Water Districts and City Hall Never Saw a Drought and Price Increase They “Didn’t” Like – Nobody “Needs” California Almonds – Court Rules “tiered water rates are unconstitutional” – Thank You Jim Reardon

In a ruling with major implications for California’s water conservation campaign, a state appeals court on Monday ruled that a tiered water rate structure used by the city of San Juan Capistrano to encourage conservation was unconstitutional.

The Orange County city used a rate structure that charged customers who used small amounts of water a lower rate than customers who used larger amounts.

But the 4th District Court of Appeal struck down San Juan Capistrano’s fee plan, saying it violated voter-approved Proposition 218, which prohibits government agencies from charging more for a service than it costs to provide it.

“We do hold that above-cost-of-service pricing for tiers of water service is not allowed by Proposition 218 and in this case, [the city] did not carry its burden of proving its higher tiers reflected its costs of service,” the court said in its ruling.

The stakes are high because at least two-thirds of California water providers, including the Los Angeles Department of Water and Power, use some form of the tiered rate system.

Gov. Jerry Brown immediately lashed out at the decision, saying it puts “a straitjacket on local government at a time when maximum flexibility is needed. My policy is and will continue to be: employ every method possible to ensure water is conserved across California.”

Brown added state lawyers are now reviewing the decision.

It also remains unclear what effect the ruling would have on other agencies that use tiered rates.

The court said that tiered prices are legal as long as the government agency can show that each rate is tied to the cost of providing the water.

San Juan Capistrano resident Jim Reardon is part of a group challenging the city over its tiered water-rate structure.

“The water agency here did not try to calculate the cost of actually providing water at its various tier levels,” the court said of San Juan Capistrano. “It merely allocated all its costs among the price tier levels, based not on costs, but on pre-determined usage budgets.”

The highly anticipated decision comes in the wake of Brown’s executive order directing water agencies to develop rate structures that use price signals to force conservation. His order, which also requires a 25% reduction in urban water usage, marked the first mandatory water restrictions in state history and came as the state enters a fourth year of an unrelenting drought.

A group of San Juan Capistrano residents sued that city, alleging that its tiered rate structure resulted in arbitrarily high fees. The city’s 2010 rate schedule charged customers $2.47 per unit — 748 gallons — of water in the first tier and up to $9.05 per unit in the fourth. The city, which has since changed its rate structure, was charging customers who used the most water more than the actual cost to deliver it, plaintiffs said. The law, they argued, prohibits suppliers from charging more than it costs to deliver water.

The Los Angeles Department of Water and Power currently uses a two-tier rate structure, but agency officials have said they are preparing to roll out a revised system that would employ four tiers and that would make high water use even more costly than it is now.

Experts say 66% to 80% of California water providers use some type of tiered rates. A 2014 UC Riverside study estimated that tiered rate structures similar to the one used in San Juan Capistrano reduce water use over time by up to 15%.

An author of the study, Ken Baerenklau, said the effect was greatest on the heaviest water-users. In a previous interview with The Times, he said that if the court found in favor of the plaintiffs, as it did Monday, the decision “would be a big deal” because it would “stand in the face of significant momentum” toward tiered rates.

https://www.latimes.com/local/lanow/la-me-ln-water-rates-case-20150405-story.html

California almonds are a popular bagged treat in China’s convenience stores and supermarkets and a must-have item in holiday gift baskets.

As big a global money-maker as California’s agriculture is, though, it’s little more than a blip in the state’s economy. And that’s driving the debate on water use.

https://www.sfgate.com/news/science/article/Almonds-get-roasted-in-debate-over-California-6209631.php

Property Taxes – Fees – Utilities – and HOAs $2000.00 a Month or More – at the Tustin Legacy? – Say Goodbye to Food – Cars and College

Tustin, California

Tax district for next Tustin Legacy homes?

Homeowners could pay as much as $2,050 each year on top of standard property taxes to live in the next phase of Tustin Legacy homes due to a special tax district planned for the development.

Tustin Unified School District wants extra tax revenue from that community facilities, or Mello-Roos, district to finance up to $75 million in improvements, including adding two new schools.

Those facilities are needed to serve the thousands of residents expected to move over the next two decades to Tustin Legacy, a master-planned community of homes and retail that’s being built on former Marine Corps Air Station property.

A large portion of that $75 million will be used to build a secondary school in two phases. First will come a junior high, with sixth through eighth grades. Next will come a high school.

The secondary school will be a magnet Technology, Innovation and Entrepreneurship Academy, according to plans supported by the TUSD board during a study session Monday. Curriculum will be focused on project-based learning, with technology courses covering video game design, robotics and coding, while business classes will cover topics such as leadership and creating a small-business plan.

Another significant chunk of the $75 million would be used to finally open and expand Heritage School, a 10-acre campus at 15400 Lansdowne Road that will be developed as a feeder to the magnet secondary school.

The elementary campus was built a few years ago, but TUSD says not enough school-age kids have moved into the Legacy community yet to justify starting classes there. Instead, the district has hosted adult students and administrator offices at the $12 million campus since 2013.

That decision angered local families, who said their children were being sent out of the area to overcrowded schools. And it prompted the city of Tustin to sue the school district in 2011, though a judge ruled that TUSD had the right to delay the school opening.

Figures presented during Monday’s meeting show that many schools are now bursting at the seams, with more residents coming soon.
The new Mello-Roos tax supported by the board Monday would apply to all homes built on vacant land roughly between Jamboree Road and Red Hill Avenue, east of Barranca Parkway and west of Edinger Avenue.

Owners of single-family homes there will pay from $1,325 to $2,050 in extra taxes for up to 40 years, depending on the size of the home. Townhome owners will pay from $875 up to $1,250 in taxes each year, while apartment owners will pay $600 and low-income homeowners will pay $215.

The district plans to hold a public hearing April 20 on forming the Mello-Roos district, which doesn’t require voter approval since no residents live there yet. Before that hearing, a TUSD team will draft a report on what new facilities are needed to accommodate growth for Tustin Legacy and how much those developments are estimated to cost.

The district is expected to vote on the plan May 18. Then it would head to the City Council for final approval May 19, since Tony Soria, chief financial officer for TUSD, said a small portion of the tax revenues would potentially support other public infrastructure needed in the area.

Contact the writer: 714-796-7963 or [email protected]

https://www.ocregister.com/articles/school-652286-district-tustin.html

California pension funds are billions short, with taxpayers on the hook

A decade ago, many of California’s public pension plans had plenty of money to pay for workers’ retirements.

All that has changed, according to a far-reaching package of data from the state controller. Taxpayers are now on the hook for billions of dollars more to cover the future retirements of public workers, with the bill widely varying depending on where they live.

The City of Los Angeles Fire and Police Pension System, for instance, had more than enough funds in 2003 to cover its estimated future bill for workers’ retirement checks. A decade later, it is short $3 billion.

The state’s pension goliath, the California Public Employees’ Retirement System, had $281 billion to cover the benefits promised to 1.3 million workers and retirees in 2013. Yet it needed an additional $57 billion to meet future obligations.
Somebody, who is knowledgeable and interested, is several clicks away from the ugly mess that will define California’s financial future. – Dan Pellissier, president of California Pension Reform

The bill at the state teachers’ pension fund is even higher: It has an estimated shortfall of $70 billion.

The new data from a website created by state Controller John Chiang come at a time of growing anger from taxpayers over the skyrocketing cost of public workers’ retirements.

Until now, the bill for those government pensions was buried deep in the funds’ financial reports. By making this data available, Chiang is bound to stir debate about how taxpayers can afford to make retirement more comfortable for public workers when private-sector employees’ own financial futures have become less secure. For most non-government workers, fixed monthly pensions are increasingly rare.

“Somebody, who is knowledgeable and interested, is several clicks away from the ugly mess that will define California’s financial future,” said Dan Pellissier, president of California Pension Reform, a Sacramento-area group seeking to stem rising statewide retirement costs.

Chiang has assembled reams of data from 130 public pension plans run by the state, cities and other government agencies. It’s now accessible at his website, ByTheNumbers.sco.ca.gov.

In nearly eight years as controller, essentially the state’s paymaster, Chiang has made good on a commitment to make government financial records more transparent and accessible.

Chiang, who was elected last week as state treasurer, also has made it easy for consumers to search unclaimed property held by the state, such as utility deposits or forgotten bank savings accounts.

In 2010, after the city of Bell salary scandal, he started putting pay information online for elected officials and other employees in cities, counties, special government districts, higher education, schools and the judicial system. In September, he added details on the finances of the state’s 58 counties and more than 450 cities, allowing taxpayers to track revenues, expenditures, liabilities, assets and fund balances.

The pension debate in recent years has been fueled by controversy.

Vernon’s former city manager, for example, was receiving more than $500,000 in annual pension payments. Most public safety workers can retire as early as 50. And some public employees had cashed out unused vacation and other perks to unjustly spike their retirement pay.

Meanwhile, cash-strapped cities are facing escalating bills. Rising pension costs contributed to bankruptcies in Stockton, San Bernardino and Vallejo.

Critics contend that governments can no longer afford to pay generous pensions to retirees that aren’t available to most private-sector workers. Unions, meanwhile, have vehemently defended the status quo, saying these benefits were promised to workers for years of serving the public.

“In the months ahead, California and its local communities will continue to wrestle with how to responsibly manage the unfunded liabilities associated with providing retirement security to police, firefighters, teachers and other providers of public services,” Chiang said.

“Those debates and the actions that flow from them ought to be informed by reliable data that is free of political spin or ideological bias,” said Chiang.

A million items of new pension information online — covering the fiscal years 2002-03 through 2012-13 — should “empower greater citizen participation in how government handles a policy matter which is central to California’s long-term prosperity,” Chiang said.

Though pension lingo can be daunting, the online information being offered includes a range of easy-to-understand and more complicated data. There is even a glossary of terms to help.

Relatively proficient computer users, researchers and statisticians can use the data to compare different city and county pension systems.

The funds range from the giant California Public Employees’ Retirement System to a tiny fund for the city of Pittsburg in the San Francisco Bay Area, with only about $9,000 in assets.

In introducing his new website, Chiang pointed to trends that highlight the state’s growing pension costs. Employer retirement contributions rose 36% between 2003 and 2013, while employee contributions jumped 57%.

At the same time, the number of active government workers and retirees receiving pensions rose by 10% to 3.4 million.

Labor union leaders don’t share Pellissier’s dire forecast, but some praised Chiang for his transparency.

“It adds some facts to the discussion,” said Laphonza Butler, president of the California Council of the Service Employees International Union. “I think that can be helpful.”

Terry Francke, the general counsel of Californians Aware, a Sacramento-area group that supports open government, agreed. He praised Chiang’s initiatives as “a stellar model” for getting information to the public “in the most direct and painless way.”

[email protected]

https://www.latimes.com/business/la-fi-controller-pension-website-20141114-story.html

Hangar Fire - "Without Litigation" - City of Tustin Already On the Hook for $90 Million in Clean-Up Costs - "Not Including the Actual Hangar Property" - and Heading for a Billion Dollars - Developers Likely Not Off the Hook Either - Property Value Assessments Undergoing Official Review - Ask Yourself - Would You Buy or Rent at the Tustin Legacy - Remember there's "Another" Hangar Too
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