5/14/24, 1:37 PM
https://outlook.office.com/mail/inbox/id/AAQkADkxOWYxMDM1LWY…DA4Zi05MTBhLTY4Y2I3NTgyYTFjMwAQAM4HLWkbVtVLrTC8%2BreFnU0%3D Page 1 of 2 Public Comment: Does the CC need a third legal opinion? paula levine <[email protected]>
Mon 5/13/2024 4:07 PM
To:Cityclerk Trinidad <[email protected]>
There seems to be some confusion concerning Ca, Water Law related to Action Agenda # 5 to be discussed May 14, 2024:
According to California law:
" WATER CODE_ WAT
DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000- 60622] 60246
The rate charged shall be uniform for like classes and conditions of service." Gans/McKnight [GM] cites Government Code Section 66013 in their discussion of
1. Higher charges for water users outside of city limits compared to City customers and
2. How much may the city legally charge related to the cost of providing water?
3. Can the City charge for water services based on usage? GM's citing of Ca. Law 66013, supposedly relating to the billing discrepancy between two classes of customers, cites that the city can not charge more for water than it costs the city to provide the water... therefore the city may charge residents outside city limits more.
Their argument makes no sense, legal sense or common sense. #1. The cost of providing SOI [Sphere of Influence] residents water is not greater than providing city residents water. It can be argued that it is less. If a water pipe needs to be repaired within city limits, it will cost more than a break in the SOI. Most [if not all] of the SOI have gravel roads, much cheaper to service than black top.
#2. GM:
"The City of Arcata charges customers located outside city limits an increased monthly base rate.... " CONCLUSION The City can charge customers outside the City limits more for water services, but the fees cannot exceed the cost of providing the services."
Arcata is another town with different circumstances. Someone else doing something does not mean it's right for someone or everyone else, as everyone who has ever raised children has tried to explain.
Arcata does not set a legal precedent.
The rising costs of providing water services is a moving target that should be equitably shared by everyone.
A cost analysis of comparing various options of obtaining water is a WAC task long overdue.
If the CC thinks it costs more to provide Mill Creek residents water than City residents, please explain with factual documentation.
SOI residents have been paying sales tax into city coffers for many years due to a blip in the tax system, as reported by Richard Johnson at a past CC meeting. This likely offsets, or more than offsets, what you think is costing more to provide water to SOI residents.
5/14/24, 1:37 PM
https://outlook.office.com/mail/inbox/id/AAQkADkxOWYxMDM1LWY…DA4Zi05MTBhLTY4Y2I3NTgyYTFjMwAQAM4HLWkbVtVLrTC8%2BreFnU0%3D Page 2 of 2 I look forward to your documentation and a more cogent legal argument. :) Paula Levine
Mill Creek Lane
________________________________________________________________ "TO: Eli Naffah
FROM: Russ Gans/Shae McKnight
CLIENT: City of Trinidad
RE: Water Service Fees
I. BACKGROUND The City of Trinidad Water Department (“City”) currently serves customers outside of City limits. Customers outside city limits are charged a different rate than customers within the limits for water use. The City does not charge increased rates for excess water use. Customers who use more water are not charged at a higher rate.
II. ISSUE Can the City charge more for water services to customers located outside of City limits? Can the City charge for water services based on usage?
III. DISCUSSION Water users can be charged at different rates within a district's service area. Government Code Section 66013 states, in part, “when a local agency imposes fees for water connections or sewer connections, or imposes capacity charges, those fees or charges shall not exceed the February 6, 2024
service fee does not exceed the actual cost of the service, then customers outside of the City limits can be charged at a higher rate than customers within City limits.
The City of Arcata charges customers located outside city limits an increased monthly base rate....
IV. CONCLUSION The City can charge customers outside the City limits more for water services, but the fees cannot exceed the cost of providing the services.
Additionally, the City can charge on a use basis but must meet all the criteria under the Water Code before doing so.