace: A Cool Haven for Scott Valley" Dear Extreme Heat and Community Resilience Program Review Committee:

On behalf of the City of Etna, I am pleased to express our strong support for The Plywood Palace: A Cool Haven for Scott Valley grant application, submitted by the Scott Valley Unified School District (SVUSD) in partnership with the Etna Police Activities League (Etna PAL) under Round 2 of the Extreme Heat and Community Resilience Program.

The City of Etna works to protect the health, safety, and well-being of our residents while providing essential public services and supporting a strong, resilient rural community. As extreme heat, wildfire smoke, drought, power outages, and other climate-related challenges increasingly affect Scott Valley, investments that provide safe and reliable community spaces are critical to protecting our residents, particularly youth, older adults, low-income households, and other vulnerable populations.

The City has full confidence in SVUSD and Etna PAL's ability to successfully implement this project.

SVUSD provides the institutional capacity, site control, facilities oversight, and fiscal management necessary to complete the proposed improvements, while Etna PAL brings strong community relationships, youth programming experience, and an important connection to local public safety.

Scott Valley is a geographically isolated rural community with limited access to facilities that can provide refuge during periods of extreme heat, wildfire smoke, and Public Safety Power Shutoff events. For Etna residents, traveling more than 30 miles to Yreka for services or emergency refuge is not a practical option for many families and vulnerable community members. Developing additional local capacity is therefore an important component of Etna and Scott Valley's long-term community resilience.

The proposed project would transform Etna High School's historic Plywood Palace gymnasium into a year-round Community Cooling and Clean Air Resilience Center. Improvements including a high- efficiency HVAC system, cool-roof retrofit, enhanced insulation, energy-efficient windows and doors, advanced indoor air filtration, an outdoor hydration station, and emergency backup power would provide a dependable community resource during extreme heat, wildfire smoke, power outages, and other emergency events.

This investment is particularly valuable because the Plywood Palace is already a familiar and important community gathering place. Improving an existing facility in the heart of Etna will provide 442 Main Street • P.O. Box 460 • Etna, CA 96027
P: 530-467-5256 • F: 530-467-3217
benefits well beyond emergency response by creating a safer, healthier, and more resilient space for students, families, recreation programs, community activities, and residents throughout Scott Valley.

The City of Etna looks forward to supporting this project through community outreach and by helping share information about the Cooling and Clean Air Resilience Center and its availability during extreme heat, wildfire smoke, and other emergency conditions. The City also recognizes the value of continued coordination among local government, the school district, Etna PAL, emergency responders, and community organizations to strengthen Scott Valley's overall emergency preparedness and climate resilience.

The City of Etna strongly supports this important investment in our community and respectfully encourages the Review Committee to fund the proposal. The Plywood Palace: A Cool Haven for Scott Valley will provide a tangible and lasting resource that protects public health, supports our youth and families, and strengthens the resilience of Etna and the greater Scott Valley community.

Sincerely,
Cliff Munson
Mayor
City of Etna
442 Main Street • P.O. Box 460 • Etna, CA 96027
P: 530-467-5256 • F: 530-467-3217
OF

A CORPORATED

STAFF REPORT
JUNE 10, 1905 ETNA CITY COUNCIL

OU COUNS
To: City Council Members
From: Charnna Gilmore/Park & Pool Grant Committee
Date: September 28, 2026
Subject: Presentation
RECOMMENDATION:

None.

DISCUSSION:

Presentation from Charnna Gilmore - Park & Pool Grant Committee.

FINANCIAL IMPACT:

None.
429602.1
OF

A CORPORATE

STAFF REPORT
UNE 10,1001 ETNA CITY COUNCIL

OU COUN
To: City Council Members
From: City Staff/Park & Pool Grant Committee
Date: September 28, 2026
Subject: Newsletter/Flyer to be Included in October Billing RECOMMENDATION:

Approve mailing flyer in October Billing discussing various city projects and an upcoming pool & park grant planning event taking place Saturday October 17h from 10:00 am to 12:00 pm.

DISCUSSION:

Review attached flyer to be mailed out with October 1st billing.

FINANCIAL IMPACT:

None.
429602.1
Investing in
City of Our Community
ETNA for a Stronger Tomorrow
KUNE 10.

SAFE WATER • VIBRANT STREETS • STRONGER TOGETHER
City of Etna Water System Improvement Project
Cleaner Water. A More Resilient Etna.

The City of Etna gets its water from Etna Creek, which is gravity fed into a water treatment plant at the edge of town.

The City is currently completing significant upgrades to the water system to improve security, enhance the
infiltration system, reduce sedimentation, and allow water to be filtered faster and more effectively.

This project complements a recent project that installed an additional water storage tank-bringing total tank
Cry of Ena
storage to 590 gallons-and installed Smart Meters
on all water connections in the city.

PROP

TE TIMBER
WORKS
Water Boards
State Water Rel
Yreka, California
Photos: City of Etna
Project Cost Engineering Contractor Estimated Completion Funding Support E&S Engineers & Surveyors, Inc. Timber Works June 2027 California Water Resources $7.5 million
Yreka, CA Mt. Shasta, CA Control Board & Prop 68
Downtown Paving & Underground Utilities Project
Smoother Streets. A Stronger Downtown.

Main Street, from Church to Callahan Way, is being
paved through a City of Etna project. As part of this
work, the City received financial credits from Pacific
Power, enough to start the process of putting all
powerlines underground in the downtown section.

This project will improve roadway conditions, enhance
safety and reliability, and create a cleaner, more vibrant downtown for residents, businesses, and visitors. 7
© Mel Fechter
Photo: Mel Fechter
Project Cost Location Funding Support Building a Safer, Main Street Pacific Power & State Transportation
$1 million (Church to Callahan Way) Improvement Program (STIP) More Vibrant Downtown COMMUNITY • RESILIENCE • OPPORTUNITY

CITY OF ETNA
OF E

CORPORATSD POOL & PARK

GRANT PLANNING
COMMUNITY SITE WALK + CONVERSATION

START AT THE POOL THEN MOVE TO THE PARK
SATURDAY, OCTOBER 17
10:00 AM - 12:00 PM

HELP SHAPE ETNA'S COMMUNITY GEMS
Join the City of Etna for an on-site conversation about the future of the City Pool and City Park. Your ideas will help guide grant applications, priorities, and future improvements.

MEET AT THE CITY POOL • WE'LL CONTINUE TO THE CITY PARK Community. Recreation. Connection.

Pool photo credit: Mel Fechter
OF
ETN

STAFF REPORT
JUNE 10,1905 ETNA CITY COUNCIL

YOU COUNT
To: City Council Members
From: City Staff & Council
Date: September 28, 2026
Subject: Rescinding Resolution 2026-010 Approving the Extension of Water & Wastewater Service to Residential Property Located Outside City Limits on APN 023-100-130 RECOMMENDATION:

Approve rescinding Resolution 2026-010 - A Resolution of the City Council of the City of Etna Approving the Extension of Water and Wastewater Service to Residential Property Located Outside of City Limits on APN 023-100-130.

DISCUSSION:

The City Council has determined that it is appropriate to rescind Resolution 2026-010 and withdraw the City's approval of the Out of Area Service Agreement. The rescission of Resolution 2026-010 is intended to terminate the City's authorization of the extension of water and wastewater service to the property identified as APN 023-100-130. The City Council finds that rescinding Resolution 2026-010 is in the best interests of the City of Etna.

Resolution 2026-010 is attached.

FINANCIAL IMPACT:

None.
429602.1
9/25/26, 9:54 AM california rescission statute for resolutions for a public entity - Google Search Al Mode All News Forums Shopping Images Videos More - Tools - • Al Overview
There is no single, overarching "rescission statute" in California law that dictates how a public entity must rescind a standard internal resolution. Instead, public City of San Diego (gov) :
agencies possess the inherent legislative authority under California common law to THE CITY ATTORNEY - docs amend, repeal, or rescind their own previous resolutions, provided that a contract has not or 13, 2006 - CONCLUSION The City Council approv e resolution indemnifying SCERS board members at :
been executed and no vested rights have attached to protect the underlying action. © City of San Diego (.gov) +2
• Justia Law
When a public entity seeks to rescind a prior resolution, it must navigate a combination of 2007 California Code of Civil Procedure Article 2. constitutional principles, open meeting regulations, and specific statutory exceptions: : Resolution... (c) A public entity may commence an eminent domain
proceeding or rescind a resolution of necessity as a..

1. The Vested Rights Limitation
Mr. Tyson & Mendes :

Under California common law, a governing body can rescind a previously adopted Use It or Lose It: Owners of
resolution at any time unless an individual or entity has acquired a vested right based on Condemned Property Have an... that resolution. For example, if a resolution authorized a contract and that contract was Under the California Constitution, a public legally finalized, the agency cannot unilaterally rescind the resolution to escape its entity may only condemn private property... contractual obligations without risking a breach of contract claim. © Practical Law +1 Show all

2. Procedural Compliance (The Brown Act)
Any official action to rescind a resolution must comply with open-meeting laws. Under the Ralph M. Brown Act (California Government Code § 54950 et seq.), the public entity must properly agendize, notice, and vote on the rescission in an open, public session. E FindLaw

3. Parliamentary Procedures
Public entities typically adopt formal parliamentary authorities (such as Robert's Rules of Order) via local bylaws or resolutions. To rescind something previously adopted, these rules generally require: → Dummies +1
Ask anything
+
rules for specific, high-stakes public resolutions:
• Resolutions of Necessity (Eminent Domain): Under California Code of Civil Procedure § 1245.260, a public entity holds a statutory right to rescind a resolution of necessity at any time before a property owner files an inverse condemnation lawsuit. Justia Law +1
• Brown Act Legal Commitments: Under California Government Code § 54960.2, if a legislative body passes a formal commitment to refrain from repeating a past open- meeting violation, it may rescind that commitment only by a majority vote in an open session after providing a 30-day notice to interested parties. - FindLaw If you are dealing with a specific scenario, please share:
• The subject matter of the resolution (e.g., real estate, zoning, internal policy, or amnlnumant)
Google P
https://www.google.com/search?q=california+rescission+statute+for+resolutions+for+a+public+entity&biw=1920&bih=911&sca_esv=fac01c4ba4c5f10b.. 1/3 OF
RESOLUTION NO. 2026-010

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ETNA

APPROVING THE EXTENSION OF WATER AND WASTEWATER SERVICE TO RESIDENTIAL PROPERTY LOCATED OUTSIDE CITY LIMITS ON APN 023-100-130 WHEREAS, the City of Etna has received a landowner petition from Jeff Blaney to extend water and wastewater service to unincorporated property at APN 023-100-130; and WHEREAS, the property is zoned for single-family residential use and is proposed for development with a single-family dwelling; and
WHEREAS, in contracting for city water and wastewater service, the property owner would be obligated to all terms and conditions in the City of Etna Municipal Code applicable to the provision of the service, including service rate fees; and WHEREAS, the property owner will be responsible for the cost of all improvements, including construction and installation; and
WHEREAS, the City of Etna has adequate water and wastewater capacity to serve the property for which the services are requested without negatively impacting services to its existing customers; and
WHEREAS, the Siskiyou Local Agency Formation Commission (LAFCo) is the lead agency for the project pursuant to the California Environmental Quality Act (CEQA) and the City of Etna is a responsible agency; and
WHEREAS, the City Council has determined independently and in consultation with Siskiyou LAFCo that the extension of water and wastewater service to APN 023-100-130 is ministerial and would not have a significant impact on the environment and is therefore exempt from CEQA pursuant to Sections 15268(b)(4), 15300.1, 15061(b)(3) of the CEQA Guidelines; and WHEREAS, on June 22, 2026, the City of Etna City Council considered Mr. Blaney's request to extend water and wastewater service to APN 023-100-130 prior to reaching its decision.

NOW, THEREFORE BE IT RESOLVED that the City of Etna City Council does hereby approve the request to extend water and wastewater service to APN 023-100-130.

BE IT FURTHER RESOLVED that the City of Etna City Council requests approval of an out of areas service agreement from Siskiyou LAFCo so that it may extend water and wastewater service to APN 023-100-130.

IT IS HEREBY CERTIFIED that the foregoing Resolution 2026-010 was duly adopted on a motion by Deppen _ and seconded by StacheR at a regular meeting of the City of Etna City Council held on the 22nd day of June 2026, by the following vote:

AYES: Deppen, Eastick, Fawaz, Stacher
NOES:

ABSENT: Munson
ABSTAIN: Ø

CITY OF ETNA CITY COUNCIL
Brandon Fawaz, Mayor Pro Tem
WITNESS, my hand and seal this 22d day of June 2026
tamela Eastlick
Pamela Eastlick, City Clerk
RESOLUTION NO. 2026-04

SISKIYOU COUNTY LOCAL AGENCY FORMATION COMMISSION

A RESOLUTION OF THE SISKIYOU COUNTY LOCAL AGENCY FORMATION

COMMISSION DETERMINING THE PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AND CONDITIONALLY APPROVING THE BLANEY / CITY OF ETNA OUT-OF-AREA SERVICE AGREEMENT (LAF-26-02)
WHEREAS, Government Code section 56133 requires a city or district to obtain written approval from the local agency formation commission before providing new or extended services outside its jurisdictional boundaries; and
WHEREAS, the City of Etna requests approval to extend water and wastewater service to APN 023-100-130 for construction of one single-family dwelling; and WHEREAS, the approximately 21.23-acre property is vacant, located adjacent to the Etna city limits, and within the City's sphere of influence; and WHEREAS, on June 22, 2026, the Etna City Council adopted Resolution No. 2026-010 approving the requested extension of water and wastewater service and requesting LAFCO approval; and
WHEREAS, the City determined that it has adequate capacity to serve the property without negatively affecting existing customers; and
WHEREAS, the Executive Officer could not make all findings required for administrative approval, and the application was therefore referred to the Commission; and WHEREAS, the Commission considered the application, staff report, City correspondence, and other information in the record at its regular meeting on September 8, 2026; and WHEREAS, the Commission finds that the conditions imposed by this resolution are necessary to ensure consistency with LAFCO's policies regarding service extensions in anticipation of annexation; and :

WHEREAS, the project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15301(b) and 15303(a) and is also exempt pursuant to section 15061(b)(3).

NOW, THEREFORE, BE IT RESOLVED that the Siskiyou County Local Agency Formation Commission:

1. Determines that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15301(b), 15303(a), and 15061(b)(3).

LAFCO RESOLUTION NO. 2026-04
Blaney / City of Etna Out-of-Area Service Agreement (LAF-26-02) Page 006

2. Approves the Blaney / City of Etna Out-of-Area Service Agreement (LAF-26-02). subject to the following conditions:
a. The City's service agreement shall require an annexation application to be submitted to LAFCO within two years of the Commission's approval. b. Before service is extended, a notice shall be recorded against the property stating that, if the City does not submit an annexation application, the property owner must submit the application within two years of the Commission's approval.
c. The property owner shall sign and submit the annexation waiver.

IT IS HEREBY CERTIFIED that the foregoing Resolution No. 2026-04 was duly adopted on a motion by Commissioner Valenzuela _. seconded by
Commissioner At-Large Alternant Cook _, at a regular meeting of the Siskiyou County Local Agency Formation Commission held on September 8, 2026, by the following vote:

AYES: Commissioners Ogren, Valenzuela, Chair Baker, At-Large Alternant Cook NOES:

ABSENT: Commissioners Mazzoni
ABSTAIN: LakenBaped
Colleen Baker, Chair
Attest:

Hailey Land, Executive Officer
LAFCO RESOLUTION NO. 2026-04
Blaney / City of Etna Out-of-Area Service Agreement (LAF-26-02) Page 007 Pamela Eastlick
From: Richard Tinsman < [email protected]>
Sent: Thursday, September 24, 2026 3:31 PM
To: Pamela Eastlick
Subject: Fwd: Out of area services agreement
Hi Pam,
I'm forwarding along an email I received from Jeff Blaney on Tuesday. I apologize for not sharing it sooner.

I thought Jeff had replied to everyone in my earlier email but / was mistaken. - Rico
Begin forwarded message:

From: [email protected]
Date: September 22, 2026 at 2:50:51 PM PDT
To: [email protected]
Subject: RE: Out of area services agreement
Hi Rico,
I do not have an attorney. I will wait for the new city attorney. I hope it is soon.

This is disappointing and frustrating and does not seem fair.

First, I am told that maybe the city will approve me for water and sewer.

The county says that is fine with them and should not be a problem.

The city approves the water and sewer. I am thankful and I think l am set.

Then the county says they are recommending that I not be allowed to have it. They say I should drill a well while I can.

I then start the well drilling progress. I get a well with what seems like good initial water and flow rate. It has not been completed with a pump or tested for water quality or duration or seasonality of flow. That is a lot more money.

My next-door neighbor who bought a 5 acre sliver off of my original property said he was unable to get a well that was satisfactory over time and so he then went through a three year annexation process so he could get city water and sewer. 1 Then the county changed their mind and says I can get the city water with conditions and I am fine with the conditions. So I stop the well development. I am thankful and think l am set.

And now maybe the city is considering they may no longer want me to get city water and sewer because I may have a well with unknown properties.

I want the dependability of the city water and sewer before I invest $500,000 or more in building a home for my family on the property. I want the home yesterday and not dragged out for years.

I hope you can help me through this process. So please keep me updated on the status.

Thank you,
Jeff
From: [email protected] <[email protected]>
Sent: Tuesday, September 22, 2026 11:31 AM
To: [email protected]; Pamela Eastlick <[email protected]>; Jenny Bennett <[email protected]>; Dan Burbank <[email protected]> Subject: Re: Out of area services agreement
Good morning Jeff,
The agreement should be drafted by the city attorney once they're hired. Alternatively, if you or your attorney prepare it, the City will likely wait until the agreement has been reviewed by the City's new attorney prior to signature. The timing of the city attorney's departure is unfortunate.

Please note, l've learned that because a productive well was subsequently developed on the property, there's now pushback re: the City Council's approval to extend service.

Further, the Council may be scheduling this for a future agenda so that they can revisit their approval. While I'm hoping that the water connection alone is the issue, I'm still waiting to learn more. Once I have further information to share, I will let you know.

Thank you.
- Rico
From: [email protected] <[email protected]>
Date: Monday, September 21, 2026 at 2:04 PM
To: [email protected] <[email protected]>
Subject: RE: Out of area services agreement
Hi Rico,
2 I contacted the City to follow up on whether I needed a deposit. They said they did not have a city attorney and were in the process of getting one. And that I should contact you. I am not sure we need an attorney according to Lafco. Instead, maybe just a statement signed by both parties to what Lafco requested is all that is needed.

Thank you,
Jeff
From: [email protected] <[email protected]>
Sent: Friday, September 11, 2026 9:48 AM
To: [email protected]
Subject: FW: Out of area services agreement
Good morning Jeff,
For some reason your address dropped off the email below when I sent it yesterday. I have no idea how or why, but I'm glad I caught this morning.

See below.

Thank you.
- Rico
From: [email protected] <[email protected]>
Date: Thursday, September 10, 2026 at 5:40 PM
To:

Cc: Pamela Eastlick <[email protected]>; Jenny Bennett <[email protected]> Subject: Out of area services agreement
Hi Jeff,
I received the signed LAFCo resolution from James today. A copy is attached for your records in case you haven't yet received it.

As you hopefully know by now, the City's out of area services request was approved by LAFCo subject to the following conditions:

1. The City's service agreement shall require an annexation application to be submitted to LAFCO within two years of the Commission's approval.

1. Before service is extended, a notice shall be recorded against the property stating that, if the City does not submit an annexation application, the property owner must submit the application within two years of the Commission's approval.

1. The property owner shall sign and submit the annexation waiver. 3 I don't know if James has already reached out to you regarding the notice to be recorded against the title and the annexation waiver but please get in touch with him if not. The City or I will contact the City Attorney about drafting an agreement re: submittal of an annexation application within the next two years. As previously discussed, you will be responsible for the City's cost for preparing the agreement. Please verify with Pam or Jenny at City Hall whether the City will require a deposit in advance of that work.

If you have any questions in the interim, please feel fee to get in touch.

Thank you.
- Rico
Richard Tinsman - Contract City Planner - 530.925.6250

CORPORT NE AORPORATES
CA
City of Etna
Agenda Request
Date of Meeting: 09/28/2026
Spokesperson(s): Kyle Peterson on behalf of Patricia Peterson Is this for Discussion • or are you requesting an Action E Subject/Request: Appeal of Penalty Charges and Request for Review of Billing Practice Please provide a description of the request and attach supporting documentation:

The City appears to be charging a new 10% penalty each month on utility bills that have already been penalized, rather than assessing the penalty only once when each bill becomes delinquent. This practice appears inconsistent with Etna Municipal Code section 13.08.070, which authorizes a 10% penalty after notice but does not expressly authorize successive 10% penalties on the same charges. Nor does the practice appear to comply with Government Code section 54348, part of the Revenue Bond Law of 1941, which distinguishes an initial penalty of up to 10% from an additional monthly penalty of no more than 0.5%.

This Agenda Request is an appeal and seeks correction of Patricia Peterson's account and an investigation into whether the same billing practice has resulted in overcharges to other residents.

Pursuant to Etna Municipal Code section 13.08.070, the appeal must be heard at the next immediately succeeding City Council meeting, September 28, 2026. Accordingly, this request seeks placement of the appeal on that meeting's agenda.

Will there be a financial impact to the City? E Yes • No If Yes, $ Unknown Will this require a budget increase? • Yes • No Account:

Please describe:

The fiscal impact is presently unknown. Correcting any unauthorized penalties may require account adjustments, credits, or refunds to affected customers. The City may also incur administrative costs to review its billing records and correct its billing procedures.

NOTE: Agenda requests must be received no less than four working days before the date of meeting. Return this form and supporting documentation to address below. 442 Main Street • P.O. Box 460 • Etna, CA 96027
P: 530-467-5256 • F: 530-467-3217
Kyle W. Peterson
Attorney at Law, SBN 330882
591 #B Collier Way | P.O. Box 672 | Etna, California 96027 Tel: (530) 467-4130 | Email: [email protected]

VIA HAND DELIVERY AND EMAIL
September 21, 2026
Pamela Eastlick, City Clerk
City of Etna
442 Main Street
Etna, CA 96027
Re: Patricia Peterson, Account No. 0004-29900
Formal Appeal of Utility Charges; Request for Recalculation, Amortization, and Investigation of Potential Citywide Overcharges
Dear Ms. Eastlick:

I represent Patricia Peterson concerning her utility account at 384 Center Street, Etna. I write in response to the City's September 10, 2026 shutoff notice. This letter constitutes a formal appeal of the charges assessed against her account under Etna Municipal Code section 13.08.070. I also request an amortized payment arrangement and confirmation that her water service will remain connected while this appeal is pending.

I. THE DISPUTED ACCOUNT BALANCE
My review of the City's account history has revealed a serious problem with its method of calculating delinquency penalties. The City repeatedly imposes a 10% penalty on accumulated unpaid utility charges, including charges that were already subjected to a 10% penalty in previous months. As a result, my client's balance has increased substantially despite her having made significant payments.

The City's account history reflects an outstanding balance of $2,156.86 as of September 2, 2026.

The shutoff notice demands $1,980.07, which was the balance before the City posted the September 2026 bill of $176.79. My client's January 27, 2025 payment of $467.80 reduced her balance to exactly $0.00, so the entire disputed balance arose after that date.

Since February 2025, my client has paid $2,208. Of that amount, the City allocated $1,383.68 to penalties and only $824.32 to actual utility charges. Because the City applies each payment to accumulated penalties first, the underlying utility charges remain unpaid and are penalized again each month. The account history shows that each monthly penalty equals 10% of all unpaid utility charges on the account, not 10% of that month's delinquent bill. Since February 2025, the City has assessed $1,732.87 in penalties against $2,631.99 in utility charges.

Pamela Eastlick, Etna City Clerk
September 21, 2026
I have reconstructed the account, applying payments first to legitimate utility charges and allowing no more than one properly assessed 10% penalty on each delinquent monthly bill. The enclosed spreadsheet identifies a recalculated balance of $661.58, rather than $2,156.86, a difference of $1,495.28.

As a good-faith effort toward settlement of the account, I enclose a cash payment of $50.00 toward the outstanding utility charges. Pursuant to Civil Code section 1479, my client directs that this payment be applied to those charges, rather than to the disputed penalties. Please provide a receipt confirming its application. If the City accepts the enclosed reconstruction of the billing and applies this payment as directed, the remaining balance will be $611.58, subject to subsequent legitimate charges. The partial payment is tendered without waiver of my client's objections to the disputed balance.

II. THE CITY'S REPEATED PENALTIES LACK IDENTIFIED LEGAL

AUTHORITY
The legal problem is straightforward. A general-law city that provides utility services itself "is governed in this respect by the provisions of the Revenue Bond Law of 1941 (Gov. Code, § 54300 et seq.)." (Perez v. City of San Bruno (1980) 27 Cal.3d 875, 886.) Within that scheme, "Section 54348 provides for the imposition of penalties for nonpayment." (Id. at p. 887) Section 54348 authorizes a basic penalty of not more than 10 percent for nonpayment of the charges within the time and in the manner prescribed, and in addition a penalty of not exceeding one-half of 1 percent per month for nonpayment of the charges and basic penalty. The statute thus distinguishes a one- time basic penalty for failing to pay a charge when due from a limited continuing penalty for charges that remain unpaid. It does not authorize imposing the basic 10% penalty again on the same charges each month.

Etna Municipal Code section 13.08.070 is consistent with section 54348. It provides that water charges are due on the first day of each month "and shall become delinquent on the twentieth day of such month." A 10% penalty is added only "Filf such rates, charges and bills are not paid on or before the twentieth day of such month." (EMC, § 13.08.070, subd. (A).) The triggering event is the failure to pay a particular month's charges by the twentieth of that month. That event occurs once. An April bill does not again become unpaid "on or before the twentieth day of such month" when May arrives.

The rest of the chapter confirms this reading. The required delinquency notice warns that "a penalty of 10 percent will be added" (§ 13.08.070, subd. (B)), and section 13.08.080 refers to "the 10 Kyle W. Peterson, Attorney at Law | SBN 330882
591 B Collier Way | P.O. Box 672 | Etna, California 96027 (530) 467-4130 | [email protected]

Pamela Eastlick, Etna City Clerk
September 21, 2026
percent penalty provided for in this chapter," in the singular. Nothing in the chapter provides for a recurring or continuing penalty of any amount.

In Waterman Convalescent Hospital, Inc. v. Jurupa Community Services District (1996) 53 Cal.App.4th 1550, 1553-1557, the Court of Appeal rejected a water district's practice of generating successive 10% basic penalties through its treatment of accumulated balances and application of payments.
"The difficulty with the District's argument is that the statute authorizes a basic penalty for late payments (nonpayment within the time specified for payment), but not a basic penalty for partially unpaid monthly account balances." Id. at pp. 1553-1554 [original italics] Although Waterman involved a community services district, the statute it construed, former Government Code section 61621, authorized a basic penalty and continuing penalty in terms materially identical to section 54348. (Waterman, supra, 53 Cal.App.4th at pp. 1552-1553.) The Supreme Court in Perez treated section 61621 as comparable to the Revenue Bond Law's collection provisions. (27 Cal.3d at pp. 887-888, fns. 8, 9.) The City may respond that, unlike the district in Waterman, it does not charge penalties on penalties. That distinction does not help it. Waterman did not turn on what the repeated penalty was calculated on. It turned on why a basic penalty may be imposed at all: for late payment, not for an unpaid account balance. (53 Cal.App.4th at pp. 1553-1554.) The court also held that permitting repeated basic penalties would render the continuing one-half-percent penalty meaningless. (Id. at p. 1554.) Both points apply equally when the City re-penalizes the same unpaid utility charges each month. "Penalties and forfeitures are not favored by the courts, and statutes imposing penalties or creating forfeitures must be strictly construed." (Id. at p. 1556, quoting Schuhart v. Pinguelo (1991) 230 Cal.App.3d 1599, 1610.) Nor does the corrected balance depend on the order in which payments are applied. Even applying each of Ms. Peterson's payments to the oldest outstanding item first, penalties included, the corrected balance is $669.50. That is the method Waterman permits (53 Cal.App.4th at p. 1555).

The recalculated balance does not include a penalty on the September 2026 bill, which became delinquent on September 21. A single 10% penalty on that bill would be $17.68.

Thus, without any apparent authority, Etna repeatedly charges 10% each month on accumulated unpaid utility bills, rather than a one-time 10% penalty, as contemplated by Government Code section 54348, causing customers' debts to grow despite their payments. While section 54348 does authorize an additional 0.5% on unpaid amounts, Etna's Municipal Code does not. Accordingly, the City may impose no penalty beyond a single 10% penalty on each month's charges that were Kyle W. Peterson, Attorney at Law | SBN 330882
591 B Collier Way | P.O. Box 672 | Etna, California 96027 (530) 467-4130 | [email protected]

Pamela Eastlick, Etna City Clerk
September 21, 2026
not paid when due. A 10% penalty imposed every month on the same arrears amounts to roughly 120% per year. The continuing penalty section 54348 permits, which Etna has not adopted, is capped at 6% per year (12 months × 0.5%).

I recognize that Government Code section 54302 preserves powers conferred by other laws and that separate statutory provisions may govern sewer charges. However, I have identified no applicable provision authorizing the recurring 10% assessments reflected in my client's account. I also question whether the City's escalating penalties bear any reasonable relationship to the losses associated with late payment. A legislative scheme that "exacts a penalty which may be deemed oppressive in light of the legitimate objectives sought to be achieved" may violate due process. (Perez, supra, 27 Cal.3d at p. 893) Further, the City applies the 10% penalty to sewer charges, although section 13.08.070's penalty provision refers only to charges for water service.

If the City relies on another statute, ordinance, or resolution, I request that it identify that authority and explain its application.

Separately, section 13.08.070 permits a penalty only "after delivery of notice of delinquency," and subdivision (B) requires a written notice warning that a 10% penalty will be added if the charges are not paid within 10 days. Please provide copies of each written delinquency notice the City delivered to my client before imposing each penalty reflected in the account history. Any penalty imposed without the required prior notice is invalid on that ground alone.

III. POTENTIAL CITYWIDE OVERCHARGES REQUIRE INVESTIGATION The consistent manner in which these penalties were assessed strongly suggests that they result from the City's standard utility billing procedures rather than a calculation unique to my client. If the same methodology is used for other delinquent accounts, the City likely has been systematically overcharging its residents for an undetermined period; quite likely for years.

The potential consequences are substantial. Residents making partial payments may have had significant portions of those payments applied to unauthorized penalties, leaving legitimate utility charges outstanding and generating further penalties. Some residents may have paid inflated balances in full, entered payment arrangements based on improperly calculated debts, or faced disconnection because they could not pay amounts that were not lawfully owed.

My client's account illustrates the potential magnitude of the problem. Of the $2,156.86 claimed by the City, $1,495.28 is disputed under the enclosed reconstruction. If the same billing methodology has been used throughout the City's utility system, the aggregate overcharges could Kyle W. Peterson, Attorney at Law | SBN 330882
591 B Collier Way | P.O. Box 672 | Etna, California 96027 (530) 467-4130 | [email protected]

Pamela Eastlick, Etna City Clerk
September 21, 2026
be significant. The number of affected customers, the duration of the practice, and the total amount potentially collected without proper authority are presently unknown.

This warrants more than an adjustment to one customer's account. In fact, I request that the City promptly investigate its billing procedures, determine whether the same penalty calculations have been applied to other accounts, and establish how long the practice has been in effect. If unauthorized assessments are confirmed, the City should identify affected customers, correct their accounts, and establish an appropriate process for providing credits or refunds, including to former customers.

I further request that the City preserve its historical billing records, payment-allocation records, penalty calculation settings, and related billing procedures. Pending its investigation, the City should suspend the disputed recurring penalty assessments to prevent additional potential overcharges. To preserve her right to a refund of penalties already paid, my client will separately present a claim under Government Code section 910 et seq. This appeal does not waive that claim.

Given the possible citywide implications, I request that this matter be brought promptly to the attention of the City Council and City Attorney. I do not suggest that the City deliberately overcharged its residents. The records nevertheless raise a serious question about whether its standard billing practices conform to governing law.

IV. INCOME-BASED INTEREST WAIVER AND PAYMENT ARRANGEMENT My client also qualifies for statutory protections based on her income. Her household income is below 200% of the federal poverty level, as confirmed by her enclosed declaration. Pursuant to Health and Safety Code section 116914, I request the waiver of applicable interest charges on her delinquent account. To the extent the City has assessed interest, it should identify those charges and apply the statutory waiver. This request is separate from her challenge to the recurring 10% penalties, which the City characterizes as penalties rather than interest.

My client intends to pay the properly calculated balance. Health and Safety Code section 116906 requires a covered water system's written discontinuation policy to include plans for deferred or reduced payments and alternative payment schedules. The City's September 10 notice likewise states that "the city offers payment plan options to customers." Accordingly, I request an agreement permitting my client to repay the corrected balance over 12 months, without further interest or penalties while she complies with the agreement. Current utility charges will be paid Kyle W. Peterson, Attorney at Law | SBN 330882
591 B Collier Way | P.O. Box 672 | Etna, California 96027 (530) 467-4130 | [email protected]

Pamela Eastlick, Etna City Clerk
September 21, 2026
separately as they become due. Neither the enclosed payment nor the request for amortization constitutes acceptance of the disputed balance or a waiver of this appeal.

V. REQUEST TO MAINTAIN WATER SERVICE PENDING APPEAL
This appeal is delivered to the City Clerk within the 10-day period provided by section 13.08.070, subdivision (C). Under the City's own ordinance, water service may be disconnected only after the council has considered the appeal and ruled on it. (EMC, §$ 13.08.070, subds. (C)-(D), 13.08.080.) Health and Safety Code section 116908 likewise prohibits discontinuing residential service while the customer's dispute or appeal is pending. Because "California law does not permit the termination of utility service to a customer without good cause," a customer disputing a bill is entitled to meaningful review before termination. (Perez, supra, 27 Cal.3d at p. 894, citing Memphis Light, Gas & Water Div. v. Craft (1978) 436 U.S. 1.) I therefore request immediate written confirmation that the City has accepted this appeal and that my client's water service will remain connected while it is pending. My client or I will appear at the next meeting of the City Council as section 13.08.070, subdivision (C), requires.

Please confirm the date of the City Council meeting at which this appeal will be heard and provide a proposed payment arrangement before the September 23 deadline identified in the shutoff notice.

My immediate objective is to correct my client's account and ensure that her water service is maintained. However, the apparent scope of the billing problem also requires the City to determine whether other residents have been affected and, if so, to correct their accounts as well.

I look forward to your prompt response.

Sincerely,
Kyle W. literion
Kyle W. Peterson
Attorney for Patricia Peterson
Enclosures:

1. Cash payment of $50 (with hand-delivered letter)

2. Peterson Accounting of Recalculated Charges
Kyle W. Peterson, Attorney at Law | SBN 330882
591 B Collier Way | P.O. Box 672 | Etna, California 96027 (530) 467-4130 | [email protected]

Pamela Eastlick, Etna City Clerk
September 21, 2026

3. City of Etna Account History

4. Waterman Convalescent Hospital, Inc. v. Jurupa Community Services District (1996) 53 Cal.App.4th 1550

5. Declaration of Patricia Peterson

6. Perez v. City of San Bruno (1980) 27 Cal.3d 875
cc: Etna City Council; City Attorney
Kyle W. Peterson, Attorney at Law | SBN 330882
591 B Collier Way | P.O. Box 672 | Etna, California 96027 (530) 467-4130 | [email protected]

Pamela Eastlick, Etna City Clerk
September 21, 2026

DECLARATION OF PATRICIA PETERSON
1, Patricia Peterson, declare:

1. I am the customer of record for City of Etna utility account number 0004-29900, serving 384 Center Street, Etna, California.

2. My household's annual income is below 200% of the federal poverty level.

3. I request the waiver of interest charges provided by Health and Safety Code section 116914.

4. I authorize my attorney, Kyle W. Peterson, to submit and pursue the accompanying appeal of my utility bill on my behalf. I join in that appeal and request that my water service remain connected while it is pending.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
09/21/2026
Executed on , 2026, at Etna, California.

Patricia Peterson
Patricia Peterson (Sep 21, 2026 08:36:35 PDT)
Patricia Peterson
Kyle W. Peterson, Attorney at Law | SBN 330882
591 B Collier Way | P.O. Box 672 | Etna, California 96027 (530) 467-4130 | [email protected]
Peterson Accounting of
Recalculated Charges
384 Center Street - Contested Water Charges
Patricia Peterson | City of Etna | Ledger through September 2, 2026

1. CITY SAYS PATRICIA PETERSON OWES $2,156.86

2. RECALCULATED AMOUNT $661.58

3. AMOUNT TO IN DISPUTE $1,495.28

REASONS FOR RECALCULATION
All original water / utility bills $2,631.99
Less money Patricia Peterson already paid $2,208.00
Original charges still unpaid $423.99
Add ONE 10% fee per late bill (see Month by Month) $237.59 RECALCULATED TOTAL $661.58
HOW WERE PAYMENTS APPLIED?
Amount actually paid by Patricia Peterson $2,208.00
Amount City applied toward penalties $1,383.68
Amount City applied toward utility charges $824.32
In recalculated amount, the full $2,208 goes toward utility bills first. That leaves fewer bills unpaid and prevents repeated 10% charges on older unpaid bills.

ONE EXAMPLE: MAY 2026
Older unpaid bills before May $418.81
New May utility bill $106.41
Patricia Peterson paid BEFORE May's fee $498.00
Amount of May bill still unpaid after payment $27.22
City's May fee $120.10
Recalculated One-time May fee $2.72
May fee amount challenged $117.38
Fee rate used 10%
384 Center Street - Payment History: Etna City Charges vs. Amount Alleged Owed Read across a row. The city's 10% fee is column D. The hypothetical one-time fee is column E. The difference to question is column F. Columns G-I show the effect on the whole account.

Yellow - City ledger or bill inputs. Green = alleged alternative. Peach = disputed difference. The last column explains how much of a NEW bill was still unpaid when that month's fee was charged.

New bill unpaid at fee
CITY'S 10% 1-TIME FEE OF FEE Monthly Balance
Month New utility bill Peterson Paid Rebuilt balance Total gap date with 1-time 10% FEE 10% DIFFERENCE City Charged
Charge
02/2025 $126.78 $0.00 $12.68 $12.68 $0.00 $139.46 $139.46 $0.00 $126.78 03/2025 $97.51 $0.00 $22.43 $9.75 $12.68 $259.40 $246.72 $12.68 $97.51 04/2025 $112.73 $0.00 $33.70 $11.27 $22.43 $405.83 $370.72 $35.11 $112.73 05/2025 $106.13 $0.00 $44.31 $10.61 $33.70 $556.27 $487.46 $68.81 $106.13 06/2025 $142.15 $0.00 $58.54 $14.22 $44.32 $756.96 $643.83 S113.13 S142.15 07/2025 $304.93 $400.00 $66.18 $30.49 $35.69 $728.07 $579.25 $148.82 $304.93 08/2025 $150.43 $0.00 $81.24 $15.04 $66.20 $959.74 $744.72 $215.02 $150.43 09/2025 $121.20 $0.00 $93.35 $12.12 $81.23 $1,174.29 $878.04 $296.25 $121.20 10/2025 $126.53 $500.00 $80.09 $12.65 $67.44 $880.91 $517.22 $363.69 $126.53 11/2025 $106.56 $0.00 $90.75 $10.66 $80.09 $1.078.22 $634 44 $443.78 $106.56 12/2025 $104.23 $0.00 $101.17 $10.42 $90.75 $1,283.62 $749.09 $534.53 $104.23 01/2026 $98.50 $0.00 $111.02 $9.85 $101.17 S1.493.14 $857.44 $635.70. $98.50 02/2026 $109.93 $300.00 $122.00 $10.99 $111 01 $1.425.07 $678.36 $746.71 $109.93 03/2026 $100.83 $300.00 $122.59 $10.08 $112.51 $1,348.49 $489.27 $859.22 $100.83 04/2026 $110.37 $0.00 $133.63 $11.04 $122.59 $1,592.49 $610.68 $981.81 $110.37 05/2026 $106 41. $498.00 $120.10 $2.72 $117.38 $1,321.00 $221.81 $1,099.19 $27.22 06/2026 $115.37 $0.00 $131.63 $11.54 $120.09 $1,568.00 $348.72 $1.219.28 $115.37 07/2026 $127.28 $0.00 $144 36 $12.73 $13163 $1.839.64 $488.73 $1,350.91 $127.28 08/2026 $187.33 $210.00 $163.10 $18.73 $144.37 $1.980.07 $484,79 $1.495.28 $187.33 09/2026 $176.79 $0.00 $0.00 $0.00 $0.00 $2,156.86 $661.58 $1.495.28 $0.00 TOTAL / END S2.631.99 S2.208.00 S1 732.87 $237.59 S1. 195.28 S2.156.86 S661.58 S1.195.28 Payments made by Patricia Peterson and how they were applied by City of Etna These are all six payments after the account reached zero in January 2025. The City applied a large part to old penalties. The comparison puts the same payment amounts toward original utility bills first.

Paid on Month PETERSON PAID City to penalties City to bills Our plan to bills Amount redirected Jul 16. 2025 07/2025 $400.00 $171.66 $228.34 $400.00 $171.66 Oct 17, 2025 10/2025 $500.00 $240.77 $259.23 $500.00 $240.77 Feb 4, 2026 02/2026 $300.00 $300.00 $0.00 $300.00 $300.00 Mar 5. 2026 03/2026 $300.00 $205.03 $94.97 $300.00 $205.03 May 15, 2026 05/2026 $498.00 $256.22 $241.78 $498.00 $256.22 Aug 7, 2026 08/2026 $210.00 $210.00 $0.00 $210.00 $210.00 TOTAL $2,208.00 $1,383.68 $824.32 $2,208.00 $1,383.68
Example: Patricia Peterson paid S300 in February 2026 and $210 in August 2026. The City's records show that all S510 went to penalties, not to the original utility bills.

NOTES: WHERE THE NUMBERS COME FROM

THE DOCUMENTS
Source Document Where What it supports Extra
Bills, payments, 10% penalties, Statement printed Sep. 14, City account history Peterson UB.pdf pp. 6-10 running balances 2026 10% delinquency language; requires
Water ordinance Etna Water Code.pdf § 13.08.070, pp. 2-3 notice https://ecode360.com/ET4432 Sep. 10 warning / Sep. 23 plan
Shutoff notice Water Shutoff Notice.pdf p. l deadline Notice states $1,980.07 Waterman Convalescent Hosp. v. Interpretive authority; different statute Relevant decision Jurupa Cmty. Servs. Dist. 53 Cal.App.4th 1550, 1553-1557 governs district See Attached Opinion

FACTS USED IN THIS WORKBOOK

1. Starting point: City's records show a zero balance after the Jan. 27, 2025 payment (posted Feb. 3).

2. All monthly bills after that zero balance are included through the Sep. 2, 2026 posting, including water, sewer, and other utility components.

3. All six payments totaling $2,208 are included. The dates and City's allocations come from the ledger.

4. City's balance was $1,980.07 after the August 2026 fee; the September 2026 $176.79 bill raised it to S2,156.86. No September 10% fee appears in the provided history.

ASSUMPTIONS USED IN MAKING CALCULATIONS

1. Assume every original monthly utility charge is valid.

2. Assume no more than one 10% initial fee on each month's bill that remained unpaid on its first fee-assessment date.

3. Credit each payment to the oldest original utility charges first; only excess cash goes to legitimate fees.

4. All six recorded payments occurred before their respective month's penalty was posted; in May 2026, the S498 payment covers $418.81 old utility charges and $79.19 of the new

5. Do not add a September 2026 penalty because the available history ends with the September 2 bill.

HOW TO CHECK THE MATH
Month by Month: Column F = City's fee minus our assumed one-time fee. The sum of F is the disputed difference.

Month by Month: City ending balance = last City balance + new bill - payment + City's fee. Rebuilt balance uses our example fee instead.

INTRO: Original bills minus all actual payments plus assumed one-time fees = reconstructed balance.

All totals refer to the Sep. 2, 2026 ledger. They will need updating if the City adds a fee or a payment is made.

City of Etna Account History
384 Center Street

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 11:11am
Etna City Page:
********************** ****
Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND Other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTY Total Record No. MONTHLY WA New Bal
********* ******
Acct No: 0004-2990 Cust Name: PETERSON PATRICIA Cycle: CY1 Seq #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 01/11/2023 U Usage Entered -350.0000 30624 0.00 0.00 0.00 01/31/2023 Usage Entered - R1 1 30274 0.00 0.00 0.00
373029 0.00 0.00
01/24/2023 R Receipt 0.0000 168.86 42:89 0.00
01/24/2023 567 109.93 400.00
372708 63.37 -7.28
01/31/2023 B Bill 0.0000 -7.70 1.500 0.00
01/31/2023 Billing 33.33 49.31
373749 19.18 42.03
01/31/2023 R Receipt 0.0000 -14.98 1.08 0.00
01/31/2023 Wrapup Transfer 1 8.76 0.00
373750 5.04 42.03
02/21/2023 P Penalty 0.0000 0.00 1:20 0.00
03/01/2023 Penalty 1 0.00 4.20
374177 0.00 46.23
02/28/2023 Usage Entered 699.0000 30274 0.00 0.00 0.00
03/01/2023 Estimated Usage - El 1 30973 0.00 0.00 0.00
374303 0.00 0.00
02/28/2023 Bill 0.0000 15.38 12.00
03/01/2023 Billing 1 33.33
375005 19.18 118.62
03/08/2023 R Receipt 0.0000 16: 36 1.300 0.00
03/08/2023 526 1 120.00
375141 33.32 -1.38
03/31/2023 Bill 0.0000 38.21 2.50 0.00
04/04/2023 Billing 1 39.13 95.32
376303
03/31/2023 Receipt 0.0000 -0.83 0-07
04/04/2023 Wrapup Transfer 1 0.48
376304 0.28
04/04/2023 Usage Entered 11737.0000 30973 0.00 0-00 0.00 04/04/2023 Usage Entered - RI 32710 0.00 0.00
375808 0.00 0.00
04/28/2023 P Penalty 0.0000 0.00 0.00
04/28/2023 Penalty 1 0.00 9.39
376740 0.00 103.23
05/01/2023 B Bill 0.0000 13:38 1.50 16.00
05/11/2023 Billing 1
377527 19.18 180.02
05/01/2023 Usage Entered 899.0000 32710 0.00 0.00
33609 0-00 0.00
05/01/2023 Usage Entered - R2 1 0.00
377072 0.00 0.00
05/21/2023 P Penalty 0.0000 0.00 0.00
05/26/2023 Penalty 1 0.00 19:00 17.06
377973 0.00 197.08

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 11:11am
tna City page: ********
********** ****.

Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND Other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTY Total Record No MONTHLY WA New Bal
******** ********** *********
Acct No: 0004-29900 Cust Name: PETERSON PATRICIA Cycle: CY1 Seq #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 06/01/2023 U Usage Entered 1466.0000 33609 0.00 0.00 0.00 06/01/2023 Usage Entered - R3 35075 0.00 0.00 0.00
378305 0.00
06/01/2023 Bill 0.0000 32.25 0.00
06/01/2023 Billing 1 33.33 89.26
378760 19.18 286.34
06/15/2023 R Receipt 0.0000 108.35 13.43 0.00
06/16/2023 1089 2218 1 99.51 26.45 305.00
378988 57.26 -18.66
07/01/2023 R Receipt 0.0000 -4.73 0.00
07/06/2023 Wrapup Transfer 1 2.76 0.00
379988 1.59 206.47
07/01/2023 ฿ Bill 0.0000 168.12 0.00
07/06/2023 Billing 1 33.33 3.50 225.13
379987 19.18 206.47
07/05/2023 U Usage Entered 7642.0000 35075 0.00 0.00 0.00 07/05/2023 Usage Entered - R4 1 42717 0.00 0.00 0.00
379526 0.00 0.00
07/21/2023 P Penalty 0.0000 0.00 20.00 0.00
08/01/2023 Penalty 1 0.00 20.65
380434 0.00 227.12
08/01/2023 Usage Entered 13126.0000 42717 0.00 0.00 0.00 08/01/2023 Usage Entered - R5 46443 0.00 0.00
380563 0.00 0.00
08/01/2023 Bill 0.0000 81.97 0.00
08/02/2023 Billing 1 3.50 138.98

33.33 381191 19.18 366.10
08/21/2023 P Penalty 0.0000 0.00 0.00 0.00
08/30/2023 Penalty 1 0.00 34.55 34.55
381646 0.00 400.65
08/31/2023 U Usage Entered 2982.0000 46443 0.00 0.00
08/31/2023 Usage Entered - R6 1 49425 0.00 0-00 0.00
381886 0.00 0.00
09/01/2023 B Bill 0.0000 65.60 0.00
09/01/2023 Billing 1 33.33 0.50 122.61
382417 19.18 523.26
09/21/2023 Penalty 0.0000 0.00 0.00
09/29/2023 Penalty 1 0.00 29:00 27.33
383044 0.00 300.59
09/27/2023 R Receipt 0.0000 133.17 55:20 0.00
09/29/2023 244 1 36.03 250.00
382974 20.73 273.26
09/29/2023 Usage sage Fed - di Usage Entered 2138.0000 49425 0.00 0.00 0.00 09/29/2023 51563 0.00 0.00
382877 0.00 0.00

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 11:11am
atna City Page: ...
********** *****
Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTY Total Record No. MONTHLY WA New Bal
********* ********
Acct No: 0004-29900 Cust Name: PETERSON PATRICIA Cycle: CY1 Seq #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 10/01/2023 B Bill 0.0000 55.59 0.00 0.00
09/29/2023 Billing 35.26 0.00 110.49
383643 19.64 411.08
10/21/2023 P Penalty 0.0000 0.00 0.00 0.00
10/27/2023 Penalty 1 0.00 38.39 38.39
384092 0.00 449.47
11/01/2023 B Bill 0.0000 17.39 4.50
11/02/2023 Billing 35.26 0.00
384870 19.64
11/02/2023 U Usage Entered 669.0000 51563 0.00 0.00 0.00 11/02/2023 Usage Entered - R8 1 52232 0.00 0.00 0.00
384429 0.00 0.00
11/21/2023 P Penalty 0.0000 0.00 10:06 0.00
11/28/2023 Penalty 1 0.00 46.06
385315 0.00 572.32
12/01/2023 Usage Entered 295.0000 52232 0.00 0.00
12/01/2023 Usage Entered - R9 1 52527 0.00 0.00
385653 0.00 0.00
12/01/2023 R Receipt 0. 0000 0.00 11-50 0.00
12/01/2023 Wrapup Transfer 1 0.00 0.00
386354 0.00 630.39
12/01/2023 B Bill 0.0000 7.67 -4.50 0.00
12/01/2023 Billing 1 35.26 0.00 58.07
386353 19.64 630.39
12/21/2023 P Penalty 0.0000 0.00 0.00 0.00
12/29/2023 Penalty 1 0.00 52.31 52.31
386845 0.00 682.70
01/01/2024 B Bill 0.0000 5.04 0.00
01/03/2024 Billing 1 0.00 59.94

35.26 387601 19.64 742.64
01/02/2024 Usage Entered 194.0000 52527 0.00 000 0.00
01/02/2024 Usage Entered - R1 1 52721 0.00 0.00
387173 0.00 0.00
01/09/2024 R Receipt 0.0000 43.08 159:30 0.00
01/10/2024 288 1 28.86 250.00
387697 16.27 492.64
01/21/2024 Penalty 0.0000 0.00 49:20 0.00
01/24/2024 Penalty 1 0.00 541.31
388031 0.00
01/31/2024 U Usage Entered 171.0000 52721 0.00 0.00 0.00 01/31/2024 Usage Entered - R2 1 52892 0.00 0.00 0.00
388385 0.00 0.00
02/01/2024 B Bill 0.0000 4.45 0.00
02/01/2024 Billing 35.26 59.35
388824 19.64 601.26

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 1l:11am
Etna City Page: 4
******* ******
Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTy Total Record No. MONTHLY WA New Bal
********
Acct No: 0004-29900 Cust Name: PETERSON PATRICIA Cycle: CY1 Seq #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 02/21/2024 P Penalty 0.0000 0.00 0.00 55.20
02/27/2024 Penalty 1 55.21
389256 656.47
03/01/2024 B Bill 0.0000 33.58 0.00
03/01/2024 Billing 1 58.59
390015 19.64 715.06
03/01/2024 U Usage Entered 142.0000 52892 0.00 0.00
03/01/2024 Usage Entered - R3 1 53034 0.00 0.00
389573 0.00
03/18/2024 R Receipt 0.0000 122.54 5.91 0.00
03/18/2024 324 1 118.55 104.48 418.13
390225 66.57 296.93
03/21/2024 P Penalty 0.0000 0.00 0.00
03/25/2024 1 22.00 29.70
Penalty 0.00
390452 0.00 326.63
03/27/2024 Usage Entered 127.0000 53034 0.00 0.00
03/27/2024 Usage Entered - R4 1 53161 0.00 0.00
390783 0.00 0.00
04/01/2024 Bill 0.0000 3.30 0.00 0.00
03/28/2024 Billing 1 35.26 58.20
391225 19.64 384.83
04/21/2024 Penalty 0.0000 0.00 35:92 0.00
04/24/2024 Penalty 1 0.00 35.52
391649 0.00 420.35
05/01/2024 Bill 0.0000 7.96 0.00
05/01/2024 Billing 1 35.26 62.86
392471 19.64 483.21
05/01/2024 Usage Entered 306.0000 53161 0.00 0.00 0.00
05/01/2024 Usage Entered - R5 1 53467 0.00 0.00 0.00
391999 0.00 0.00
05/06/2024 R Receipt 0.0000 108.00 0.00
05/08/2024 331 1 195.58 482.70
392581 109.34 0.51
05/14/2024 R Receipt 0.0000 0.00 0.00
05/16/2024 339 1 0.00 100.00
392697 -99.49
05/30/2024U Usage Entered -71.0000 63467 0.00 0.00 0.00 05/30/2024 Usage Entered - R6 1 63396 0.00 0.00 0.00
393039 0.00 0.00
06/01/2024 R Receipt 0.0000 -54.90 0:00 0.00
05/31/2024 Wrapup Transfer 1 35.26 0.00
393683 19.64 -46.44
06/01/2024 B Bill 0.0000 -1.85 0.00
05/31/2024 Billing 1 35.26 53.05
393682 19.64 -46.44

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 11:11am
Etna City Page: 5
************* ******
Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND Other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTY Total Record No. MONTHLY WA New Bal
********* *******
Acct No: 0004-29900 Cust Name: PETERSON PATRICIA Cycle: CY1 Seq #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 07/01/2024 B Bill 0.0000 79.09 0.00 0.00
07/02/2024 Billing 1 35.26 0.00 133.99
394912 19.64 87.55
07/01/2024 R Receipt 0.0000 -19.03 0.00 0.00
07/02/2024 Wrapup Transfer 1 12.22 0.00 0.00
394913 6.81 87.55
07/01/2024 U Usage Entered 3042.0000 63396 0.00 0.00 0.00 07/01/2024 Usage Entered - R7 66438 0.00 0.00 0.00
394370 0.00 0.00
07/21/2024 P Penalty 0.0000 0.00 0.00 0.00
07/31/2024 Penalty 1 0.00 8.75 8.75
395336 0.00 96.30
07/31/2024 U Usage Entered 6202.0000 66438 0.00 0.00 0.00 08/02/2024 Usage Entered - R8 1 72640 0.00 0.00 0.00
395602 0.00 0.00
08/01/2024 B Bill 0.0000 165.26 0.00 0.00
08/05/2024 Billing 0.00 216.15
396154 19.64 312.45
08/21/2024 R Receipt 0.0000 243.30 0.00 0.00
08/23/2024 379 1 58.30 8.75 342.82
396489 32.47 -30.37
09/01/2024 Bill 0.0000 105.99 0.00 0.00
09/05/2024 Billing 1 35.2€ 0.00 160.85
397363 19.64 130.48
09/01/2024 R Receipt 0.0000 -10.37 0.00 0.00
09/05/2024 Wrapup Transfer 1 3.76 0.00 0.00
397364 130.48
09/03/2024 U Usage Entered 11075.0000 72640 0.00 0.00 0.00 09/03/2024 Usage Entered - R9 76715 0.00 0.00 0.00
396740 0.00 0.00
09/21/2024 P Penalty 0.0000 0.00 0.00 0.00
09/30/2024 Penalty 1 0.00 13.05 13.05
397842 0.00 143.53
10/01/2024 Bill 0.0000 82.86 0.00 0.00
10/04/2024 Billing 1 35.26 0.00 137.76
398653 19.64 281.29
10/03/2024 U Usage Entered 99992 0.00 0.00 0.00
10/03/2024 13187.0000 3179 0.00
Usage Entered - R1 0.00 0.00
397988 0.00 0.00
10/28/2024 R Receipt 0.0000 187.52 0.00 0.00
10/28/2024 163 1 63.86 13.05 300.00
398993 35.57 -18.71
10/29/2024 U Usage Entered 3179 0.00 0.00 0.00
Badger Import - R2 2360.0000 5539 0.00 0.00
10/30/2024 0.00
399437 0.00 0.00

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 11:11am
tna Cit Page: 6
********* *******
Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND Other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTY Total Record No. MONTHLY WA New Bal
********. ********
Acct No: 0004-29900 Cust Name: PETERSON PATRICIA Cycle: CY1 Seq #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 11/01/2024 B Bill 0.0000 73.16 0.00
10/31/2024 Billing 1 37.35 130.62
399959 20.11 111.91
11/01/2024 R Receipt 0.0000 -8.23 0.00 0.00
10/31/2024 Wrapup Transfer 1 0.00 0.00
399960 111.91
11/21/2024 P Penalty 0.0000 0.00 0.00 0.00
11/22/2024 Penalty 1 0.00 11.19 11.19
400415 0.00 123.10
12/01/2024 Bill 0.0000 39.35 0.00
12/03/2024 December 2024 1 0.00
401214 20.11
12/02/2024 U Usage Entered 2239.0000 5539 0.00 0.00 0.00 12/02/2024 Usage Entered - R3 7778 0.00 0.00
400485 8:00 0.00
12/21/2024 Penalty 0.0000 0.00 23:00 0.00
12/23/2024 Penalty 1 0.00 23.88
401651 0.00 273.85
12/31/2024 U Usage Entered 3134.0000 7778 0.00 0.00
12/31/2024 Badger Import - R4 10912 0.00 0.00
401995 0.00 0.00
01/01/2025 Bill 0.0000 97.15 0.00
01/02/2025 JAN 2025 BILLS 1 154. 61
402477 20.11 428.46
01/21/2025 P Penalty 0.0000 0.00 0.00 0.00
01/23/2025 Penalty 1 0.00 39.34 39.34
402917 0.00 467.80
01/27/2025 R Receipt 0.0000 229.24 0.00 0.00
02/03/2025 1157 1 106.70 74.41 467.80
403323 57.45 0.00
01/31/2025 U Usage Entered 2236.0000 10912 0.00 0.00 0.00 02/03/2025 Badger Import - R5 1 13148 0.00 0.00 0.00
403266 0.00 0.00
02/01/2025 Bill 0.0000 69.32 0.00
02/03/2025 Billing 1 37.35 0.00 126.78
403765 20.11
02/21/2025 Penalty 0.0000 0.00 12:00
02/26/2025 Penalty 1 0.00 12:60
404211 0.00 139.46
02/27/2025 Usage Entered 1292.0000 13148 0.00 0.00
02/27/2025 Badger Import - R6 14440 0.00 0.00
404558 0.00 0.00
03/01/2025 B Bill 0.0000 40.05 0.00 99:31
02/28/2025 Billing 1 37.35
405030 20.11 236.97

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 11: 11am
tna Cit! Page: 7
********. ******* ***** ******
Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND Other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTY Total Record No. MONTHLY WA New Bal
********* ************************ ************** • .. ****** Acct No: 0004-29900 Cust Name: PETERSON PATRICIA Cycle: CY1 Seq #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 03/21/2025 P Penalty 0.0000 0.00 22.00 0.00
03/25/2025 Penalty 1 0.00 22.43
405484 0.00 259.40
04/01/2025 V Usage Entered 1793.0000 16228 0.00 0.00 0.00 04/01/2025 Badger Import - R7 0.00 0.00 0.00
405831 0.00 0.00
04/01/2025 B Bill 0.0000 55.27 0.00 0.00
04/02/2025 Billing 1 0 37.35 0.00 112.73
406313 20.11 372.13
04/21/2025 Penalty 0.0000 0.00 0.00 0.00
04/29/2025 Penalty 1 0.00 33.70 33.70
406747 0.00 405.83
04/30/2025 U Usage Entered 1570.0000 16223 0.00 0.00 0.00 04/30/2025 Badger Import - R8 17793 0.00 0.00 0.00
407093 0.00 0.00
05/01/2025 B Bill 0.0000 48.67 0.00 0.00
05/01/2025 Billing 1 37.35 0.00 106.13
407563 20.11 511.96
05/21/2025 P Penalty 0.0000 0.00 0.00 0.00
05/29/2025 Penalty 1 0.00 44.31 556.21
408011 0.00
05/30/2025 Usage Entered 2732.0000 17793 0.00 0.00 0.00 06/03/2025 Badger Import - R9 20525 0.00 0.00 0.00
408352 0.00 0.00
06/01/2025 Bill 0.0000 84.69 0.00 0.00
06/03/2025 Billing 1 37.35 0.00 142.15
408817 20.11 698.42
06/21/2025 P Penalty 0.0000 0.00 0.00 0.00
06/30/2025 Penalty 1 0.00 58.54 58.54
409272 0.00 756.96
07/01/2025 B Bill 0.0000 247.47 0:00 0.00
07/02/2025 Billing 1 37.35 304.93
410067 20.11 1,061.89
07/01/2025 Usage Entered 7983.0000 20525 0.00 0.00 0.00 07/01/2025 Badger Import - R1 1 28508 0.00 0.00 0.00
409614 0.00 0.00
07/16/2025 R Receipt 0.0000 116.26 0.00 0.00
07/16/2025 Batch Receipts 1 72.86 171.66 400.00
410247 39.22 661.89
07/21/2025 P Penalty 0.0000 0.00 66.00 0.00
07/29/2025 Penalty 1 0.00 66.18
410534 0.00 728.07
07/31/2025 U Usage Entered 2999.0000 28508 0.00 0.00 0.00 07/31/2025 Badger Import - R2 1 31507 0.00 0.00 0.00
410881 0.00 0.00

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 11:11am
Etna Cit! Page:
******** ****: *****
Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND Other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTY Total Record No. MONTHLY WA New Bal
********* *************** ************ ********* ******* Acct No: 0004-29900 Cust Name: PETERSON PATRICIA Cycle: CY1 Seg #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 08/01/2025 B Bill 0.0000 92.97 0.00 0.00
08/04/2025 Billing 1 37.35 0.00 150.43
411370 20.11 878.50
08/21/2025 P Penalty 0.0000 0000 0.00 0.00
08/28/2025 Penalty 1 81.24 81.24
411828 0.00 959.74
08/28/2025 U Usage Entered 205.0000 31507 0.00 0.00 0.00 08/28/2025 Badger Import - R3 33563 0.00 0.00 0.00
412175 0.00 0.00
09/01/2025 B Bill 0.0000 63.74 0.00 0.00
08/28/2025 Billing 1 0.00 121.20
412633 20.11 1,080.94
09/21/2025 Penalty 0.0000 0.00 93:00 0.00
09/30/2025 Penalty 1 93.35
413096 0.00 1,174.29
09/30/2025 Usage Entered 2228.0000 33563 0.00 0.00
09/30/2025 Badger Import - R4 35791 0.00 0.00 0.00
413447 0.00 0.00
10/01/2025 B Bill 0.0000 69.07 0-00 0.00
10/01/2025 Billing 1 20.31 126.53
413936 1,300.82
10/17/2025 R Receipt 0.0000 162.70 0.0 0.00
10/22/2025 442 1 62.74 :40.7 500.00
414130 33.79 800.82
10/21/2025 P Penalty 0.0000 0.00 0.00 0.00
10/29/2025 Penalty 1 0.00 80.09 80.09
414388 0.00 880.91
10/31/2025 Usage Entered 1253.0000 35791 0.00 0000 0.00 10/31/2025 Badger Import - R5 1 37044 0.00 0.00
414741 0.00 0.00
11/01/2025 Bill 0.0000 46.36 0.00 0.00
10/31/2025 Billing 1 39.61 0.00 106.56
415193 20.59 987.47
11/21/2025 Penalty 0.0000 0.00 0.00 0.00
11/26/2025 Penalty 1 0.00 90.75 90.75
415663 0.00 1,078.22
12/01/2025 B Bill 0.0000 44.03 0-00 0.00
12/01/2025 Billing 1 39.61 104.23
416459 20.59 1,182.45
12/01/2025 Usage Entered 111900000 37044 0.00 0-00 0.00 12/01/2025 Badger Import - R6 38234 0.00 0.00
416010 0.00 0.00
12/21/2025 P Penalty 0.0000 0.00 101:00 0.00
12/29/2025 Penalty 1 0.00 101.17
416916 0.00 1,283.62

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 11:11am
Etna City Page: 9
****. *******
Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND Other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTY Total Record No. MONTHLY WA New Bal
******
Acct No: 0004-29900 Cust Name: PETERSON PATRICIA Cycle: CY1 Seg #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 12/29/2025 U Usage Entered 1035.0000 38234 0.00 0.00 0.00 12/29/2025 Badger Import - R7 39269 0.00 0.00 0.00
417267 0.00 0.00
01/01/2026 B Bill 0.0000 38.30 0.00 0.00
12/31/2025 Billing 1 39.61 0.00 98.50
417738 20.59 1,382.12
01/21/2026 P Penalty 0.0000 0.00 0.00 0.00
01/28/2026 Penalty 1 0.00 111.02 111.02
418181 0.00 1,493.14
02/01/2026 B Bill 0.0000 49.73 0.00 0.00
02/04/2026 Billing 1 39.61 0.00 109.93
419031 20.59 1,303.07
02/02/2026 U Usage Entered 1344.0000 39269 0.00 0.00
40613 0000 0.00
02/04/2026 Badger Import - R8 1 0.00
418563 0.00 0.00
02/04/2026 R Receipt 0.0000 0.00 0.00 0.00
02/04/2026 478 1 0.00 300.00 300.00
418200 0.00 1,193.14
02/21/2026 Penalty 0.0000 0.00 0.00 0.00
02/24/2026 Penalty 1 0.00 122.00 122.00
419488 0.00 1,425.07
02/27/2026 U Usage Entered 1098.0000 40613 0.00 0.00 0.00 03/02/2026 Badger Import - R9 1 41711 0.00 0.00
419857 0.00 0.00
03/01/2026 B Bill 0.0000 40.63 0-00 0.00
03/02/2026 Billing 1 39.61 100.83
420304 20.59 1,525.90
03/05/2026 R Receipt 0.0000 52.21 0.00 0.00
03/10/2026 1173 1 27.94 205.03 300.00
420381 14.82 1,225.90
03/21/2026 P Penalty 0.0000 0 0.00 0.00 0.00
03/26/2026 Penalty 1 0.00 122.59 122.59
420761 0.00 1,348.49
03/31/2026 U Usage Entered 1356.0000 41711 0.00 0.00
03/31/2026 Badger Import - R1 1 43067 0.00 0.00
421120 0.00 0.00
04/01/2026 B Bill 0.0000 50.17 2.00 0.00
04/01/2026 Billing 1 39.61 110.37
421573 20.59 1,458.86
04/21/2026 P Penalty 0.0000 0.00 0.00 0.00
04/22/2026 Penalty 1 0.00 133.6: 133.63
422016 0.00 1,592.49
04/28/2026 U Usage Entered 1249.0000 43067 0.00 0.00 0.00 04/28/2026 Badger Import - R2 1 44316 0.00 0.00
422364 0.00 0.00

ACCOUNT HISTORY REPORT
Date: 09/14/2026
Time: 11: 11am
Etna City Page 10
********* ***
Trans Date Transaction Type Mult Usage Prev Read WATER USEA SEWER BOND Other Entry Date Note Meter No. Curr Read MONTHLY SE PENALTY Total Record No. MONTHLY WA New Bal
****
Acct No: 0004-29900 Cust Name: PETERSON PATRICIA Cycle: CY1 Seg #: 0000029900 Loc ID: CENT-000384-0000-02 Svc Addr: 384 CENTER ST Section: BB Class: RESIDENTIAL 05/01/2026 B Bill 0.0000 46.21 0.00
04/29/2026 Billing 1 39.61 106.41
422827 20.59 1, 698.90
05/15/2026 R Receipt 0.0000 00 128.34 0.00 0.00
05/15/2026 1181 1 74.23 256.22 498.00
422989 39.21 1,200.90
05/21/2026 P Penalty 0.0000 00 0.00 0.00 0.00
05/21/2026 Penalty 1 0.00 120.10 120.10
423275 0.00 1,321.00
06/01/2026 Bill 0.0000 55.17 0.00
06/04/2026 Billing 1 39.61 0-00 115.37
424089 20.59 1,436.37
06/01/2026 U Usage Entered 11491.0000 44316 0.00 0.00
06/02/2026 Badger Import - R3 45807 0.00 0.00
423620 0.00 0.00
06/21/2026 P Penalty 0.0000 0.00 0.00 0.00
06/24/2026 Penalty 1 0.00 131.6: 131.63
424521 0.00 1,568.00
06/26/2026 Usage Entered 1813.0000 45807 0.00 0-00 0.00 06/26/2026 Badger Import - R4 47620 0.00 0.00
424870 0.00 0.00
07/01/2026 B Bill 0.0000 67.08 0.00
06/30/2026 Billing 1 39.61 0.00 127.28
425324 20.59 1,695.28
07/21/2026 P Penalty 0.0000 0.00 0.00 0.00
07/24/2026 Penalty 1 0.00 144.36 144.36
425786 0.00 1,839.64
•
07/31/2026 Usage Entered 3436.0000 47620 0.00 0-00 0.00 08/03/2026 Badger Import - R5 51056 0.00 0.00
426162 0.00 0.00
08/01/2026 B Bill 0.0000 127.13 0-00 0.00
08/04/2026 Billing 1 39.61 187.33
426629 20.59 2,026.97
08/07/2026 R Receipt 0.0000 0.00 0.00 0.00
08/14/2026 1224 1 0.00 210.00 210.00
426713 0.00 1,816.97
08/21/2026 Penalty 0.0000 0.00 163:00 0.00
08/27/2026 Penalty 0.00 163.10
427080 0.00 1,980.07
09/01/2026 u Usage Entered 13151.0000 51056 0.00 0.00 0.00 09/01/2026 Badger Import - R6 54207 0.00 0.00
427425 0.00 0.00
09/01/2026 Bill 0.0000 116.59 2000 0.00
09/02/2026 Billing 1 39.61 176.79
427905 20.59 2,156.86
9202/0:2g
To eu:
************* * * ***********************************
and in
Teg MaN
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Waterman Convalescent Hospital, Inc.
v. Jurupa Community Services District
(1996) 53 Cal. App.4th 1550
Waterman Convalescent Hosp. v. Jurupa Cmty. Servs. Dist.

Court of Appeal of California, Fourth Appellate District, Division Two November 26, 1996, Decided
No. E016924.
53 Cal. App. 4th 1550*; 62 Cal. Rptr. 2d 264 **; 1996 Cal. App. LEXIS 1228 ***; 97 Cal. Daily Op. Service 2526; 97 Daily Journal DAR 4415
penalties assessed by the [*1552] district. Plaintiff

WATERMAN CONVALESCENT HOSPITAL,
contended that the method of computation of
INC., Plaintiff and Appellant, v. JURUPA
penalties, late fees, and charges violates
COMMUNITY SERVICES DISTRICT, Defendant
Government Code section 61621. The trial court
and Respondent.
disagreed and granted summary judgment for the
Subsequent History: [***1] The Publication water district.

Status of this Document has been Changed by the

UNDISPUTED FACTS
Supreme Court from Unpublished to Published
April 2, 1997. The Jurupa Community Services District (District) provided water and sewer services for a fee to
Prior History: APPEAL from the Superior Court plaintiff [***2] Waterman Convalescent Hospital, of Riverside County. Super.Ct.No. 256840. James Inc., doing business as Mt. Rubidoux Convalescent D. Ward, Judge. Center (Waterman). Billing was on a monthly basis.

Disposition: The judgment is reversed. On remand,
the trial court is directed to reconsider Waterman's Waterman's April 24, 1991, bill for water and motion for summary judgment in the light of the sewer services was $ 877.54. Payment was due discussion in this opinion. May 20, 1991. A dispute arose as to whether this payment was made on time, but late payment was
Counsel: Christine J. Wilson and Elizabeth Plott
conceded for purposes of the summary judgment
Tyler for Plaintiff and Appellant. motion.

Best, Best & Krieger, Gene Tanaka and Susan E.

Dumouchel for Defendant and Respondent. [**265] Contending the payment was late, the District issued its May 22 bill consisting of $
Judges: Opinion by Hollenhorst, J., with Ramirez, 1,015.18 for current services and $ 87.75 for a late P. J., and McKinster, J., concurring. penalty. The $ 87.75 represented a 10 percent late charge on the $ 877.54 April bill. Waterman paid
Opinion by: HOLLENHORST the $ 1,015.18 on June 6, 1991, which the District applied to the May 22 bill, leaving $ 87.75 unpaid.

Opinion
The next bill was dated June 26, 1991, and
consisted of $ 1,222.46 for current services and
[*1551] [**264] HOLLENHORST, J. another 10 percent late charge on the $ 87.75, or S

8.78. Thus, each month Waterman paid the current
Plaintiff, a customer of defendant water district, charges and was charged an additional 10 percent filed this action to challenge certain late fees and late charge on the unpaid balance. This continued 53 Cal. App. 4th 1550, *1552; 62 Cal. Rptr. 2d 264, **265; 1996 Cal. App. LEXIS 1228, ***2 until April 1994, when the total due reached $ Waterman interprets the statute as authorizing (1) 1,684.45. At that point, the District threatened to monthly charges [***5] for services provided; (2) cut off services and Waterman paid the bill under a 10 percent penalty for nonpayment of charges and protest and brought this action to recover [***3] (3) an additional penalty of one-half of 1 percent the amount paid. for nonpayment of charges and basic penalty. It argues that there was only one untimely payment,
DISCUSSION and only one 10 percent basic penalty was
authorized. When it continued to pay current
(1) Waterman contends that the District's billing
monthly charges, only the one basic penalty of $
policy violates Government Code section 61621

87.75 remained unpaid, and it argues that only a 1/2
and the District's Ordinance No. 81 because the
percent penalty could be applied for that
District is charging a 10 percent penalty on prior 10
nonpayment. In other words, Waterman argues that,
percent penalties.
once the basic 10 percent late payment penalty is
The District contends that it applies any monthly applied, the only further penalty which may be payment to the earlier outstanding bill and, if the added is the 1/2 percent penalty. Waterman current bill thereby becomes not fully paid, a new therefore contends that the District was unlawfully 10 percent penalty is applied to the outstanding charging penalties on top of penalties. It calculates balance of the current bill. It argues that neither the the maximum penalty which could have been statute nor the ordinance sets forth the manner in charged (in the applicable time period here) for the which payments are to be applied to an account, one late payment of $ 87.75 as $ 102.42. and thus it does not violate the statute or the
The District denies that it was compounding
ordinance.
penalties, i.e., that it was charging penalties on top
Government Code section 61621, in relevant part, of penalties. It maintains that "the Legislature provides: "A district may provide for the collection clearly left the manner in which the fees are of charges. Remedies for their collection and collected, and the manner in which payments are [*1553] enforcement are cumulative and may be applied, to the discretion of the District. There is pursued alternatively or consecutively as the local nothing in the [***6] statute or the ordinance agency determines. [P] A district may provide for a which prevents the District from applying a basic penalty of not more than 10 percent for payment to a customer's late fee first, and then the nonpayment of the charges within the time and in balance to a customer's monthly bill, in order to the manner prescribed by it, and in addition may collect a late payment penalty." In other words, provide for a penalty of not exceeding one-half of 1 [**266] "the District would apply Waterman's percent per month for nonpayment [***4] of the monthly payment to the unpaid portion of charges and basic penalty. It may provide for Waterman's previous month's bill, leaving an collection of the penalties herein provided for." ! unpaid balance on Waterman's current monthly bill, against which a 10 penalty was assessed."
' The parties do not focus their arguments on the District's Ordinance The difficulty with the District's argument is that No. 81. It provides, in relevant part, "All bills for water service shall the statute authorizes a basic penalty for late be due and payable immediately upon receipt. There shall be added payments (nonpayment within the time specified to any bill for water service for which payment is not received by 5 for [*1554] payment), but not a basic penalty for p.m. on the 26th day following the billing date a basic penalty in an partially unpaid monthly account balances. Instead,
amount equal to ten percent (10). ... [P] If a delinquent water bill is not paid in full, including penalties, by the 40th day following the billing date, the General Manager shall turn-off and discontinue water service to the consumer .... [P] All delinquent bills which are a delinquency penalty of one-half of one percent (.005) per month not paid by the 60th day following the billing date shall be subject to which shall apply from the billing date until the bill is paid in full." 53 Cal. App. 4th 1550, *1554; 62 Cal. Rptr. 2d 264, **266; 1996 Cal. App. LEXIS 1228, ***6 the statute provides that, if the charges and basic penalties. The court also noted that plaintiff had penalty remain unpaid, an additional one-half of 1 "failed to cite a single statute or case that authorizes percent penalty may be applied. While we find the compounding of penalties. Penalties and forfeitures statute to be clear and unambiguous, the District's are not favored by the courts, and statutes imposing interpretation renders the additional penalty penalties or creating forfeitures must be strictly provision meaningless. construed." ( Schuhart v. Pinguelo, supra, 230 Cal.

App. 3d 1599. 1610.)
Waterman cites Schuhart v. Pinguelo (1991) 230
Cal. App. 3d 1599 [282 Cal. Rptr. 144] in support We agree with Waterman that the statute here is of its position. In that case, the trial court clear and unambiguous, and that it does not interpreted a statute relating to water district authorize the penalties imposed here. The statute improvement bonds. The statute [***7] provided authorizes a "basic penalty of not more than 10 for a 1 percent penalty for late payment and the percent" for late payments. It also authorizes an appellate court held that the trial court erred in additional penalty "not exceeding one-half of 1 applying a 2 percent penalty provided in a percent [*1555] per month for nonpayment of the subsequent statute. charges and basic penalty." (Gov. Code, § 61621.) Here, there was only one late payment, and the
The appellate court also considered a secondary basic penalty amounting to $ 87.75 was charged issue which is cited here. The trial court had Upon nonpayment of this [***9] amount, the interpreted the statute and a penalty clause in the district could charge an additional penalty of one- bond to allow compounding of the monthly penalty. half of 1 percent per month.

The trial court accepted the plaintiff's argument that
"after the first penalty is calculated, this initial Instead, the District charged a 10 percent penalty penalty merges with the initial delinquent payment on the $ 87.75 late charge and thus added $ 8.78 to to become the new delinquency upon which the Waterman's bill. The following month, it added the next month's penalty is to be calculated." ( two 10 percent penalties to total $ 96.53 and then Schuhart v. Pinguelo, supra, 230 Cal. App. 3d charged another 10 percent, or $ 9.65, to the bill. 1599, 160Z.) The appellate court found this We find this progression of 10 percent basic interpretation to be erroneous. It said: "The statute penalties is not authorized by the statute. The scrupulously maintains a distinction between District thus admitted "that [it] applied a charge of penalties and delinquent payments of principal and ten percent (10) per month each and every month to interest, directing the continued imposition of Plaintiff's account for water services between May penalties until 'such delinquent payment and all 1991 and March 1994." This practice is the penalties thereon are fully paid, and directing the problem. As noted above, the basic penalty is for treasurer to collect 'such penalties with and as a part nonpayment within the time specified, not for of the delinquent payment.'" ( Id., at p. 1608.) having a monthly account balance.

Although the court expressed its belief that the While we agree with the District that the statute Legislature did not intend [***8] to impose a 1 does not specify the manner in which payments are percent penalty on the amount of delinquent applied to an account, and that the application of principal and/or interest each month, it found the payments to the oldest balances first is not barred language arguably ambiguous. It therefore by the [**267] statute, the fact remains that only considered legislative intent and found that absurd the penalties specified by the statute are authorized. consequences would result from plaintiffs (Cf. Fin. Code, § 4001; Hitz v. First Interstate Bank interpretation. After examining the legislative (1995) 38 Cal. App. 4th 274 [44 Cal. Rptr. 2d 890] materials, it found no intent to allow compounded [late [***10] fees on consumer credit card 53 Cal. App. 4th 1550, *1555; 62 Cal. Rptr. 2d 264, **267; 1996 Cal. App. LEXIS 1228, ***10 accounts]; Beasley v. Wells Fargo Bank (1991) 235 new penalty. The Schuhart court found no statutory Cal. App. 3d 1383 /1 Cal. Rptr. 2d 446] [same].) basis for such an interpretation, pointing out that "[t]he statute scrupulously maintains a distinction
The District argues that Waterman's interpretation between penalties and delinquent [***12] of the statute would create an absurdity because the payments of principal and interest...." (Id., at p.

District would be effectively prevented from ever 1608) The same is true here, as the statute here collecting a late payment penalty where a customer clearly distinguishes between charges for services, is making partial payments. We disagree. If a the basic penalty, and the additional penalty. customer fails to make payments within the
specified time, including the basic penalty for late The District attempts to fit within Schuhart by payment, the additional payment of "one-half of 1 arguing that "the facts show that the District percent per month for nonpayment of the charges scrupulously maintained a distinction between and basic penalty" (Gov. Code, § 61621) may be penalties and monthly charges." Yet the facts show charged. In addition, the District has the other very that the District's accounting practice had the effective remedies of cutting off service or putting a opposite effect: The application of a monthly lien on the property. (Gov. Code, $ 61621; Perez v. payment to the preceding month's unpaid penalty City of San Bruno (1980) 27 Cal. 3d 875, 886-888 generated an unpaid cumulative balance in the [168 Cal. Rptr. 114, 616 P.2d 12871) While the current month which then provided the basis for District appears to feel that the additional penalty of another 10 percent penalty. Thus, the District's one-half of 1 percent is inadequate, its remedy is in accountant advised Waterman in 1994 that "[t]he amendment of the statute. current outstanding balance on the account is $ 1,684.45 which is an accumulation of late charges
In addition, we note that the District did not follow dating back to the original late charge of $ 87.75 the provisions of its own Ordinance No. 81. That placed on the April 1991 bill." ordinance provides for a 10 percent penalty for
delinquent payments. [***11] (See fn. 1, ante.) It If the monthly charges and penalties are viewed then provides that, if the bill is not paid in full by separately, as they should be, it must be admitted the 40th day, the water shall be turned off. If the that Waterman paid all monthly charges currently, bill is not [*1556] paid by the 60th day, the except for the one late payment that led to the $ additional penalty of one-half of 1 percent applies. 87.75 penalty. All the other 10 percent penalties (Ibid.) The Ordinance also refers to delinquent were attributable to this [***13] fact. We therefore payments, not delinquent account balances. It thus agree with Waterman that the District was supports Waterman's interpretation that only one compounding 10 percent penalties upon 10 percent basic penalty is allowable for each late payment. penalties and that such compounding is not authorized by the statute. "Penalties and forfeitures
Finally, as noted above, the plaintiff in Schuhart are not favored by the courts, and statutes imposing argued "that after the first penalty is calculated, this penalties or creating forfeitures must be strictly initial penalty merges with the initial delinquent construed." ( Schuhart v. Pinguelo, supra, 230 Cal. payment to become the new delinquency upon App. 3d 1599, 1610; cf. Smiley v. Citibank (1995) which the next month's penalty is to be calculated." 11 Cal. 4th 138, 161-162 [44 Cal. Rptr. 2d 441, ( Schuhart v. Pinguelo, supra, 230 Cal. App. 3d 200 P.2d 690] [late payment fees justified as a 1599, 1607) This argument, which was rejected in matter of public policy]; McConnell v. Merrill Schuhart, is the same method as was used here: the Lynch, Pierce, Fenner & Smith, Inc. (1978) 21 Cal. current payment is applied to the earlier deficit 3d 365 [146 Cal. /**268] Rptr. 371, 578 balance, thus creating a cumulative payment 1*1557] P.2d 1375. 18 A.L.R.4th 1050/ balance in the current month which is subject to a [compound interest charged on stockbroker's 53 Cal. App. 4th 1550, *1557; 62 Cal. Rptr. 2d 264, **268; 1996 Cal. App. LEXIS 1228, ***13 margin accounts as usury].)
The trial court therefore erred in granting the
District's motion for summary judgment. While the
issue is a matter of law, we do not decide whether
Waterman's summary judgment motion should
have been granted in its entirety, as issues remain
as to damages and the scope of relief sought by
Waterman's summary judgment motion.

DISPOSITION
The judgment is reversed. On remand, the trial
court is directed to reconsider [***14] Waterman's
motion for summary judgment in the light of the
discussion in this opinion.

Ramirez, P. J., and McKinster, J., concurred.

End of Document
Perez v. City of San Bruno
27 Cal. 3d 875
Perez v. Citv of San Bruno
Supreme Court of California
August 14, 1980
S.F. No. 24101
Reporter
27 Cal. 3d 875 *; 616 P.2d 1287 **; 168 Cal. Rptr. 114***; 1980 Cal. LEXIS 205 **** HELEN G. PEREZ, Plaintiff and Appellant, v. judgment [*880] in an action seeking damages for invasion of her constitutional rights through
CITY OF SAN BRUNO, Defendant and
discontinuance of water service.

Respondent
We here confront the question whether a
Subsequent History: [****1] Appellant's petition
municipality providing water, sewer, and garbage
for a rehearing was denied September 11, 1980. disposal [****2] services to its citizens and billing Bird, C. J., and Mosk, J., were of the opinion that therefor by means of a single unified statement may the petition should be granted. constitutionally resort to the remedy of cessation of Prior History: Superior Court of San Mateo water service when a citizen, refusing to pay that County, No. 204818, Alan W. Haverty, Judge. component of the unified billing relating to garbage collection [**1289] [***116] and disposal
Disposition: The judgment is affirmed. services but paying the other components thereof, fails to make full and complete payment for
Counsel: Helen G. Perez, in pro. per., for Plaintiff municipal services rendered. and Appellant.

The City of San Bruno, acting pursuant to its police
John G. Schwartz and Nagle, Vale, McDowall & power (Cal. Const., art. XI, § 7), has provided in Cotter for Defendant and Respondent. section 14-1 of its city code that "[the] furnishing of Elwyn L. Johnson, City Attorney (Modesto), and water and sewer service and the collection and George H. Eiser III, Deputy City Attorney, as disposal of garbage and rubbish, as provided for in Amici Curiae on behalf of Defendant and this Code, shall constitute municipal services, and Respondent. shall be charged for as such. [para. ] Every person, on making application for municipal services, shall
Judges: Opinion by Manuel J., with Tobriner, make a service deposit...." Clark and Richardson, JJ., concurring. Separate
dissenting opinion by Bird, C. J., with Newman, J., Acting pursuant to explicit provisions of state law concurring. Separate dissenting opinion by Mosk, (Health & Saf. Code., § 4250) the city has chosen J., with Newman, J., concurring. to provide the garbage collection and disposal aspect of its "municipal services" by contracting
Opinion by: MANUEL with a private company. Section 14-7 of the city code provides in this respect: "Any person or firm
Opinion to whom the city council [****3] shall grant a
contract for the collection, hauling, gathering and
disposing of garbage and rubbish in the city shall
[*879] [**1288] [***115] Plaintiff Helen G. be designated the 'official scavenger and garbage Perez appeals from a judgment of dismissal entered collector' of the city. Every person owning, following the granting of a motion for summary occupying or in charge of any premises in the city 27 Cal. 3d 875, *880; 616 P.2d 1287, **1289; 168 Cal. Rptr. 114, ***116; 1980 Cal. LEXIS 205, ****3 shall, notwithstanding any other provisions of this of tenancy, shall be shut off." chapter, engage such official scavenger and
garbage collector for the collection and disposal of In summary the city's system, as we understand it, all garbage and rubbish accumulating, remaining contemplates that one wishing to avail himself of or existing upon any such premises and shall for the city's municipal services, after making such purpose furnish at his own cost and expense a application and deposit therefor, becomes entitled suitable receptacle or garbage can for the keeping to receive all of such services; that the garbage and storing of such garbage and rubbish. The city collection and disposal aspect of the municipal council may from time to time make such services is to be performed by a private company arrangements as may seem proper with the official under a contract binding it to remove garbage from scavenger and garbage collector for the collection all dwellings and other buildings in the city; that each such subscriber to municipal services is
by the city or its agents of monthly garbage bills;..
" (Italics added.) required to "engage" the company for this purpose; that the city includes, as a part of its unified billing Under currently applicable contractual provisions for municipal services, a fee set by contract for the contractor, the San Bruno Garbage Company, garbage collection and disposal; and that such fees, Inc., has agreed to "furnish all labor, material, and when collected, are divided between the city and equipment required for the collection and removal the private company on an 18/82 basis - the city of garbage [etc.] from all dwellings, business having no liability to the company for uncollected properties, and all other buildings and/or structures fees. within the [****4] City," to furnish its own dump
[*881] site, and to render the indicated services in [**1290] [***117] Plaintiff, who alleges that she accordance with a stated schedule of fees, said disposes of all garbage produced on her premises schedule being subject to renegotiation between the by means of sanitary recycling techniques, has parties at three-year intervals. Under the terms of since 1973 refused to pay that portion of the unified the contract the contractor "delegates to [the city] billing for municipal services which relates to the billing and collecting of garbage and refuse garbage collection [****6] and disposal. She has collection charges and agrees to pay to [the city] made her position in this matter known to city eighteen (18) percent of all sums collected for said authorities but has been informed that city services. It is agreed that Contractor will not hold regulations require use of and payment for garbage City responsible for non-collection or for errors in collection services by all city residents. Four legal billings, if any, whether through the fault of said actions have resulted, including that here before us.

City, or its employees, or not." Two of these were small claims actions by the city, As further discussed below, the city, pursuant to charges; one of these judgments was affirmed on 1382, routine in judent to find ene section 14-1 of its city code (quoted ante) includes appeal to the superior court. The third, filed by a charge for garbage collection and disposal on its plaintiff late in 1974, sought damages against the unified monthly billing covering all "municipal city for mental and emotional distress suffered by services" -- i.e., water, sewer, and garbage. The her as a result of the city's actions; it was here same section goes on to provide as follows: "No alleged that the city through its agents had person shall fail or refuse to pay the municipal threatened to shut off water service to her premises service charges provided for in this Code. [para. ] in order to enforce payment, and that such action, If any person shall fail or refuse to pay the lawful although authorized in the city code, would be charges, including both delinquent and current unconstitutional; no injunction was sought, charges, for any municipal services, the however. This action was dismissed after the trial water [****5] service to the premises, regardless court sustained the city's demurrer without leave to 27 Cal. 3d 875, *882; 616 P.2d 1287, **1290; 168 Cal. Rptr. 114, ***117; 1980 Cal. LEXIS 205, ****6 amend. that of prematurity. As indicated above, no
injunction was sought. In these circumstances we
It appears that in January 1976, the city, having cannot conclude that the judgment of dismissal in failed to obtain payment from plaintiff relating to the 1974 action was one based on the merits. The the garbage collection and disposal component of instant action, therefore, brought following the her bill for municipal services, shut off her water occurrence of the event for which relief was sought, service; for reasons [****7] which do not here is not barred. "Where a judgment is rendered for appear, service was restored approximately one the defendant on the ground of the non-existence of month later and has continued to the present. ' In some fact essential to the plaintiff's cause of action, the instant action, filed after denial of a claim the plaintiff is not |****9] precluded from against the city, plaintiff seeks damages resulting maintaining an action after such fact has from the one-month discontinuation of water subsequently come into existence." (Rest., service, which she claims was in violation of her Judgments, § 54; see Erlich v. Superior Court constitutional rights. The city moved for summary (1965) 63 Cal.2d 551, 556-557 [47 Cal. Rptr. 473. judgment on the grounds "that there is no triable 407 P.2d 649]; Mercer Casualty Co. v. Lewis issue of material fact on these issues, and that the (1940) 41 Cal. App. 2d 918, 923-924 /108 P.2d action.. . is barred by res judicata, collateral 65]; see also Rest.2d, Judgments (Tent. Draft No. estoppel, and the valid and lawful exercise of police 1) § 48.1, subd. (2); 4 Witkin, Cal. Procedure (2d power as a matter of law." The motion was granted, ed. 1971) p. 3317.) and plaintiff appeals from the ensuing judgment.
[**1291] [***118] (2a) We do believe, however,
[****8] 1 that certain issues sought to be raised in the instant (1) We do not believe that the instant action is proceeding -- namely those relating to the barred by the doctrine of res judicata -- which, defendant city's power to require all residents to generally speaking, "precludes parties or their subscribe to and make payments assessed by its privies from relitigating a cause of action that has garbage disposal service whether or not they make actual use of that service - must be deemed
been finally determined by a court of competent
jurisdiction." ( Bernhard v. Bank of America (1942) presently foreclosed to plaintiff. Pursuant to that 19 Cal.2d 807, 810[122 P.2d 892].) Plaintiff's aspect of the doctrine of res judicata known as 1974 action for damages, insofar as it sought collateral estoppel or issue preclusion "[any] issue monetary relief against a threatened cessation of necessarily decided [by the final determination of a water service, was clearly premature, no such cause of action by a court of competent cessation having then occurred. Although the jurisdiction] is conclusively determined as to the record before us does not [*883] contain the city's parties or their privies if it is involved in a subsequent lawsuit on a different cause
demurrer to that action, we must assume that a
primary, if not the only, ground of dismissal was of [****10] action. [Citations.] The rule is based upon the sound public policy of limiting litigation
by preventing a party who has had one fair trial on
' In 1977 plaintiff obtained a temporary restraining order enjoining an issue from again drawing it into controversy. the cessation of water service pending trial. In the proceedings [Citations.]" ( Bernhard v. Bank of America, supra, leading to the issuance of that order the city indicated that it had no 19 Cal.2d 807, 810-811.) As indicated above, two intention of discontinuing water service "pending the lawsuit." small claims judgments have been rendered against It appears from the record that at the time of the subject plaintiff which necessarily determined her liability discontinuation of water service plaintiff was delinquent on charges to make the subject payments; one of these was the for municipal services of S 73.48 -- all of which apparently related to subject of a subsequent appeal by her to the
garbage charges. As of February 1978 she was delinquent in the amount of $ 139.78. superior court, which it, following a trial de novo, 27 Cal. 3d 875, *883; 616 P.2d 1287, **1291; 168 Cal. Rptr. 114, ***118; 1980 Cal. LEXIS 205, ****10 affirmed. Included in the record before us is the We did not address in Sanderson the question of judgment and memorandum of decision of the the effect of an appeal by the small claims small claims court in this action; the court therein defendant to the superior court, and the affirmance expressly addresses the issues here in question, by that court of the small claims judgment. We did, noting plaintiff's contention relative to the effect of however, advert to a number of considerations her nonuse of the city's disposal system and relevant to a determination of this question. "There providing a careful and lucid explanation of the are a number of cases which illustrate the basis of liability, citing relevant authorities. Also application of the doctrine [collateral estoppel or contained in the record is the memorandum of issue preclusion] to inferior courts such as justices' decision of the superior court on appeal from the and municipal tribunals, where such courts, though small claims judgment; the court therein, after a with lesser jurisdiction, nevertheless function as trial de novo, expressly holds "that the City was courts of law with some form of pleadings, and in acting [*884] within its powers [****11] in accordance with legal rules of evidence and the imposing the charges for garbage collection even right of representation by counsel. In such cases though the defendant [plaintiff here] did not avail issues can be framed and decided and herself of the garbage collection services." (See therefore [****13] may be given conclusive effect Code Civ. Proc., § 911; Cal. Rules of Court, rule 61 in a subsequent suit based on a different cause of et seg.) action." (17 Cal.2d at pp. 574-575.)
(3) In Sanderson v. Niemann (1941) 17 Cal.2d 563 [**1292] [***119] The statutes of this state [110 P.2d 1025], we held that whereas a judgment provide, and have long provided, that when a losing of the small claims court may operate to merge defendant in a small claims action takes an appeal with or bar a subsequent proceeding on the same of the small 1*885] claims judgment to the cause of action, it could not be given collateral superior court, "... the action shall be tried anew" estoppel effect with respect to common issues in accordance with rules of practice and procedure arising in a subsequent proceeding on a different adopted by the Judicial Council. (Code Civ. Proc., cause of action. Our conclusion on this latter point § 117.10.) The relevant Judicial Council rule was reached in view of the characteristics of provides and has long provided that such a trial de informality inherent in the small claims proceeding. novo is to be "conducted pursuant to law and rules "... [There] are no attorneys, no pleadings and no in all respects as other trials in the superior court legal rules of evidence; there are no juries, and no
formal findings are made on the issues presented. conclusions of law shall be required." (Cal. Rules At the hearings the presentation of evidence may be of Court, rule 155.) It has recently been held that sharply curtailed, and the proceedings are often the right to a jury trial is available as in such "other terminated in a short space of time. The awards -- trials." (Smith v. Superior Court (1979) 93 Cal. although made in accordance with substantive law - App. 3d 977, 979 [156 Cal. Rptr. 149].) In view of - are often based on the application of common these considerations, we think it must be concluded sense; and the spirit [****12] of compromise and that when a losing defendant in a small claims conciliation attends the proceedings." ( Id., at p. action invokes his right of appeal to the 573; see also Code Civ. Proc., § 117) In these superior [****14] court, and when that court, circumstances, we concluded, a judgment in such pursuant to the above provisions, conducts a trial de an action should not preclude the relitigation of novo and enters judgment against such appealing issues decided therein in the context of a defendant, the considerations set forth in our subsequent proceeding on a different cause of Sanderson opinion are not applicable. (2b) action. (See also Rest.2d Judgments (Tent. Draft Accordingly, unless some other recognized No. 4) § 68.1, subd. (c), reporter's notes, pp. 44-45.) exception to the general rule is here pertinent (see 27 Cal. 3d 875, *885; 616 P.2d 1287, **1292; 168 Cal. Rptr. 114, ***119; 1980 Cal. LEXIS 205, ****14 generally, Rest.2d Judgments (Tent. Draft No. 4) § ability to dispose personally [****16] of all solid

68.1), it would appear that that rule must here wastes generated by them through recycling 3 or operate to foreclose plaintiff from arguing that the other acceptable means 4 -- clearly does not city lacks the power to require all residents to preclude a city, in the absence of some contrary subscribe to its garbage disposal service regardless provision of state law, from addressing the problem of actual use thereof. in the manner adopted by defendant.

Even if it be assumed that the legal question of the [****17] [**1293] [***120] I| city's power to impose charges in the indicated
circumstances is one of such great public The question of the kinds and nature of remedies importance that the doctrine of collateral estoppel available to cities and other local entities for the or issue preclusion should not be applied as a collection of charges imposed for utility services matter of policy (see City of Berkeley v. Superior provided to citizens is one which has received Court (1980) 26 Cal.3d 515, 520, fn. 5 /162 Cal. substantial and explicit attention by the Legislature.

Rptr. 327, 606 P.2d 362]; Chern v. Bank of Generally speaking, a general law city like America (1976) 15 Cal.3d 866, 872 [127 Cal. Rptr. defendant which chooses to provide such services itself rather than through formation of a special
110, 544 P.2d 1310]; Louis Stores, Inc. v.
district is governed in this respect by the provisions
Department of Alcoholic Beverage Control (1962)
57 Cal.2d 749, 758 [22 Cal. Rptr. 14, 371 P.2d of the Revenue Bond Law of 1941 (Gov. Code, § 758]; [****15] Rest.2d Judgments (Tent. Draft 54300 et seq.), S[****18] which deals with the operation and financing of various "enterprises" 6
No. 4) §§ 68; 68.1, subds. (b), (e), reporter's notes,
pp. 43-44, 46-48), it is manifest that this issue has undertaken by a "local agency." 7 The provisions of been properly decided below. It is well established
that the city, in the exercise of powers expressly ' Regarding the community development of recycling facilities, see granted it in the Constitution (Cal. Const., art. XI, § Government Code sections 68046, 68046.6 and 68047 7), may properly provide for the collection and
disposal of all residents' garbage by a private + There are, needless to say, many unacceptable means by which a person might himself undertake to dispose of garbage and other contractor (see Health & Saf. Code, § 4250; Matula (See Health & Saf. Code, §§ 4300 et seg. v. Superior Court (1956) 146 Cal. App. 2d 93, 98- (cremation of refuse); 4400, 4401 (dumping in navigable waters); 29 [303 P.2d 871]; Davis v. City of Santa Ana 4476 (contamination); 24390, subds. (b) and (c) (unlawful deposits (1952) 108 Cal. App. 2d 669, 676-677 (239 P.2d in litter receptacles); Pen. Code, §§ 374b, 374b.5, and 374e (littering), 592 (dumping rubbish in canals or ditches); Sts. & Hy. 656] and may require that even those residents Code, $ 888.2 (dumping refuse on parkway).) who do not choose to use such services pay all
Unless otherwise indicated, all section references hereafter are to reasonable and nondiscriminatory 2 charges
the Government Code.
assessed therefor. (See City /*886] of Glendale v.
6 ""'Enterprise' means a revenue-producing improvement, building, Trondsen (1957) 48 Cal.2d 93, 102-103 [308 P.2d system, plant, works, facilities, or undertaking used for or useful for 11) The fact that a city, pursuant to any of the following purposes: [para. ] (a) the obtaining, conserving. constitutional power, might select other means for treating, and supplying of water for domestic use .... [para. ] (b) preventing the accumulation of garbage within its The collection, treatment or disposal of garbage or refuse matter. [para. ] (c) the collection, treatment or disposal of sewage, waste or limits -- such as, for instance, providing exemption storm water, including drainage. [para. ]...." (§ 54309.) for those able to demonstrate their willingness and
"Enterprise includes, but is not limited to, all parts of the enterprise, all appurtenances to it, and: [para. ] (a) Lands, easements, rights in land, water rights, contract rights, and franchises; ..." (§ 54309.1) 2 Plaintiff suggests certain residents of the city, most notably those employed by the garbage company, are not required to pay for the The record neither supports nor refutes this 7 '"'Local agency' means any city... authorized to acquire, construct, allegation, and we do not address it further. own, or operate any enterprise as defined in Section 54309." (S 27 Cal. 3d 875, *886; 616 P.2d 1287, **1293; 168 Cal. Rptr. 114, ***120; 1980 Cal. LEXIS 205, ****18 this act, together with certain relevant provisions charges. Section 54348 provides for the imposition found elsewhere, envisage three basic remedies to of penalties for nonpayment. which a city may have recourse to enforce payment
(2) The lien procedure set forth in the Revenue
of delinquent charges: (1) an action for unpaid
deposits, [*887] charges, and penalties; (2) the Bond Law of 1941, which would appear to apply to all "enterprises" undertaken by a city or other "local
imposition of a lien on the real property served; and
(3) the cessation of services. We address each of agency," is contained in sections 54354, 54354.5, these in detail below. 54355 and 54356. These provisions contemplate a specific resolution or ordinance, adopted after
Before doing so, however, we advert to a provision notice and hearing, declaring that all delinquent which appears to have relevance to all remedies charges and penalties, when recorded as provided, available to a city which, like defendant, provides shall constitute a lien on the real property served. municipal sewer service among the services Insofar as the record before us shows, defendant rendered by it to its [****19] residents. Under the city has not adopted such a resolution or ordinance. provisions of section 54345, such a city or other
[*888] Section 38790.1 also makes
"local agency" may provide that sewer charges
"shall be collected together with and not separately specific [****21] provision for the imposition of such a lien by cities collecting garbage fees or
from the charges for any other utility service
rendered by it, and that all charges shall be billed charges "in the manner provided in Section 25831 for [**1294] [***121] counties." The meaning of
upon the same bill and collected as one item."
(Italics added.) As indicated above, the City of San this dispensation, in light of the high degree of Bruno has so provided in its city code. (See also § extrapolative powers required to take advantage of it, remains unclear. Insofar as the record before us
54346; Health & Saf. Code. § 5471.) 8
shows, defendant city has not ventured this way.

We turn to the matter of specific remedies.
(3) Section 54346 provides: "If all or part of the bill (1) Section 54353 provides: "As a remedy is not paid, the local agency may discontinue any * due and o and all service for which the bill is rendered." This established for the collection of due and unpaid
deposits and charges and the penalties [****20] section, immediately following that permitting thereon an action may be brought in the name of unified billing for all city services (§ 54345, see the local agency in any court of competent text accompanying fn. 8, ante), would clearly seem jurisdiction against the person or persons who to authorize the action by defendant city which is occupied or, in the case of unoccupied property, the subject of the instant lawsuit. ' The city code, as who owned the property when the service was indicated above, expressly provides that upon rendered or the deposit became due or against any failure to pay for "any municipal services, the water person guaranteeing payment of bills, or against services to the premises, regardless of tenancy, any or all of said persons, for the collection of the shall be shut off." amount of the deposit or the collection of
delinquent charges and all penalties thereon." [****22] It is provided in section 54357 that Section 54347 provides for the collection of "[remedies] for collecting and enforcing rates and charges set out in this chapter are cumulative and
may be pursued alternately, or any thereof may be
54307.)
& Similar or comparable provisions making 9 For similar or comparable provisions see, e.g., Public Utilities Code garbage disposal services exist regarding municipal utility districts section 12810 (municipal utility districts); Water Code section (Pub. Util. Code, § 12810); municipal water districts (Wat. Code, § 71689.22 (municipal water districts); and Government Code section 71689.22); and community services districts (Gov. Code, § 61621). 61621 (community services districts). 27 Cal. 3d 875, *888; 616 P.2d 1287, **1294; 168 Cal. Rptr. 114, ***121; 1980 Cal. LEXIS 205, ****22 used consecutively when the legislative body so stated by us in the following succinct terms: "In the determines... exercise of its police power [the legislative body] does not violate due process so long as an
(4a) It would appear from the foregoing that the enactment is procedurally fair and reasonably remedy invoked by defendant which is the subject related to a proper legislative goal. The wisdom of of the instant action -- i.e., unified billing of all city the legislation is not at issue in analyzing its services accompanied by cessation of water service constitutionality, and neither the availability of less upon failure to pay the unified billing in full -- is drastic remedial alternatives nor the legislative authorized by the general law of this state as well as failure to solve all related ills at once will invalidate by defendant's ordinances and codes. We are thus a statute. (Nebbia v. New York (1934) 291 U.S. brought to the primary question before us: Whether 502, 525 [78 L. Ed. 940, 949-950, 54 S. Ct. 505, 89 such provisions may be applied in a manner A.L.R. 1469]; Seagram & Sons v. Hostetter (1966) consistent with constitutional due process 384 U.S. 35, 47 /16 L. Ed. 2d 336, 345, 86 S. Ct. guarantees (U. S. Const., Amend. XIV, § 1; Cal. 1254]; Galvan v. Superior Court (1969) 70 Cal.2d Const., art. 1, § Z) to permit cessation of water 851, 869 [76 Cal. Rptr. 642, /**/295] /***122] service to enforce payment of a unified but 452 P.2d 9301; Wilke & Holzheiser, Inc. v. Dept. of itemized municipal services billing when the only Alcoholic Bev. Control (1966) 65 Cal.2d 349, 359 portion thereof remaining unpaid is that relating to [55 Cal. Rptr. 23, 420 P.2d 735].) [****24] " ( municipal garbage collection charges? It is to this Hale v. Morgan (1978) 22 Cal.3d 388, 398 [149 question that we now turn. 1° Cal. Rptr. 375, 584 P.2d 5121.) [****23] [*889] I| Leaving the matter of procedural fairness to one side for the moment, we believe that the stated
(5) The general rule applied by this and the United standard is that which is properly applicable in States Supreme Court in the examination of police- determining whether the substantive requirements power enactments against the requirements of the of the state and federal due process clauses have state and federal due process clauses was recently here been met. We recognize, of course, that legislation affecting certain specific rights -
namely those which either have been afforded
1° It appears that we, unlike the court in the recent case of Uhl v. Ness express constitutional protection or are of a
City, Kansas (10th Cir. 1979) 590 F.2d 832, must reach and decide the constitutional issue presented. There, in a case factually similar character so fundamental or "implicit in the concept in all relevant respects to that here before us, the trial court had held of ordered liberty" ( Palko v. Connecticut (1937) that "the termination, or threatened termination of public water 302 U.S. 319, 325 [82 L. Ed. 288, 292, 58 S. Ct. supplies for failure to pay an unrelated trash collection fee, is arbitrary and unreasonable, and violates plaintiffs' rights to due 149]) as to require equivalent protection (see, e.g., process of law under the Fourteenth Amendment." ( Uhl v. Ness Roe v. Wade (1973) 410 U.S. 113, 129, 152-156 City, Kansas (D. Kan. 1975) 406 F. Supp. 1012, 1018) The court of [35 L. Ed. 2d 147, 163-164, 176-179, 93 S. Ct. appeals, however - after terming the constitutional question 705]; Griswold v. Connecticut (1965) 381 U.S. 479 "interesting and substantial" and noting a considerable split of authority (590 F.2d at p. 84L) -- declined to reach it, instead [*890] [14 L. Ed. 2d 510, 85 S. Ct. 1678]) -- is affirming on the ground that preemptive state legislation prescribing subjected to a more searching level of scrutiny than the method for collection of unpaid garbage and solid waste removal that above indicated, " [****26] but we do not charges established an ad valorem tax levy and lien procedure as the exclusive remedy for nonpayment, precluding the remedy of cessation of water service. As we have indicated, however, the latter remedy is clearly authorized by express statutory provision in this " When rights of such fundamental nature are involved, "regulation state and, moreover, is made cumulative. Indeed, as we have limiting these rights may be justified only by a 'compelling state indicated, a cursory examination of the swarm of statutes relating to interest,' [citations], and ... legislative enactments must be narrowly this subject matter reveals that explicit authorization of the remedy drawn to express only the legitimate state interests at stake." (Roe v. occurs in a number of related contexts as well. (See fn. 9, ante.) Wade, supra, 410 U.S. at p. 155 /35 L. Ed. 2d at p. 178]; see also 27 Cal. 3d 875, *890; 616 P.2d 1287, **1295; 168 Cal. Rptr. 114, ***122; 1980 Cal. LEXIS 205, ****26 believe that the "right" to receive municipal water looked not to the rationality of the unified system in service may be classed in that category. I As the light of the legislative goal but to the functional United [****25] States Supreme Court has connection between the terminated service and that recently stated, "the customer's right to continued for which payment was withheld. Thus if it could [water] service is conditioned upon payment of the be said that the matter for which payment remained charges properly due, ..." ( Memphis Light, Gas & due was "unrelated" or "collateral" to the [*891] Water Div. v. Craft, supra, 436 U.S. 1, 11 [56 L. service terminated, termination was held to be Ed. 2d 30, 40].) In our view the determination of foreclosed. (See generally cases collected at which charges are "properly due" in light of Annot. (1974) 60 A.L.R.3d 714) The rationale constitutional demands -- and whose nonpayment appears to have been developed in cases involving may therefore justify a discontinuance of service - water and sewer service, the notion being that is to be made in light of traditional due process because these two services are so functionally standards. We therefore limit the scope of our "interlocked" -- in that neither can be effective inquiry to the question whether the legislative without the other -- termination of the former for scheme set forth in the statutes and ordinances we nonpayment of the latter results in no have considered bears a reasonable relationship to a unconstitutional action. (See [**1296] [***123] proper legislative goal. generally cases collected at Annot. (1952) 26 A.L.R.2d 1352; A.L.R.2d (Later Case Service 1970)
(4b) It is manifest that the provisions here in p. 271.) At the other [****28] extreme are cases in question are directed toward a proper and which one of the services involved lacked any legitimate public goal -- i.e., the protection of demonstrable connection to the goal of public public health. (See generally text accompanying health protection, let alone any functional fins. 2-4, ante, and authorities cited therein.) The interconnection. (See, e.g., Owens v. City of question, then, is whether those provisions may be Beresford (1972) 87 S.D. 8 [201 N.W.2d 890, 60 said to bear a reasonable relationship to that A.L.R.3d 707] (telephone and electrical laudable goal. To state the matter in specific terms: service/garbage service); Edris v. Sebring Utilities May a legislative scheme which permits (1) unified Commission (Fla. App. 1970) 237 So.2d 585 (water billing for all municipal utility services [****27] service/electrical service).) In these cases relating to public health protection, and (2) discontinuance of one service for nonpayment of termination of all or any of such services upon the other has been disallowed. failure to make payment in full, be said to bear a
reasonable relationship to the goal of public health Between these two extremes lie cases in which both protection? of the services involved are connected with the goal of public health protection but they are not
The early cases in this area, generally speaking, functionally "interlocked" to the extent of water and sewer services. Here we encounter cases such
as that at bar, involving the discontinuance of water
Griswold v. Connecticut, supra, 381 U.S. at p. 497 /14 L. Ed. 2d at Pp. 522-523] (conc. opn.).) service for nonpayment of garbage or sanitation charges. We have been able to discover only three
12 This does not mean, of course, that the availability of water cases of this particular kind (excluding the service, albeit conditional, may be terminated without affording superseded federal district court decision in Uhl v. some fair procedure to determine whether the requisite conditions are satisfied. (See Memphis Light, Gas & Water Div. v. Craft (1978) Ness City, Kansas, supra, 406 F. Supp. 1012 - see 436 U.S. 1, 9-19 [56 L. Ed. 2d 30, 39-45, 98 S. Ct. 1554]; also fn. 10, ante.) In Garner v. City of Aurora (1948) compare Dandridge v. Williams (1970) 397 U.S. 471, 484-485 (25 L. 149 Neb. 295 /30 N.W.2d 917] [****29] the court, Ed. 2d 491, 501, 90 S. Ct. 1153] with Goldberg v. Kelly (1970) 397 following the functional analysis, ignored the
U.S. 254, 264 (25 L. Ed. 2d 287, 297, 90 S. Cl. 1011].) We address this matter below. common public health aspect of both services and 27 Cal. 3d 875, *891; 616 P.2d 1287, **1296; 168 Cal. Rptr. 114, ***123; 1980 Cal. LEXIS 205, ****29 simply applied cases involving electric services, demonstrable relationship to the goal of public holding garbage collection to be "collateral" to or health protection. Pursuant to express provisions of "independent" from water service and therefore state law (§§ 54345 and 54346), [****31] it has precluding discontinuance of the latter for provided by ordinance and city code that these nonpayment of the former. services shall be billed on a unified basis and that upon failure to pay the bill in full water service
In two subsequent cases, however, the courts laid shall be discontinued. Under applicable heavy emphasis on the fact that each of the two constitutional standards these provisions, if subject services formed a part of the city's unified procedurally fair (a matter to be considered below), public health and sanitation program, questioning cannot be said to violate the demands of due the relevance of functional interdependence to the process if they are "reasonably related to a proper constitutional issue. "It is shown by this record," legislative goal." ( Hale v. Morgan, supra, 22 the court said in Cassidy v. City of Bowling Green Cal.3d 388. 398) That relationship is, we think, (Ky. App. 1963) 368 S.W.2d 318, "that for public manifest: In order to encourage and assure the health and sanitation purposes the City furnishes support of all components of the city's public health water service, sewerage service, and garbage and sanitation program, it has made the continuance disposal service. They are all inter-related and the of all of the offered utility services contingent upon City is under no obligation to furnish any or all of the payment for all. The city, in short, has these services except upon the payment of concluded that public [**1297] [***124] health reasonable charges. This public health program, considerations require that all city residents both while divided into separate [*892] administrative avail themselves of and provide support for all of units, is a single program. Any reasonable method the indicated municipal health services rather than of collection is justified and certainly picking and choosing among them. Whatever we deprives [****30] appellants of no constitutional might think about the advisability or wisdom of rights." ( Id., at p. 320.) such a system, it cannot be gainsaid that it is reasonably related to the proper and legitimate goal
In City of Breckenridge v. Cozart (Tex. Civ. App. sought to be achieved. 13 "The [****32] wisdom of 1972) 478 S.W.2d 162, the court, after reviewing the legislation is not at issue in [*893] analyzing both Garner and Cassidy, adopted the reasoning of its constitutionality, and neither the availability of the latter case. "Environmental conditions have
less drastic remedial alternatives nor the legislative
changed radically since the Aurora case was failure to solve all related ills at once will invalidate decided in 1948," the court noted. It adverted to a a statute." ( Hale v. Morgan, supra, 22 Cal.3d 388, recent state statute authorizing discontinuance of 398.) any or all other utility services "[to] aid in
enforcing collection of fees for ... solid waste [****33] It is true, of course, that when a disposal service ...." and held that the city's
discontinuance of water service, under the terms of
its own ordinance, resulted in no constitutional 13 It is clear, of course, that what we have said cannot be read to violation. (Id., at p. 165.) suggest that all unified billing procedures for city services are constitutionally authorized. Section 54309, which sets forth the We believe that the rationale of the Cassidy case, types of "enterprises" which a city might undertake pursuant to the provisions of the Revenue Bond Law of 1941, lists several areas of adopted in Cozart, is properly applicable here. The
service which bear no clear connection to the goal of public health city, in the exercise of its police power, provides protection -- e.g., the providing of public parking lots, airports, and three municipal utility services -- i.e., water service, golf courses. A situation in which a city, pursuant to sections 54345 sewer service, and garbage collection and disposal and 54346, might undertake to include within its unified billing service - all of which bear a clear and procedure services other than those of a utility nature relating to public health protection, would present issues not here before us. 27 Cal. 3d 875, *893; 616 P.2d 1287, **1297; 168 Cal. Rptr. 114, ***124; 1980 Cal. LEXIS 205, ****33 statutory or legislative scheme utilizes a means to or charged for services not rendered" ( id., at p. 16 reach its end and which is unduly harsh or exacts a [56 L. Ed. 2d at p. 43], fn. [****35] omitted). The penalty which may be deemed oppressive in light availability of a remedy by way of injunction is not of the legitimate objectives sought to be achieved, "an adequate substitute for a pretermination review it may be held to be violative of constitutional due of the disputed bill with a designated employee." ( process guarantees. (Hale v. Morgan, supra; Id., at p. 20(56 L. Ed. 2d at p. 46].) Walsh v. Kirby (1974) 13 Cal.3d 95, 105-106 /118
Because California law does not permit the
Cal. Rptr. 1, 529 P.2d 33]; People v. Western Air
Lines, Inc. (1954) 42 Cal.2d 621, 642 [268 P.2d termination of utility service to a customer without 723], and cases there cited.) Here, however, we are good cause ( Schultz v. Town of Lakeport (1936) 5 Cal.2d 377, 381-382 /54 P.2d 1110, 55 P.2d 485,
not concerned with a remedy in the nature of a
penalty or exaction. Rather we deal with a system 108 A.L.R. 1168]), the requirements set forth in the whereby a city, in furtherance of its police power Memphis case are fully applicable here. and pursuant to statutory authorization, chooses to Included in the record herein is a delinquency make the availability of all municipal utility notice mailed to defendant sometime following the services relating to public health protection
one-month termination of water service of which
contingent upon payment in full of a unified billing
she here complains. [**1298] [***125] We
therefor. While those residents who do not choose assume that a similar notice was sent her prior to to take part in the system in accordance with its
the subject termination. The notice provides inter
terms may suffer serious practical consequences in
alia that "[the] amount due for utilities [appearing
the form of discontinued services, we cannot on the notice] includes the amount, if any, of conclude that an unconstitutional deprivation
unpaid charges for water, sewer, and/or garbage
results. service." It also provides: "Local ordinance requires [****34] IV your account to be paid in full no later than the date noted below or the respective service will be
(6) In the case of Memphis Light, Gas & Water discontinued without further notice (that is, Div. v. Craft, supra, 436 U.S. L, the United States [****36] failure to pay the amount due for utilities Supreme Court held that when state law precludes may result in the discontinuation of your water, the termination of utility service other than for good sewer, and garbage service .... )" A phone number cause, there arises" a 'legitimate claim of is provided, to be called "if your bill is lost." It is entitlement' within the protection of the Due clear that this document did not provide the notice Process Clause" ( id., at pp. 11-12 [56 L. Ed. 2d at required by Memphis; it "was not 'reasonably p. 40]) requiring that a constitutionally adequate calculated' to inform [plaintiff] of the availability of notice and hearing procedure be afforded prior to 'an opportunity to present [her] objections''' to her termination in order "to afford reasonable assurance bill. ( Memphis, supra, 436 U.S. at p. 14 / 56 L. Ed. against erroneous or arbitrary withholding of 2d at p. 42].) essential services" ( id., at p. 18 (56 L. Ed. 2d at p. 44]). The form of notice required in such cases is It does not appear that city procedures at the time of one which is "reasonably calculated' to inform the termination here in question provided a specific [customers] of the availability of 'an opportunity to channel for pretermination review of a disputed bill present their objections' to their bills" ( id., at p. 14 with a designated employee empowered to resolve [56 L. Ed. 2d at p. 42]); the necessary hearing is such disputes. In this respect as well, then, the one which provides "an opportunity for the city's procedures fell short of that required by the presentation to a designated [*894] employee of a Memphis case. customer's complaint that he is being overcharged In spite of the foregoing we are reluctant to reverse 27 Cal. 3d 875, *894; 616 P.2d 1287, **1298; 168 Cal. Rptr. 114, ***125; 1980 Cal. LEXIS 205, ****36 the instant judgment on the ground of the city's with broad administrative powers acts in an failure, in 1975, to provide the procedural arbitrary manner so as to affect capriciously the protections required by the 1978 Memphis case. As property or property rights of persons subjected to we have indicated, the instant dispute dates back to its administrative controls." (Walsh v. Kirby (1974) 1973, when plaintiff first took the position that her 13 Cal.3d 95. 105-106 /118 Cal. Rptr. 1, 529 P.2d nonuse of city garbage collection services should 33]; see also U. S. Const., 14th Amend., § 1; Cal. relieve [****37] her from that portion of her bill Const., art. I, § 7, subd. (a).) for municipal services which related to garbage
collection. Since that time she has apparently Although the majority state they recognize that due [*895] had numerous conversations with city process may be violated when a statute "is unduly officials in which she has made her position clear. harsh or exacts a penalty which may be deemed Four legal actions have resulted, one of which oppressive in light of the legitimate objectives yielded a memorandum of decision containing a sought to be achieved ..." (maj. opn., ante, at p. patient and lucid explanation of the legal basis of 893), they quickly conclude that the present her liability for the garbage-collection component ordinance does not impose such a penalty. Again, I cannot agree.
of the municipal services bill; the judgment in this
latter case was affirmed by the superior court Here, the ordinance requires that "If any person following a trial de novo. Plaintiff's position was shall fail or refuse to pay the lawful charges... for clear and well-defined, as was that of the city. Her any municipal [****39] services, the water service complaint was not one of inadvertent overcharge or to the premises, regardless of tenancy, shall be shut double billing; her complaint was that of the city's off." [**1299] [***126] (San [*896] Bruno system, insofar as it billed her for unused services, City Code, § 14-1.) It should first be noted that this was in violation of the substantive requirements of provision operates without regard to the availability the due process clause. In these circumstances we of other, less draconian, means of collection. In this cannot conclude that her failure to receive notice
case, the city had obtained judgments for amounts
and hearing of the kind made requisite in Memphis due from plaintiff yet made no showing of attempts prior to the one-month termination of service here to enforce those judgments. Overlooked by the in question operated to deprive her of her right to majority is the fact that the city required a "service fundamental fairness of procedure. deposit" before implementing its contract with plaintiff. However, there is no indication that this
The judgment is affirmed.
deposit was insufficient to cover the unpaid
Dissent by: BIRD; MOSK garbage bills. The inescapable conclusion is that the city intended to exact a penalty by turning off
Dissent plaintiff's water.

The arbitrary nature of the ordinance is further
shown by the fact that water, clearly a necessity of
BIRD, [****38] C. J., Dissenting. Today, this life, is singled out for termination no matter which court holds that a city which enjoys a virtual
a vital service (water) municipal service has not been paid. Further, the monopoly in supplying
termination of water service is not interrelated nor
breached no duty when it cut off a homeowner's
the billing "unified" with other services. The
paid-for water supply for nonpayment of a garbage
collection bill. I cannot agree. ledger supplied by the city shows separate columns of amounts charged for garbage, sewer, and water
Under the Constitution, a person is denied due services. Moreover, [****40] the city in filing process of law when a "governmental entity vested suit for the back garbage charges implicitly 27 Cal. 3d 875, *896; 616 P.2d 1287, **1299; 168 Cal. Rptr. 114, ***126; 1980 Cal. LEXIS 205, ****40 admitted the severability of those charges from judgment for an unpaid municipal service bill. other items of the bill. That was done through small claims court, but curiously the city has not attempted to satisfy its
It is only to state the obvious to note that a person judgment. It may also terminate that service for cannot exist without water. This court has a history which payment has not been made. When it of protecting necessities of life from arbitrary attempts, however, to shut off [****42] water -- a governmental interference. Even a prejudgment necessity of life -- to satisfy a debt for garbage attachment scheme which affords notice of hearing collection, it transcends constitutional or statutory and other procedural guarantees must exempt authority.
necessities from such attachment as an initial
matter. (See Randone v. Appellate Department The statute upon which the majority rely is (1971) 5 Cal.3d 536, 563 /96 Cal. Rptr. 709, 488 Government Code section 54346, but I find that P.2d 13]; see also 11 Cal. Law Revision Com. Rep. reliance to be misplaced. The section provides that (1973) p. 724.) if the bill is not paid in full a local agency "may discontinue any and all service for which the bill is
A "law must not be unreasonable, arbitrary or rendered" (italics added). It is unquestioned here capricious but must have a real and substantial that the bill was rendered and unpaid only for relation to the object sought to be attained." ( Gray garbage collection service. In my view the city was v. Whitmore (1971) 17 Cal. App. 3d 1, 21 (94 Cal. thus permitted to discontinue that service and that Rptr. 904].) From the record before this court, the service alone, a remedy in which Mrs. Perez would present ordinance fails to meet that test. Since the have enthusiastically acquiesced. Had the city city has not shown that "there is no triable issue as adopted that rational course, it would have avoided to any material fact and that [it] is entitled to a Simon Legree image and the courts would have judgment as a matter of law" ( Code Civ. Proc., § been spared this unnecessary litigation. 437c), the judgment of the [****41] trial court
should be reversed. [**1300] [***127] The contention that water service, sewerage service, and garbage disposal
MOSK, J., Dissenting. I agree with the dissenting service are interlocking components of a public opinion of the Chief Justice that the San Bruno City health program has a certain superficial appeal.

Code section 14-1 requiring water service to be But the fact is that in this instance each is terminated for failure to pay charges for any separately calculated, particularly the garbage municipal [*897] services cannot withstand collection which is undertaken by a private scrutiny under California Constitution article I, business enterprise [****43] and not by a section 7, subdivision (a), either on its face, or department of the municipal government. certainly as applied here. The fundamental charter
of our state protects all persons from deprivation of As the majority indicate, there are no cases on this life without due process; it seems obvious that the subject in California and remarkably few anywhere. arbitrary denial of water -- merely to satisfy a civil Perhaps that is because a general rule has long been debt -- imperils life and thus cannot be reconciled accepted that a public utility corporation cannot with the process due any person in a constitutional refuse to render the service which it is authorized to society. (See Memphis Light, Gas & Water Div. v. furnish, because of some collateral matter not Craft (1978) 461 U.S. 1 [56 L. Ed. 2d 30, 98 S. Ct. related to that service. This rule, and its specific 1554].) application denying to a public service corporation any right to refuse its public service because the
The city has ample remedies to employ against a patron is in arrears with it on account [*898] of recalcitrant homeowner. It may obtain a civil some collateral or independent transaction, not 27 Cal. 3d 875, *898; 616 P.2d 1287, **1300; 168 Cal. Rptr. 114, ***127; 1980 Cal. LEXIS 205, ****43 strictly connected with the particular service, has unused. Of such quiet heroics are martyrs born. ' been generally applied to deny the right of a Two and a half decades ago Mrs. Rosa [*899] municipality to cut off a service provided by it to Parks annoyed the officials of Montgomery, one of its residents for his failure to pay for another Alabama, simply by insisting that she should not be unrelated service provided by the municipality. (60 required to sit in the back of the bus. (Kluger, A.L.R.3d 715-716.) Simple Justice (1975) p. 750.) Just as Mrs. Parks resisted bureaucracy for a principle -- and
The only exception to the foregoing rule is if the ultimately brought about the end of compulsory services rendered by the utility or the municipality segregation in the south -- so Mrs. Perez in are identical in nature or so closely related that they apparent splendid solitude is resisting a municipal may be said to interlock. The only case directly in bureaucracy for a principle. Although the majority point was decided by the Nebraska Supreme Court. fail to see it, I believe due process and justice are In Garner v. City of Aurora (1948) 149 Neb. 295 her companions. 30 N.W.2d 9171, [****44] a city collected
garbage and trash and, like the instant case, [****46] I would reverse the judgment. submitted one bill to homeowners. For failure to
pay the delinquent garbage collection portion of the
End of Document
bill, the water service to petitioner was terminated.

The court enjoined the city from disconnecting
water service, holding that garbage collection and
water service are separate and distinct provisions.
(Also see Owens v. City of Beresford (1972) 87
S.D. 8 [201 N.W.2d 890, 60 A.L.R.3d 707].)
Our Legislature has consistently frowned upon the
arbitrary termination of essential utility services.

Where improperly undertaken by a private landlord
severe civil sanctions are authorized. ( Civ. Code, §
789.3; Kinney v. Vaccari (1980) 27 Cal.3d 348
[165 Cal. Rptr. 787, 612 P.2d 8771) Specific due
process requirements have been prescribed prior to
termination of service by a public utility. ( Pub.

Util. Code, §$ 772, 780.) What is improper conduct
for a private landlord and for a public utility would
seem to be equally improper for a municipality. my within Here the city has acted inconsistently with the
implied [****45] legislative intent to prevent
unnecessary denial of utility service. Such
insensitive conduct demonstrates that to a
bureaucrat with a hammer in his hand everything
looks like a nail.
' The city officials apparently agree with Justice Oliver Wendell Mrs. Perez, who has acted in propria persona Holmes who once wrote: "I do despise a martyr. He is a pigheaded adherent of an inadequate idea." (Howe, Holmes-Laski Letters throughout these proceedings, has undoubtedly (1953) p. 119) And later he added that "martyrs were apt to be annoyed city officials by insisting that one should damned fools." (Id., p. 227) Yet history has demonstrated over and not pay for municipal services unneeded and again that principled zealots frequently achieve an ultimate transition from obloquy to apotheosis.

OF

ANORPORATO

STAFF REPORT
ANE 10.1004 ETNA CITY COUNCIL

OU COUN
To: City Council Members
From: City Staff
Date: September 28, 2026
Subject: Review of Penalty Charges
RECOMMENDATION:

Staff recommends that the Peterson appeal be continued discussion and possible action at the October 26" meeting to allow staff additional time to research.

DISCUSSION:
§ 13.08.070 Delinquent water bills.

All rates, charges and bills for water service are due and payable in advance on the first day of each month and shall become delinquent on the twentieth day of such month. If such rates, charges and bills are not paid on or before the twentieth day of such month, a penalty of 1o percent shall be added to the amount of such rates, charges and bills as are not so paid, after delivery of notice of delinquency.
https://ecode360.com/48000692
Based on the wording "a penalty of 10 percent shall be added to the amount of such rates, charges and bills as are not so paid" it is understood that the 10% penalty applies to the unpaid rates, charges, and bills that are delinquent, not just the most recent monthly bill.

This provision appears to establish:

1. Bills are due on the 1s of each month.

2. They become delinquent on the 20th.

3. If the amount is still unpaid a 10% penalty is added to the amount that remains unpaid. 429602.1
**Below is printed on the bill**
EXPLANATION OF CODES: PLEASE MAKE CHECKS PAYABLE TO:

WA- Water CITY OF ETNA
SE - Sewer IMPORTANT NOTICE: PAYMENT MUST BE IN OUR OFFICE ON OR BEFORE PE - Penalty THE 20TH OF THE MONTH OR A 10% PER MONTH LATE CHARGE WILL BE PB - Previous Balance ASSESSED. IF DELINQUENT OVER 90 DAYS AFTER BILLING, SERVICE WILL WO - Water On/Off Charge BE DISCONTINUED AND TOTAL AMOUNT DUE PLUS SERVICE CHARGES OF RC - Returned Check $10 WILL BE REQUIRED FOR RECONNECTION.

WU - Water Usage
Failure to receive bill does not waive past due penalty FINANCIAL IMPACT:

Unknown at this time.
429602.1

STAFF REPORT
VUNE 10, 1005 ETNA CITY COUNCIL
To: City Council Members
From: Mayor Munson
Date: Sept. 28, 2026
Subject: City Credit Card Usage
RECOMMENDATION: Discussion/Action regarding credit card usage DISCUSSION: At a prior meeting, the Council requested a review of credit card usages.

Attached is a detailed spreadsheet with the May, June, July and August statements. With the current Public Works projects, it is imperative that the City wisely spend our resources. In anticipation of the slow reimbursement process, I authorized the City Clerk to send emails to Department Heads, on two occasions, requesting purchases be kept to a minimum until construction has slowed. We are holding the monthly payments and our yearly insurance payments which were due in July until the cash flow is less fragile.

FINANCIAL IMPACT: As of Friday, September 23, our banking accounts are totaling just under $220,000.
429602.1

US BANK MONTHLY STATEMENT
5/8/2026 $ 13,755.82
DEPT. AMBULANCE
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 50-500-6100 4/9/2026 $ 255.00 Med-Packs LLC Pressional & Contract Services 50-500-6100 $ 255.00 50-500-6420 4/10/2026 $ 790.37 Les Schwab Tires 50-500-6420 $ 9,009.37 50-500-6520 4/13/2026 $ 70.22 Amazon Office Supplies 50-500-6520 70.22 50-500-6000 4/13/2026 $ 65.98 Exxon Travel & Training 50-500-6000 152.13 50-500-6000 4/14/2026 $ 86.15 Love's Travel & Training 50-500-6600 7.10 50-500-6600 4/17/2026 $ 7.10 Amazon Medical Supplies $ 9,493.82 50-500-6420 4/28/2026 $ 4,993.87 Deala's Garage Vehicle Maint.

TOTAL $ 6,268.69

CITY CLERK
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 10-110-6520 4/14/2026 $ 20.37 Amazon Office Supplies 10-110-6520 136.88 10-110-6520 4/14/2026 $ 14.39 Amazon Office Supplies 10-110-6260 100.00 10-110-6260 4/16/2026 $ 100.00 WIX Dues 236.88
10-110-6520 41372026 $ 102.12 Amazon Office Supplies
TOTAL 236.88
POLICE
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC.
10-141-6530 4/10/2026 $ 330.42 SP First Tactical SPLIT PD Gear Eric 240.66 53-140-6530 330.41 SPLIT PD Gear Eric $ 69.60
$ 660.83 $ 207.92
10-141-6530 4/11/2026 234.65 LA Police Gear SPLIT PD Gear Eric 25.44 53-140-6530 $ 234.66 SPLIT PD Gear Eric 24.44
$ 469.31 $ 565.07
10-140-6260 4/20/2026 $ 5.00 Ring Plan Monthly Subscription 235.67 10-140-6290 4/21/2026 $ 69.60 Fedex Postage 565.07
10-140-6530 4/28/2026 $ 24.44 Amazon Tools 235.67
10-140-6520 4/29/2026 $ 25.44 Amazon Office Supplies $ 2,169.54 10-140-6260 4/19/2026 $ 175.00 SOCAL Radar SPLIT Recert PD Cars 10-141-6260 $ 175.00 SPLIT Recert PD Cars
53-140-6260 175.00 SPLIT Recert PD Cars
$ 525.00
10-140-6260 60.66 SPLIT Transunion Subcription
10-141-6260 60.67 SPLIT Transunion Subcription
53-140-6260 60.67 SPLIT Transunion Subcription
$ 182.00
TOTAL $ 1,961.62

PUBLIC WORKS
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC.
50-500-6420 4/10/2026 $ 485.67 Napa Vehicle Maint. Amb LINE ITEM SUMMARY 23-300-6440 4/21/2026 $ 105.79 Yreka Ace Maint. & Supplies Pool 23-300-6440 $ 1,043.44 23-300-6440 4/23/2026 $ 454.41 Amazon Maint. & Supplies Pool 40-400-6440 $ 252.84 40-400-6440 4/28/2026 $ 252.84 Harbor Freight SPLIT Maint & Supplies Water 40-400-6260 $ 53.62 45-450-6440 $ 252.84 SPLIT Maint & Supplies Sewer 45-450-6440 $ 252.84 23-300-6440 $ 252.84 SPLIT Maint & Supplies Pool 10-200-6440 $ 252.84 10-200-6440 $ 252.84 SPLIT Maint & Supplies Streets $1,855.58 $ 1,011.36
40-400-6260 5/2/2026 $ 53.62 R&R Fitness Montly Membership 50-500-6420 5/4/2026 $ 2,587.50 Deala's Garage Vehicle Maint. Amb 50-500-6420 4/15/2026 $ 151.96 Costco SPLIT Vehicle Maint. Amb 10-140-6420 $ 207.92 SPLIT Vehicle Maint. PD
$ 359.88
23-300-6440 4/21/2026 $ 230.40 Harbor Freight Maint. & Supplies Pool TOTAL $ 5,288.63
Total May CC $ 13,755.82 Total GL Summary $ 13,755.82

US BANK MONTHLY STATEMENT
6/10/2026 $ 5,107.40
DEPT. AMBULANCE
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 50-500-6520 5/27/2026 $ 29.98 Amazon Office Supplies 50-500-6520 29.98 TOTAL 29.98 50-500-6420 $ 3,105.00
$ 3,134.98
DEPT. CITY CLERK
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC LINE ITEM SUMMARY 10-110-6520 5/8/2026 $ 19.21 Amazon Office Supplies 10-110-6520 I$ 595.83 10-110-6520 5/27/2026 $ 576.62 Forms Fulfillment Office Supplies New Checks TOTAL $ 595.83
DEPT. POLICE
LINE ITEM DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 10-140-6530 5/13/2026 $ 17.14 Amazon PD Gear 10-140-6530 $ 40.64 10-141-6520 5/13/2026 $ 13.07 Amazon Office Supplies 10-140-6260 238.62 10-141-6290 5/14/2026 $ 32.21 Fedex Postage 10-140-6520 131.52 10-141-6430 5/15/2026 $ 37.50 QV Fuel SPLIT Fuel Eric $ 131.73 53-140-6430 37.50 SPLIT Fuel Eric 10-141-6260 233.63
$ 75.00 10-141-6430 $ 37.50
10-140-6260 5/20/2026 $ 5.00 Ring Plan Monthly Subscription 10-141-6530 23.50 10-140-6260 6/4/2026 $ 91.66 SOCAL Radar SPLIT Recert PD Cars 10-141-6290 $ 32.21 10-141-6260 91.67 SPLIT Recert PD Cars 53-140-6430 $ 37.50 53-140-6260 91.67 SPLIT Recert PD Cars 53-140-6260 $ 233.63 275.00 53-140-6520 $ 118.67
10-140-6260 6/2/2026 $ 62.00 SPLIT Transunion Subcription 53-140-6530 $ 23.50 10-141-6260 $ 62.00 SPLIT Transunion Subcription $ 1,282.65 53-140-6260 62.00 SPLIT Transunion Subcription
$ 186.00
10-140-6260 5/21/2026 79.96 Adobe SPLIT Adobe Subscription 10-141-6260 79.96 SPLIT Adobe Subscription
53-140-6260 79.96 SPLIT Adobe Subscription
239.88
10-140-6520 6/3/2026 $ 12.86 Amazon Office Supplies
10-140-6520 6/3/2026 48.96 Amazon SPLIT Office Supplies 10-141-6520 48.96 SPLIT Office Supplies
53-140-6520 $ 48.96 SPLIT Office Supplies
$ 146.88
10-140-6520 6/5/2026 $ 69.70 Amazon SPLIT Office Supplies 10-141-6520 69.70 SPLIT Office Supplies
53-140-6520 69.71 SPLIT Office Supplies
209.11
10-140-6530 23.50 Fullidentity SPLIT PD ID Cards
10-141-6530 23.50 SPLIT PD ID Cards
53-140-6530 23.50 SPLIT PD ID Cards

70.50 TOTAL $ 122250
DEPT. PUBLIC WORKS
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC.
50-500-6420 6/5/2026 $ 3,105.00 Deala's Garage Vehicle Maint. Amb LINE ITEM SUMMARY 40-400-6260 6/2/2026 $ 53.62 R&R Fitness Monthly Dues (40-400-6260 $ 53.62 40-400-6530 5/29/2026 $ 33.22 Amazon Special Supplies 40-400-6530 33.22 TOTAL $ 3,191.84 $ 86.84
DEPT. POOL
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC.
23-300-6520 6/2/2026 $ 7.10 Dollar General Office Supplies LINE ITEM SUMMARY TOTAL $ 7.10 23-300-6520 $ 7.10
TOTAL June CC $ 5,107.40 TOTAL GL Summary $ 5,107.40

US BANK MONTHLY STATEMENT
7/8/2026 $ 3,110.12
DEPT. AMBULANCE
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC LINE ITEM SUMMARY TOTAL
DEPT. CITY CLERK
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC LINE ITEM SUMMARY 10-110-6520 6/11/2026 $ 138.95 Staples Office Supplies 10-110-6520 $ 138.95 23-300-6440 6/12/2026 $ 35.38 Amazon Supplies Pool 10-200-6440 $ 406.69 10-300-6440 6/13/2026 $ 140.12 Amazon Supplies Park $ 545.64 23-300-6440 6/15/2026 $ 299.99 Amazon SPLIT Maint. Supplies Pool 10-200-6440 299.98 SPLIT Maint. Supplies Buildings
$ 599.97
23-300-6440 6/23/2026 $ 106.71 Amazon SPLIT Maint. Supplies Pool 10-200-6440 106.71 SPLIT Maint. Supplies Buildings
213.42
TOTAL $ 1,127.84
DEPT. POLICE
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 10-140-6520 6/30/2026 $ 34.09 Amazon Office Supplies 10-140-6520 $ 34.09 10-140-6260 6/20/2026 $ 5.00 Ring Plan Monthly Subscription 10-140-6260 67.37 10-140-6260 7/2/2026 $ 62.37 Transunion SPLIT Transunion Subcription 10-140-6530 111.51 10-141-6260 62.36 SPLIT Transunion Subcription 10-141-6260 62.36 53-140-6260 62.37 SPLIT Transunion Subcription 10-141-6530 55.76 187.10 53-140-6260 62.37
10-140-6530 6/10/2026 $ 111.51 Badge&Wallett SPLIT PD Nate Badge 53-140-6530 $ 55.76 10-141-6530 55.76 SPLIT PD Nate Badge $ 449.22
53-140-6530 55.76 SPLIT PD Nate Badge
$ 223.03
TOTAL $ 449.22
DEPT. PUBLIC WORKS
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR ( BRIEF DESC. LINE ITEM SUMMARY 10-300-6440 6/12/2026 $ 314.46 Amazon Park Supplies 10-300-6440 $ 454.58 40-400-6440 6/24/2026 $ 3.96 Shell Ice Water Samples 40-400-6440 3.96 40-400-6090 6/24/2026 $ 55.00 SWRCB Operator Renewal 40-400-6090 56.51 40-400-6090 6/24/2026 $ 1.51 OPC State Fee OPC State Fee 40-400-6260 $ 54.38 10-150-6400 7/1/2026 $ 626.74 Erik Surplus Fire Dept. Hydrolic Part $ 569.43 40-400-6260 7/2/2026 $ 54.38 R&R Fitness Monthly Subscription TOTAL $ 1,056.05
DEPT.

LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 10-150-6260 7/4/2026 $ 166.50 Active 911 Subscription Renewal 10-150-6260 $ 166.50 TOTAL $ 166.50 10-150-6400 $ 626.74
793.24
DEPT. POOL
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 23-300-6440 6/8/2026 $ 54.74 Dollar General Maint. & Supplies 23-300-6440 $ 722.59 23-300-6440 6/16/2026 $ 6.50 Dollar General Maint. & Supplies 23-300-6260 $ 30.00 23-300-6440 6/17/2026 $ 5.89 Amazon Maint. & Supplies $ 752.59 23-300-6440 6/17/2026 $ 66.47 Amazon Maint. & Supplies
23-300-6440 6/23/2026 $ 83.65 Amazon Maint. & Supplies
23-300-6260 6/24/2026 $ 30.00 JOINHOMEBASE.CC Subscription 23-300-6440 6/26/2026 $ 39.87 Amazon Maint. & Supplies
23-300-6440 6/29/2026 $ 10.73 Dollar General Maint. & Supplies 23-300-6440 6/30/2026 $ 12.66 Dollar General Maint. & Supplies TOTAL $ 310.51
TOTAL July CC $ 3,110.12 TOTAL GL Summary $ 3,110.12

US BANK MONTHLY STATEMENT
8/10/2026 $ 8,701.96
DEPT. AMBULANCE
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 50-500-6000 7/15/2026 $ 50.00 HSI Emergency Care Training 50-500-6000 $ 231.18 50-500-6000 7/15/2026 $ 32.18 HSI Emergency Care Training 50-500-6420 $ 5,800.60 50-500-6420 7/16/2026 $ 730.87 Deala's Garage Vehicle Repairs 50-500-6520 242.17 50-500-6520 7/17/2026 $ 38.18 Amazon Office Supplies $ 6,273.95 50-500-6000 7/18/2026 $ 149.00 LC Ready Limmer ED Training 10-300-6440 7/19/2026 $ 39.59 Walmart Laundry Supplies Park 50-500-6520 7/20/2026 $ 12.80 Amazon Office Supplies
50-500-6520 7/20/2026 $ 8.88 Amazon Office Supplies
10-150-6530 7/20/2026 $ 45.00 SP Drink Electrolites Fire Dept. 50-500-6520 7/20/2026 $ 22.51 Amazon Office Supplies
50-500-6420 7/20/2026 $ 896.82 Tehama Tire Tires
50-500-6420 7121/2026 $ 975.95 Tehama Tire Tires
50-500-6520 7/29/2026 $ 159.80 Parts-People Laptop Battery 50-500-6420 7/30/2026 $ 2,842.73 American Diesel Ambulance Repairs TOTAL, 6,004.31
DEPT. CITY CLERK
LINE ITEM # DATE OF PURCHASE AMOUNT BRIEF DESC LINE ITEM SUMMARY 10-110-6520 8/1/2026 $ 43.43 Office Supplies 10-110-6520 43.43 10-110-6530 7/19/2026 $ 118.54 HI!! Computer Monitor 10-110-6530 118.54 10-110-6100 7/8/2026 $ 229.63 rises LOLA Supplies 10-110-6100 229.63 10-300-6530 7/22/2026 $ 245.95 PCT Patches 391.60
TOTAL, $ 637.55
DEPT. POLICE
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 10-140-6010 7/8/2026 $ 300.00 Yreka Immediate Care Medical Background 10-140-6010 les es 300.00 10-140-6260 7/20/2026 $ 5.00 Ring Plan Monthly Subscription 10-140-6260 10-140-6260 8/3/2026 $ 50.66 Transunion SPLIT Transunion Subcription 10-141-6260 10-141-6260 50.67 SPLIT Transunion Subcription 53-140-6260 53-140-6260 $ 50.67 SPLIT Transunion Subcription 10-140-6290 len es en es
152.00 10-140-6530
10-140-6290 7/10/2026 $ 6.08 USPS Postage 10-141-6530
10-140-6530 718/2026 $ 74.57 4imprint SPLIT Special Supplies 53-140-6530 en es
10-141-6530 $ 74.58 SPLIT Special Supplies 686.81
53-140-6530 74.58 SPLIT Special Supplies
$ 223.73
TOTAL $ 686.81
DEPT. PUBLIC WORKS
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 10-150-6420 7/17/2026 $ 765.00 SP Iron Wing Parts Hydrolic Pump Fire Dept. 10-300-6440 $ 253.84 10-150-6400 7/21/2026 $ (626.74) Erik Surplus Fire Dept. Hydrolic Part REFUND 10-300-6530 $ 312.55 50-500-6420 7/21/2026 $ 354.23 SP Motosport Ambulance Parts 40-400-6260 54.38 10-300-6440 7/29/2026 $ 147.50 Amazon Supplies Park NNO 620.77 40-400-6260 8/2/2026 $ 54.38 R&R Fitness Monthly Subscription 10-300-6440 8/3/2026 $ 66.75 Dollar General Supplies Park NNO 10-300-6530 8/3/2026 $ 66.60 QR Code Creator SPLIT QR Code Community Survey 23-300-6530 8/3/2026 $ 66.60 SPLIT QR Code Community Survey $ 133.20
TOTAL 894.32
DEPT.

LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. LINE ITEM SUMMARY 10-150-6260 7/10/2026 $ 124.00 SSV Subscription 10-150-6260 es es 124.00 TOTAL $ 124.00 10-150-6530 45.00
10-150-6420 $
DEPT. POOL 10-150-6400
LINE ITEM # DATE OF PURCHASE AMOUNT VENDOR BRIEF DESC. Is 23-300-6440 7/8/2026 $ 22.52 Dollar General Maint. & Supplies 23-300-6440 7/10/2026 $ 150.11 Amazon Maint. & Supplies LINE ITEM SUMMARY 23-300-6440 7/13/2026 $ 39.41 Dollar General Maint. & Supplies 23-300-6440 324.97 23-300-6440 7/13/2026 $ 73.90 Amazon Maint. & Supplies 23-300-6260 30.00 23-300-6440 7/14/2026 $ 24.83 Dollar General Maint. & Supplies 23-300-6530 66.60 23-300-6260 7/24/2026 $ 30.00 JOINHOMEBASE.COM Subscription 421.57 23-300-6440 7/28/2026 $ 14.20 Dollar General Maint. & Supplies TOTAL 354.97
TOTAL July CC $ 8,701.96 TOTAL GL Summary $ 8,701.96
August 18, 2026
Attn: Etna City Council
Dear Members of the City Council,
I am writing to bring to your attention problems that occurred during the recent replacement of power poles in Etna.

During the work, the company working on the power poles drilled into and damaged a line belonging to my irrigation/sprinkler system. Unfortunately, the line was not repaired correctly at the time by the company. Joel Lopus came and repaired the system with new valves because sand and gravel was all through the system. Since then, I have continued to experience problems with my irrigation system and have to call the Joel on multiple occasions to diagnose the repair the damage. Most recent he came again and found that another repair was needed to fix the system. AGAIN the system had a rock stuck in the valve, this resulted in just taking that valve out and closing off that line in my system. The cost of the dig up the line and clean and repair would have be enormous! I will need to use a sprinkler on that line for the yard.

I am requesting the City to investigate this matter and assist me in obtaining reimbursement for the reasonable cost ($475.00) I had to pay to have my irrigation system repaired as well as the enormous water bill ($337.00) last month because the valve was stuck open allowing continued leaking that went undetected while I was out of town.

I would appreciate you assistance in resolving this matter and in determining who is responsible in reimbursing me for repair costs. Thank you for taking the time regarding Sincerely,
Mary Burton
Etna, CA 96027
Bet rockes in the
drainge ditch.

Kept my yance like this.

Wire cut white waiting
i'm my yard. Had to
remove to mon.

Provided by SCORE
sedgwick™
Information Only

SAFETY COMMUNICATION
Property Protection - Preparing for El Niño & Severe Weather Public Works and Facilities, Maintenance, and Operations Departments Consider the following best practices:
• Conduct regular inspections and cleaning of
rooftops, gutters, drains, and drainage
systems to prevent water accumulation and
intrusion.
• Maintain roof flashings, penetrations, vents,
skylights, and edge details that are common
sources of leaks.
• Replace deteriorated roofing components,
including shingles, tiles, vent boots, rain
collars, seals, and damaged membranes.

Across California, public entities face growing risks • Ensure roof drainage systems remain clear from severe weather and other natural hazards that to prevent ponding water and potential can disrupt operations, damage facilities, and strain structural collapse. resources. Seasonal weather patterns, including • Establish a formal roof maintenance atmospheric rivers and El Niño-related storms, can program with qualified roofing contractors. bring heavy rainfall, flooding, and high winds that
increase the likelihood of property damage. Water Building Envelope Resiliency intrusion remains one of the most common and The building envelope serves as the primary barrier costly causes of loss, leading to structural against water intrusion, helping protect facilities deterioration, mold growth, damage to building from moisture-related damage, structural contents, and failures of critical building systems. deterioration, and costly repairs. Regular inspection, Proactive maintenance and facility protection maintenance, and prompt repair of building measures can help reduce these risks and improve envelope components can improve resiliency, overall property resilience. preserve asset value, and reduce the risk of leaks and water damage.

KEY RISK MITIGATION MEASURES
Consider the following best practices:

Roof Protection
• Maintain all components of the building
A well-maintained roof is one of the most important
envelope, including roofs, walls,
defenses against water intrusion and costly property
foundations, windows, doors, and
damage. Routine inspections, preventive
waterproofing systems. Ensure proper
maintenance, timely repairs, and a structured roof
integration between roofing, wall systems,
maintenance program can help extend roof life,
windows, and waterproofing barriers to
protect building systems, and reduce the risk of
eliminate water entry points.
leaks, structural damage, and business disruption.
subject to specific privacy and copyright restrictions and policies, with which your use of that information must comply. sedgwick™
• Inspect transitions between roof-to-wall, STORM PREPAREDNESS ACTIONS wall-to-window, and wall-to-foundation Before Severe Weather Events assemblies, which are common leakage Preparing for severe weather before it arrives can locations. help reduce property damage, protect critical • Verify continuity of weather-resistant operations, and improve response efforts. Taking barriers and drainage pathways. proactive steps to address potential vulnerabilities • Utilize appropriate waterproofing systems and secure facilities can strengthen resilience and based on exposure and application. minimize the impact of storms, flooding, and high • Inspect waterproofing membranes for winds.
cracks, blistering, delamination, wrinkling, or
Consider the following best practices before severe
punctures and repair deficiencies promptly.
weather events:
• Maintain below-grade and plaza deck
• Clean storm drains, gutters, and roof
waterproofing systems and ensure proper
drainage systems.
soil coverage where required.
• Trim or remove trees that could damage
Protect critical waterproofing terminations,
structures during high winds.
penetrations, and transitions.
• Stock and position flood protection materials
Windows and Doors such as barriers and K-rail systems to divert Windows and doors are common entry points for water, mud, and debris. water intrusion when seals, flashing, and Test emergency generators and backup weatherproofing components are not properly power systems. maintained. Regular inspections and preventive • Secure critical equipment and vulnerable maintenance can help identify potential problems property from potential flood or wind early, reducing the risk of leaks, moisture damage, exposure. and costly repairs.

Emergency Planning
Consider the following best practices: Effective emergency planning helps organizations • Inspect frames, seals, gaskets, weather respond quickly and safely to severe weather events stripping, and caulking for wear and while minimizing disruptions to operations. deterioration.

Establishing clear procedures, maintaining
• Replace damaged seals and gaskets before emergency resources, and preparing personnel in leaks occur. advance can strengthen organizational resilience and • Confirm proper flashing integration around support a faster recovery when incidents occur. windows and doors to prevent water
migration behind wall assemblies.
subject to specific privacy and copyright restrictions and policies, with which your use of that information must comply. sedgwick™
Consider the following best practices for emergency KEY PROPERTY PROTECTION TAKEAWAY planning: The most effective first-party property protection • Maintain procedures for monitoring weather strategy combines proactive roof maintenance, forecasts, flood conditions, and facility drainage management, building envelope impacts closures and emergency inspections, waterproofing upkeep, and severe notifications. weather preparedness. Consistent inspection and For more details, please see the following maintenance significantly reduce the likelihood and resources:
severity of water intrusion losses and business
• Emergency Communication interruption following major storm events.

Protocols
• Emergency Response Planning
• Ensure emergency response personnel have
adequate PPE, supplies, food, water, and
shelter during extended storm events.

Establish service contracts with vendors and
contracts for repair, mold investigation, and
property restoration. See Sedgwick's repair
solutions offering.

COMMON PROPERTY LOSS DRIVERS
Water intrusion and related property damage often
result from preventable maintenance and drainage
issues that develop over time. Understanding the
most common causes of property losses can help
organizations prioritize inspections, maintenance,
and repairs to reduce risk and protect facilities.

Be aware of the following common property loss
drivers:
• Clogged roof drains causing ponding water
and structural distress
• Failed roof seams, flashings, and
penetrations
• Improper waterproofing details at decks,
walls, and foundations
• Deteriorated window and door seals
• Poor drainage design or maintenance
• Deferred maintenance of roofing and
envelope systems
subject to specific privacy and copyright restrictions and policies, with which your use of that information must comply. sedgwick™

SAFETY COMMUNICATION
Reducing Community Impacts from El Niño's Severe Weather • Identify and close recreational areas
prone to flooding or used as stormwater
overflow retention ponds
• Review flood response plans

2. Landslides and debris flows
Atmospheric rivers create significant potential
for debris flows, most notable in the following
areas:

Locations impacted by burn scars
As municipalities prepare to protect public • Coastal bluffs properties from atmospheric rivers driven by El Niño, • On or at the base of slopes it's important to recognize another risk: third-party • In or at the base of minor drainage damage. Deluges can quickly overwhelm storm
hollows
sewer systems, causing pooling and flooding. Along
• At the base or top of an old fill slope
with debris and mud flows, damage to downstream
• At the base or top of a steep cut slope
properties can be costly, involving litigation, business interruption, loss of use, and lost revenue to local • Developed hillsides where leach field businesses. The guidance below is geared to assist septic systems are used municipalities with preparation and management of Key Actions To Take:
systems and methods meant to redirect stormwater • Devise plans to channel water, debris, and mud and debris flows.
away from structures and infrastructure using K
KEY RISKS CITIES AND TOWNS SHOULD PLAN FOR: rails and other barriers

1. Flooding and stormwater management • Ensure supplies are adequate, such as sandbags Considering the predictions of a strong El Niño, and K rails, are on hand, or readily available now is a good time to: Review tree maintenance programs and remove • Evaluate storm drain capacity hazardous limbs that could fail during high winds • Perform operations tests and or ice storms
maintenance checks on pump stations . See Landslides - Stay Prepared for additional information
• Perform creek and river channel
maintenance
• Inspect and clear storm drains, culverts,
ditches, and retention basins before the
rainy season
• Identify roads, bridges, and low-water
crossings prone to flooding and ensure
detour routes are established
any type under any theory of liability) arising in any way out of the use of these Materials. Please also note that when you are directed to another website or source of third-party information, that information may be subject to specific privacy and copyright restrictions and policies, with which your use of that information must comply. sedgwick™

3. Infrastructure impacts 5. Pre event planning and post event recovery Cities and towns should assess the following Document preparedness activities and maintain areas for vulnerability to localized flooding and records for future planning and risk test emergency pumping units and generators: management purposes. Also track expenses • Roadways related to emergency efforts for possible FEMA • Culverts reimbursement. Please see Continuity of
• Bridges Operations Plan for Public Entities for a sample • Wastewater systems plan.
• Public facilities

4. Emergency communications and mutual aid
Before the rainy season starts:
• Update emergency alert systems
• Refresh public preparedness messaging
• Coordinate with county emergency
managers
• Review shelter and evacuation plans
• Evaluate emergency communication
systems and verify contact information
for staff, elected officials, and
emergency response partners
• Review mutual aid agreements with
neighboring jurisdictions and emergency
service providers
• Develop public information messages on
flood safety, severe weather
preparedness, power outages, and
winter driving conditions
• Encourage residents to sign up for local
emergency notification systems
any type under any theory of liability) arising in any way out of the use of these Materials. Please also note that when you are directed to another website or source of third-party information, that information may be subiect to specific privacy and copyright restrictions and policies, with which your use of that information must comply.

Etna Police Department Monthly Report
August 2026
As we enter the fall season and the beginning of the new school year, we have been integrated with a substantial number of significant cases related to major/serious crimes. Many of these crimes are generated through cyber crimes such as scams or fraud but also include a high number of local/Siskiyou County residence involved in major crimes resulting in significant injuries and losses specific to drug and alcohol activity. While every crime involves an officer's presence, expertise, and investigation hours these major crimes involve a level of expertise that multiplies the hours needed to complete a detailed report by tenfold. Officers continue to push forward putting in the hours required of them and more while still maintaining time to patrol and be proactive in their duties. I want to acknowledge the level of skill our officers not only have but continue to expand on without complaint. We are very blessed as a small department to have this Calibur of Officers to serve our community.

Traffic- Traffic related issues continue to be a top priority for the department in and around our two towns with a heavy infuses in and around our community schools. Numerous traffic stops have been performed with warnings and citations being issues. Again, presence is a major factor in slowing traffic down and officers attempt to be out there as much as possible. Several events needing police traffic control were also asked of the department with each event concluding successfully. As we enter the winter season with inclement weather officers will continue to monitor and educate drivers on our expectations while traveling through the Scott Valley Community and Towns.

Schools- The beginning of the 2026 school year hit hard as we have been inundated with calls for service related to incidents within the school district. Calls for service include traffic, altercations, events, truancy, and our ongoing MOU with the school district in providing support services to students having a difficult time not only in school but also getting to school.

We hope as the school year moves forward, we will see the need for police services level out and are maintained at a lower level of need and we can focus on a proactive approach.

Animal Control- Dogs at large calls for service have had a slight uptick in the need for officers to respond and get animals back to their home but still at a level well below the averages over the last couple years. We continue to help owners come up with a solution versus citing only as it seems to help in the long run. We had one case involving dogs attacking livestock in town resulting in the attackers needing to be euthanized. It is unfortunate; however, we couldn't allow the continued risk to the community. Several areas in both towns are seeing a significant number of cats continue to grow. It's an issue that needs to be addressed sooner than later and may require another spay/neuter clinic that comes at a price.

In the future it would be nice to establish funding to be able to provide a service to our communities at least every couple of years. We also had several mountain lion sightings in each town with the Etna City park being the last location a big cat was spotted. In this event several people had to lock themselves in the bathrooms until officers could arrive on scene. As a reminder our department will not hesitate in taking necessary action when it comes to public safety and the need to protect human life. In each incident, the department of Fish and wildlife was notified along with the local state trapper. Investigations were done without locating each animal. We will continue to monitor the areas, and we encourage the public to immediately notify us if they are to spot a lion in the area.

Reports/Cases- As the year seems to accelerate by us the number of cases has followed suit with us well over 100 cases for the year. As mentioned before, a good number of our cases are significant in degree and require a high number of investigation hours. Also, a reminder when a case is completed it doesn't mean that an officer's job is over. Each of these cases also require many hours in court and working with the District Attorney. Again, I am extremely proud of our officers and it's important that we all support them in any way we can. The hours and level of service they provide can become overwhelming and a little support goes a long way in preventing burnout.

Calls for Service- In addition to the increase in written cases comes a naturally increase in calls for service. Typically, we see an even larger number of calls for service which is still the case as this year goes on. Our calls for service for each year generally are in the thousands and I expect us to exceed our previous year's numbers. Many are positive in nature and are one of the great things about law enforcement.

Ordinance Enforcement- The police department continues to monitor existing code enforcement cases, closing out several on a positive note with voluntary compliance by our constituents. We also continue to look for problematic areas that we can address before they become a problem. As a reminder, code enforcement is complaint driven and many cases are only acted upon once a complaint or concern is received. Please be vigilant and contact the department if you observe any issue related to code enforcement. This process has shown over the years to be very successful in voluntary compliance while keeping our community unique in solving some issues in a non-conventional way. We also need to continue looking at an in-house hearing board to review each code enforcement case while providing directions in a conclusion.

PAL- The new PAL year began in September, and we are off to a quick start to the season.

Along with our normal fall sporting schedule, we continue to be engaged in fund raising/grant efforts related to the skate park, softball park, and other local organizations in obtaining grants for school and city properties. It is with consistent partnerships with all organizations we will succeed and so important to our community in continuing to grow in a direction we can preserve our way of life.

Misc.- Officer Dowling has completed his field training and is now out in the community as a solo officer. Congratulations to him on all his hard work and thank you for your continued service to the community. As we continue to be increasingly busy, we hope to still be able to add additional personnel and organizational partnerships. It's been a really busy last few months for officers so if you get a chance, please reach out to them and thank them for their undying service and loyalty to our community.

POLICE

ETNA POLICE DEPARTMENT TOWN OF FORT JONES
155 Diggles St 10r10Nes, CA 26032
Etna CA 96027 Joshua E Short, Chief of Police TORY DIES August 2026 Etna Police Department
Statistics
Animal Control- 15 Events- 16
Trespass- 8 Alarm- 5
Juvenile/School- 30 Fraud/Scam- 7
Battery- 8 Animal strikes- 4
Domestic Violence- 3 Court- 8
Runaway/Missing person- 4 Written Reports YTD- 100+
Traffic Collision- 2 Cyber crimes- 4
Assists- 30 Sexual Assault/Battery- 2
Civil- 18
Theft- 8
Vandalism- 4
Traffic- 40
Code Enforcement- 20
Non-Crim- 35
Medical/Fire- 12
The above is a consolidation of statistics logged in with our Computer Automated Dispatch System.

Does not include Calls for service outside our logged activity Etna Tel: (530) 467-3400 Fort Jones Tel: (530) 468-340
Etna Fax: (530) 467-5638 WWW. CityofEtna.Org/Police Fort Jones Fax: (530) 468-553 CITY COUNCIL MEETING 9/28/2026 AMBULANCE DIRECTORS MONTHLY UPDATE August 2026 Data
Total: 44 Etna 8 ALS BLS BLSD AMA/ MSAS CXL Missed
FJ 8 13 5 non rendezvous: 17 mostly due to no
Billable: SV 27 billable second crew member
19 M111 1 1 available
Days w/o calls: 5
2025 Total: 43 Billable: 29 Missed: 6
MSAS: Mount Shasta Ambulance Service (we reg them for a paramedic if needed) M11: Salmon River Fire/Rescue (they req us for transport) Etna: City limits of Etna
i So at you tire or civilion imits.

Ambulances/QRV:

M54 2011 4x4 In service
M55 2003 In Service
M56 2007 In Service
QRV 2005 In Service
MISC
Assisting Parks and Recreation with the park towels have slowed and appeared to be stopped.

Continuing to assist the FD as needed.

City Clerk/Finance Report
General Checking $121,975.44
MB Money Market $ 8,054.68
LAIF $139,603.09
$269,633.21
Software Upgrade Update
General Ledger/Cashiering complete
Accounts Payable complete
Bank Reconciliation 75%
Utility Billing/Cashiering in progress Go Live 11.30.26 Accounts Receivable Jan.-Feb. 2027
John Balestrini-DFK Solutions (Risk Manager-SCORE)
September 23, 2026, came for his annual staff training.

Training provided:
• Injury & Illness Prevention Program Awareness
• Emergency Action Plan Awareness
• Animals & Nature Awareness
Upcoming-October 2026
• Holiday-Columbus Day-Office Closed-10.12.26
• SCORE Annual Two-day Training and Meeting 10.22&23. 26 • Utility Billing Training-Jenny & I are both about 25% completed, this will require most of our time in October.
• City Council Meeting 10.26.26-1s' Quarter Update (old form) As a reminder, Councilmembers are required to have trainings every two years. • AB 1234/SB827 Ethics Training
• AB 1661 Sexual Harassment Prevention
• New this year: SB 827- Fiscal and Financial Training
Council Questions or Concerns?
DKF Solutions, LLC
Etna Annual Training Visit 2026
Date Sep 23, 2026 Trainer John Balestrini
Time 12:30 PM - 4:00 PM Location Etna City Hall
Closed Date Sep 23, 2026 Address 442 Main Street
Etna, CA 96027
Length 3.00 hrs Notes -
Certificates 24

TRAININGS
• Injury & Illness Prevention Program Awareness - 0.75 hrs • Emergency Action Plan Awareness - 0.75 hrs
• Animals & Nature Awareness - 1.50 hrs

CERTIFICATES ISSUED
Injury & Iliness Prevention Program Awareness Issued: Sep 23, 2026 • Expires: - # • Employee Name Emp # Location Certificate
1 Arrwood, Teresa SCORE-Etna-017 City of Etna CERT20260923-019 2 Bennett, Jenny SCORE-Etna-007 City of Etna CERT20260923-001 3 Burbank, Dan SCORE-Etna-002 City of Etna CERT20260923-007 4 Deas, Raymond SCORE-Etna-016 City of Etna CERT20260923-016 DeDebbeleer, Jediah SCORE-Etna-012 City of Etna CERT20260923-004 Dowling, Eric SCORE-Etna-018 City of Etna CERT20260923-022 7 Eastlick, Pamela SCORE-Etna-001 City of Etna CERT20260923-013 8 Short, Joshua, E SCORE-Etna-008 City of Etna CERT20260923-010 Emergency Action Plan Awareness Issued: Sep 23, 2026 • Expires: - # Employee Name Emp# Location Certificate
1 Arrwood, Teresa SCORE-Etna-017 City of Etna CERT20260923-020 2 Bennett, Jenny SCORE-Etna-007 City of Etna CERT20260923-002 3 Burbank, Dan SCORE-Etna-002 City of Etna CERT20260923-008 4 Deas, Raymond SCORE-Etna-016 City of Etna CERT20260923-017 5 DeDebbeleer, Jedian SCORE-Etna-012 City of Etna CERT20260923-005 6 Dowling, Eric SCORE-Etna-018 City of Etna CERT20260923-023 Eastlick, Pamela SCORE-Etna-001 City of Etna CERT20260923-014 8 Short, Joshua, E SCORE-Etna-008 City of Etna CERT20260923-011 Animals & Nature Awareness Issued: Sep 23, 2026 • Expires: - # Employee Name Emp# Location Certificate
1 Arrwood, Teresa SCORE-Etna-017 City of Etna CERT20260923-021 Bennett, Jenny SCORE-Etna-007 City of Etna CERT20260923-003 3 Burbank, Dan SCORE-Etna-002 City of Etna CERT20260923-009 4 Deas, Raymond SCORE-Etna-016 City of Etna CERT20260923-018 Sep 24, 2026 12:42 PM Etna Annual Training Visit 2026
# Employee Name Emp # Location Certificate
DeDebbeleer, Jediah SCORE-Etna-012 City of Etna CERT20260923-006 6 Dowling, Eric SCORE-Etna-018 City of Etna CERT20260923-024 7 Eastlick, Pamela SCORE-Etna-001 City of Etna CERT20260923-015 8 Short, Joshua, E SCORE-Etna-008 City of Etna CERT20260923-012 Sep 24, 2026 12:42 PM Etna Annual Training Visit 2026