Tag Archive for: MMWD

MMWD & CO$T Settle Water Rate Lawsuit

Joint Statement by Marin Water and the Coalition of Sensible Taxpayers (CO$T)
For Release – May 4, 2023

Marin Municipal Water District and the Coalition of Sensible Taxpayers (CO$T) and other individually named plaintiffs have reached a settlement in the 2019 case of the Coalition of Sensible Taxpayers., et al v. Marin Municipal Water District. The agreement settles a lawsuit over water rates that Marin Water adopted in 2019. Both sides agree it is prudent to move forward for the benefit of all Marin Water customers.

The dispute centered on certain fixed fees in customers’ water bills that vary according to the size of their water meters. CO$T alleged that the Watershed Management Fee and the Capital Maintenance Fee in the 2019-2023 fixed fee schedule were not compliant with the law’s requirement that water charges be proportional to the cost of service. Marin Water disputed that claim and maintains that these charges were legally adopted and complied with Proposition 218.

The settlement will only become effective if the Marin Water Board of Directors adopts certain modifications to its Watershed Management Fee and its Capital Maintenance Fee, which are being considered as part of its current rate-setting process. Marin Water staff and its rate consultant are proposing changes to the fixed fees to better reflect customer demand and to help reduce the burden of fixed fees on low water users, which presents an opportunity to improve the District’s rate structure and address issues of concern to CO$T.

Marin Water is in the process of completing its proposal for the next four-year rate cycle effective July 1, 2023, for which it will be mailing notices and holding a public hearing in May 2023, as required under Proposition 218. As part of this rate proposal, Marin Water would cease to charge fixed fees to single-family and duplex residential customers using the disputed meter-size factors. If the new rates are adopted as proposed, Marin Water would assess its Capital Maintenance Fee and Base Service Charge Fee (both fixed fees) using new factors for single-family residential and duplexes that are more clearly tied to water usage. The fixed fees would comprise a declining percentage of aggregate customer bills over the 4-year rate period. Marin Water is also proposing to eliminate the meter-size-based fixed charge Watershed Management Fee and instead more closely tie this charge to each customer’s water usage.

Both sides agree this approach is fair, promotes conservation, and better ties individual customer bills to water usage, thereby addressing the central complaint of CO$T’s lawsuit. Settling the lawsuit in advance of the December 2023 trial date reduces the risk to both sides of an adverse legal decision and ongoing higher litigation costs.

CO$T and Marin Water recognize the need for the district to focus on increasing its investment in infrastructure, a more secure water supply, and wildfire mitigation work on the Mt. Tam Watershed – as well as rebuilding financial reserves. Resolving this lawsuit better positions Marin Water to pursue these important priorities and makes ratepayers more confident that their water bills will be fair and equitable.

Marin Municipal Water District Proposes New Rate Structure, Higher Rates

If you’re a customer of Marin Municipal Water District (MMWD), you should have received notice of proposed rates for the upcoming 4-year period (July 2023 through June 2027). California law requires that this notification be sent at least 45 days in advance of a public hearing on the new rates, which will occur on May 16. Under the rate proposal, most residents will see a big jump in water bills in 2023-24, with somewhat smaller increases in the next three years. These increases are needed to cover inflation, the beginning of investments to increase our water supply, rebuild financial reserves that were largely depleted by the prior board over the last two years, and also compensate for the lost revenue that has occurred due to customer conservation over the last two years.

MMWD’s proposal includes a significant shift in the rate structure vs what’s currently in place. We think it is more fair.

The new structure will rely less on big fixed service charges while charging more for actual water consumption. The cost per gallon will rise substantially in each usage tier; the water allowance in tier 1 will be lower; and the extra water allowance in tier 1 during summer months vs winter will be eliminated. Drought surcharges are also proposed, making water usage even more costly when reservoir levels drop.

Over the past four years, CO$T has been critical of MMWD’s over-reliance on fixed fees, which unfairly burden those who conserve.  We have advocated for water bills tied entirely to usage. We legally challenged the 2019-2023 fixed fee metric that wasn’t linked to water usage; this subsequently became a class action suit.

Under the current new proposal, MMWD’s meter-size-based fixed fee for watershed management will be eliminated. For the other two similar fixed charges (basic service fee plus capital maintenance fee), there will be less difference than currently in the amount paid by customers with different meter sizes. This is owing to a new fixed fee metric for 2023- 2027 that better reflects the extent to which larger meter customers use more water.
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What does this mean for you and your bill?

Your water bills will be increasing, but the exact amount (and percentage increase) depends heavily on your water usage and your meter size. To see what your bills will be, MMWD has a calculator on its website (click here , then scroll down to the “Rate Calculator”where you’ll be prompted to download an easy-to-use Excel model.)  A customer with a 5/8 inch meter, using 6 CCF in the winter and 18 CCF in the summer will see a full-year increase of 22% in year one; the bill in year 4 would be 56% higher than now.  A heavier water consumer (10 CCF in winter and 25 CCF in summer) will see a full-year increase of 36% in year one, with year four 78% higher than currently.

Why Does MMWD Need to Raise Rates So Much?

The increase for this rate cycle is necessary to allow MMWD to avert insolvency, restore financial stability, address capital project backlogs, and begin to address our need for larger water supplies.What can you do to control your bill?
The obvious answer is to reduce water usage. In addition, you should check to see if you are eligible for one of MMWD’s discount programs. These programs include:

  • Low/moderate income discount (for those with up to 80% of Marin’s median income.)
  • Capital Maintenance Fee discount (if you have a 1″ or larger meter due to a fire sprinkler system.)
  • Medical Discount program (if you have medical equipment that requires extra water)

Check here to learn more about these discount programs.

How to Object to this Proposal: File a Formal Protest

MMWD’s rates aren’t subject to a popular vote because water is an essential service. But the law provides for a rate proposal to be rejected IF, before the end of the May 16 prop 218 rate hearing, a majority of ratepayers file valid formal complaints. This rarely succeeds because the hurdle is high. To learn how to file a valid protest, click here , then scroll down to “How do I object to the proposed rates” in the Frequently Asked Questions section.What Happens at the Important May 16 Rate Hearing
The May 16 hearing is an opportunity to learn more about the proposed rate structure and rationale. The public may comment in-person or remotely. MMWD will announce the number of formal protests received. The board can consider reducing, but not increasing, the proposed rates. At the close of the evening the board votes on a rate approval motion. Click here for information on how to attend.)The Bottom Line
MMWD proposed rate increase is necessary, though if will painful for many residents.  Changes in the rate structure will give customers who conserve more control over their water bill.  The rating scheme is fairer, as it reduces the excessively high fixed charges for homes with larger meters.  With the cost of water itself rising sharply, consumers should be aware of their own water usage and calculate what cost increases to expect.  And they should check to see if they are eligible for any of MMWD’s discount programs.  If you object to the rate proposal, file a formal protest exactly.  Finally,  customers can attend (or call in) to the May 16 meeting where the public can comment on the proposed rates before the board votes 

A Legal and Transparency Win for CO$T in its Suit against MMWD

“A Legal and Transparency Win for CO$T in its Suit against MMWD”

“Judge orders MMWD to provide key records that CO$T’s lawyers believe will help prove the district’s rate structure is unfair and illegal.”

Read the legal brief here.

CST files suit to stop MMWD’s Illegal Fees

CST Files Suit to Stop MMWD’s Illegal Fees

Kentfield, CA: Coalition of Sensible Taxpayers v. MMWD: Complaint Filed in Marin Superior Court Alleges Multiple Violations of California Law & Requests Injunction

Petition and Complaint

Click for document download

On August 20, 2019, government fee litigation specialist McNeill Law Offices filed suit in Marin Superior Court against the Marin Municipal Water District on behalf of lead plaintiff the Coalition of Sensible Taxpayers and four individual ratepayers. The complaint alleges that new and increased MMWD fees effective July 1, 2019 violate the California Constitution on multiple counts. Plaintiffs ask the Court for expedited hearing and a court order to stop the collection of fees that are inherently illegal and were illegally adopted.

The complaint’s most prominent claim is that MMWD’s new Capital Maintenance Fee (CMF) and increased Watershed Maintenance Fee (WMF) both use a seriously flawed methodology: meter size. This results in a large number of ratepayers being charged substantially more than the cost of service, which the law prohibits. Further, the obvious inequity of charging by meter size rather than usage caused public outcry, which the District sought to allay by adopting unlawful patches to the flawed fees. The resulting fee scheme is arbitrary and capricious – and illegal. It places an unfair burden on residential ratepayers broadly, especially those who are low water users or have large meters.

Proposition 218, California’s Right to Vote on Taxes Act, allows water districts to impose rates and fees without voter approval if the rates/fees, uses, and process scrupulously meet specific criteria and conform to the law. CST v MMWD alleges the District’s latest fees and process violate Prop 218’s requirements and as such should have been subject to a ratepayer vote.

The pleading alleges multiple legal violations falling into several categories. The most egregious violations include:
The fee revenue exceeds the cost of service.
CMF and WMF are not proportionately allocated to the individual properties; are arbitrary, capricious, and include an incoherent, illegal series of preferences.
The District failed to follow legally-mandated procedures for fee adoption and made further changes after the fees were approved.

Additional violations include:
Charges are being imposed for general governmental services (e.g., fire protection and watershed management) that require voter approval.
The District lacks the authority to impose fire protection fees without approval from the voters and explicit permission from relevant local agencies.
Excessive charges for large meters discourage installation of residential fire suppression systems, thereby increasing fire hazard.
Charging fees based on meter size rather than usage incentivizes water waste.
MMWD has failed to comply with state law requiring an annual accounting for connection fees and the use of such funds for capital projects.

Plaintiffs seek a Judgment requiring MMWD to cease charging the CMF and WMF; and come into compliance with other laws the suit alleges were violated.

CST is seeking donations to pay for its legal action protecting ratepayers from the adverse consequences of MMWD’s allegedly illegal fees and process. CST hopes its suit will also have a sentinel affect, encouraging MMWD and other Marin agencies and jurisdictions to scrupulously comply with the law.

Download Press Release Here
Download Exhibits to Petition and Complaint Here

MMWD’s meter-based fee plan unfair to ratepayers- Marin Voice

The district doggedly presses forward with a proposed series of rate increases and a novel infrastructure investment fee that hasn’t been justified, is unfairly distributed among ratepayers and financially incentivizes behavior that increases wildfire risk.

It also hasn’t warned ratepayers of further steep increases in what they will pay.

MMWD’s plan includes water bill rate hikes and adds a sizable capital maintenance fee based entirely on meter size (as opposed to usage). Both increase up to 4% annually for four years. The capital fee starts at $163 for those with 5/8-inch residential meters; $409 for those with 1-inch meters; and $817 for those with 1.5-inch meters. Many low water users’ total MMWD payments double within five years.

The unprecedented $16.5 million infrastructure fee falls disproportionately on homeowners. Homeowners consume 68% of MMWD’s water but will pay about 80% of the capital maintenance fee.

The proposed scheme became even more unfair as MMWD’s board tried to placate one outraged ratepayer group after another. Just prior to mailing its rate notice, MMWD added language exempting private fire lines from paying the capital maintenance fee. These large-diameter pipes serve big buildings’ interior sprinklers. The private fire line exemption appeared after school districts expressed alarm that MMWD’s proposal could force teacher cutbacks.

MMWD claims it never intended to charge private fire line customers a capital fee because sprinklers are rarely used. That caused residential customers with sprinklers to cry foul. Like private fire line customers, they rarely use sprinklers but must have extra incoming water capacity, i.e., 1- to 1.5-inch meters, incurring a high capital maintenance fee.

More Here:

MarinIJ Link

MMWD Start Over with a Plan That’s Fair & Not on Property Tax Bills

MMWD’s upcoming PR visits to City Councils are a chance for you and your council to object to the Reverse Robin Hood funding scheme: its proposed capital maintenance fee (CMF). Speak up during public comment at your council meeting. Email your Council members and urge them to represent your concerns.

MMWD should PAUSE THE PROCESS and develop a fairer scheme that has wide community support. That’s what the Marin IJ Editorial board advocates.

Marin Municipal Water district proposes to collect a sizable new fee for infrastructure projects. It starts at $16.5 million annually and will grow very substantially. While the project list may or may not be worthy, the funding scheme is not.

The smallest customers (homeowners) will pay disproportionately. This is because the fee (1)is based on meter size rather than water usage and (2)exempts private fire lines, which are very large diameter meters serving the biggest customers (e.g., malls, office buildings, and apartment complexes). Renters who are directly billed by MMWD (typically those who rent an entire house) are also exempt.

The CMF will go on property tax bills of homeowners and businesses; tax exempt entities will be directly invoiced.

Most homeowners’ CMF will start at $163 (5/8th inch meter) or $409 (1″ meter); some homeowners will pay $817 (1.5″ meter). This is the tip of the iceberg. The fee initially will escalate up to 4% per year. PLUS, MMWD has openly discussed the “need” to bump it up much more substantially, doubling or trebling it to accommodate their big plans. They can boil the frog quickly. You don’t get a direct vote.

MMWD’s visit to your city council is an important chance to be heard, and for your Council to weigh in. Ask your City Council to support you by telling MMWD to:

– Declare a time out to reconsider options for a more equitable and affordable fee to fund infrastructure projects.

– Don’t put a CMF on property tax bills. Nothing good results. Many ratepayers won’t notice how much their total payments to MMWD went up. But many WILL see that their taxes have gotten bigger yet again. The risk: MMWD crowds out other vital services like schools and parks, as overburdened taxpayers reject future tax measures.

– Collect any CMF via water bills and make it fair. Spread infrastructure costs equitably across ratepayers by tying any CMF to water usage. That can be structured to provide a predictable flow of capital to MMWD, per CO$T Director Paul Premo’s Better Plan.

– Don’t move abruptly away from debt financing to “Pay as You Go.” That results in unnecessarily high costs to current ratepayers. With rates now at historically low levels, MMWD should issue debt every few years to fund capital projects. That would lower the financial burden on today’s ratepayers and more fairly spread the cost of long-lived infrastructure over generations of Marin water users.

– Commit not to jump up the CMF during the initial 10 years. The announced 4% per year “inflation” increases are more than enough. That compounds to 48% over the decade. A doubling or trebling of the CMF — which MMWD is building the case to ultimately do — would be a very onerous for homeowners, who don’t get to vote on the fee.

Return your rate protest form! You will receive soon an official rate hearing notice from MMWD. It is a legally required notification of the proposed CMF PLUS a series of back to back 4% annual hikes in your regular water bill rates. To stop these fee hikes, a majority of ratepayers must return the rate protest form that’s in that mailer. While 50%+ is an insurmountably high bar, a large number of protest forms should alter the final outcome, if MMWD Directors care about your concerns.

Upcoming MMWD appearances open to public comment and Q&A:

Corte Madera Council – Tues April 2, 6:30PM
Fairfax Council – Weds April 3, 7PM
Ross Council – Thurs April 4, 6PM
Belvedere Council – Mon April 8, 6:30PM
Mill Valley Council – Mon April 15, 6:30PM
San Rafael Council – Mon April 15, 7PM
Sausalito Council – Tues April 16 or 30
Tiburon Council – TBD
Marin Coalition lunch – Weds May 1, 11:30AM

In addition, there are these MMWD hosted events:

Mill Valley Community Workshop – Thurs Apr 25, 5-8PM – Mill Valley Community Center, 180 Camino Alto

San Rafael Community Workshop – Weds May 15, 5-8PM – Albert Boro Community Center, 50 Canal Street

RATE HEARING (when MMWD board votes to approve new fees and rates):
Tues May 28, 7:30PM – 220 Nellen Ave, Corte Madera

Tell MMWD: Slow Down. Come Up with a Better Plan!

Tell MMWD: PAUSE! Proposed Big Fee Flawed by Rushed Process

Marin Municipal Water District plans to put a big, new, annual fee on your next tax bill, AND, send a HUGE invoice to your public school district and municipality. Despite a stated 10 year term, the District plans that the proposed Capital Maintenance Fee will be ongoing for decades, with annual escalators. They’re already contemplating the “need” to reset it to a substantially higher level one or more times in coming years. Other utility-like agencies (e.g., water and sewer) throughout the Bay Area are watching MMWD’s bold move with an eye to following suit. If you don’t live in MMWD’s territory, don’t think these unfolding developments won’t affect you.

You don’t get a direct vote on Water Fees. At its 7:30 PM Tuesday March 5 board meeting (220 Nellen Ave, Corte Madera), Directors will vote to mail a proposition 218 notice informing ratepayers of the new fee. After a required 45 day waiting period, MMWD’s board will likely ratify putting the new fee on ratepayers’ next tax bill (and directly invoicing schools and cities that don’t get a tax bill). That final hearing and vote is planned for May 14.

Speak up now! Before the train leaves the station.

Putting on the tax bill a big new water fee that’s not tied to water use is unfair to those who have conserved and places further pressure on homeowners struggling to stay in their homes. The proposed new fee starts at $163.50 yearly for most homeowners, but some will pay much more, including one-fifth of homeowners whose initial tab will be $408.74. The fee is slated to rise annually, tied to the (usually well-above CPI) Bay Area Construction Cost Inflation Index.

Very troubling impact on schools and municipalities. Tam Union High School District, which has been forced to cut teaching positions owing to financial woes, says it will receive a $160,000 invoice in year 1 (the cost equivalent of more than one full teacher). Our sources say San Rafael School district’s bill will exceed $300,000 (perhaps substantially).

To offset the unexpected levy, schools may have to further reduce teacher count, and cities cut basic services. Or, they might seek approval for new taxes from voters. At some point taxpayers max out, rejecting higher tax measures on the ballot. MMWD, which doesn’t need voter approval for its fee and rate hikes, may crowd out other important public priorities.

Tell MMWD’s board to PAUSE and consult with the community on a better plan. Speak up at MMWD’s board meeting, 7:30PM, Tuesday March 5, 220 Nellen Avenue, Corte Madera. If you can’t make it, email your concerns to the board (and copy us at CoalitionTaxpayers@gmail.com):

Jack Gibson yojcg@msn.com
Armando Quintero aquintero@marinwater.org
Larry Bragman lbragman@marinwater.org
CynthiaKoehler ckoehler@marinwater.org
Larry Russell lrussell@marinwater.org

We need your help. To volunteer for the MMWD project, contact us and we’ll be in touch. To contribute money to our effort, click here­.

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What’s Wrong with MMWD’s Fee and Process? Keep reading!

Too much hurry, too little consultation. MMWD is in a big hurry to get the new fee in place for before July 1, the start of the District’s new fiscal year and also the new tax bill year.

They argue that a big step up in ratepayer dollars is necessary to maintain ageing infrastructure. Late in the process, a modest amount of the proposed fee was also earmarked for fire prevention projects.

Regrettably, the District, while working internally on this proposed fee for some time, largely failed to consult the community regarding the project priorities or the fee’s magnitude, design, and distribution among ratepayers. School districts and city councils were in the dark, as were homeowners who will bear most of the brunt. A Citizens Advisory Panel wasn’t convened until late December 2018, leaving no time to produce a thorough report. MMWD Customers who will pay the bills were not formally represented on the panel. Residents who would prioritize fire prevention in the watershed — some of whom might be willing to pay even more for that security — weren’t given a chance to weigh in. The result is a proposal that isn’t ready for prime time. Tell MMWD to slow down and get this right.

New fee hits homeowners hard, and especially water savers. The capital maintenance fee — which is based on the size (volume) of each customer’s water meter, and without any recognition of individual customers’ water usage — falls heaviest on small water users. Small meter size MMWD customers (most of which are single family home occupants) will pay 78% of the fee while currently consuming only 58% of the District’s water output. The fee isn’t tied to consumption at all. Water conservers will see the biggest annual percentage increase in the amount they pay to the water district. Ratepayers should demand that some or all of the new fee be tied to water consumption.

New fee on the tax bill isn’t transparent. MMWD hasn’t provided any logical reason for not putting the fee on water bills, where we can see how much the invoice goes up. Marin County charges MMWD (=us) to bill via the tax roll. Ratepayers should demand that any new fee be on the water bill.

Financial need and alternatives haven’t been publicly aired. MMWD says the sharp jump in its push for more money ties largely to a planned move entirely away from bonds (which spread financing costs over time) to having current customers pay entirely for replacing long-lived assets and updating systems. Independent financial experts (many live in our community) weren’t consulted on this approach. It’s also worth evaluating to what extent MMWD needs more money because of rising benefits and expenses. MMWD’s total compensation (including benefits) now averages nearly $200,000 annually per full-time employee. How much could be saved by renegotiating labor contracts (including rich healthcare insurance benefits for retirees); putting in place caps on starting salaries of new hires; and ending the unusual practice of very part time board members accepting fully paid, tax-free healthcare insurance? Does the district have a good plan to “ring-fence” the new operating fees to ensure they aren’t subsidizing rising operating costs? Ratepayers should demand MMWD tap financially savvy community members to vet the district’s entire capital fee plan.

Process marred by ongoing poor transparency. MMWD has repeatedly rebuffed, without good reason, constituents’ requests that the District video and post board meetings; other similarly sized Marin jurisdictions do so. Staff reports and PowerPoint presentations are often unavailable to the public prior to those meetings (or not even posted online after the fact). Public complaints about these shortcomings have not produced any change. Meetings of standing committees (e.g., finance, communications, operations, etc.) are similarly deficient on transparency. Ratepayers must demand improved transparency: MMWD should videotape all board and committee meetings with closed captions for the hearing impaired. They should post 72 hours in advance all staff reports and presentation materials.

Video of the May 16 MMWD Rate Hike Meeting

The meeting lasted from 7:30 pm to 11:00 pm. These videos represent the first two hours. Please visit the related pages on this website to learn more about the Marin Municipal Water District rate hikes.

 

What You Can Do About The Big Water Rate Hike

Dear Coalition of Sensible Taxpayers

The meeting lasted from 7:30 pm to 11:00 pm. These videos represent the first two hours. Please visit the related pages on this website to learn more about the Marin Municipal Water District rate hikes.

LATE BREAKING NEWS: Latest news on the rate hike from MMWD and CO$T’s official response: http://www.marinij.com/general-news/20170513/water-district-restructures-rate-hike-set-for-approval-tuesday

Podcast of the April 11, 2017 CO$T Demonstration here

Marin Municipal Water District has sent out formal notice of its proposal to raise water rates 7% on July 1, 2017 and a further 7% on July 1, 2018. This comes on the heels of two much larger rate increases just last year (2016) that increased many people’s bills 50-100%. Marin residents cannot afford such excessive rate hikes.

Unfortunately MMWD customers do not get a direct vote.

The most effective thing you can do is to demand that our elected MMWD directors DO THEIR JOB and represent our interests by controlling expenses and saying no to yet another water rate increase.

MMWD’s salaries and increases are generous. This, together with rapidly growing pensions and retiree health benefits (including for spouses) with cost of living adjustments, results in many MMWD jobs paying 50%-60% more than similar private sector positions.

In its less than transparent rate increase notice, MMWD claims 80% of its costs are fixed. The problem is that the district considers its high personnel costs as fixed! It’s up to the board to manage costs, not rubber-stamp what staff wants.

So here’s what you should do:
Email MMWD Directors as indicated in the box below. Tell them that you expect that, as your elected representatives, they will vote against the rate increase at their May 16 public hearing. MMWD’s board should then direct a comprehensive review of cost saving opportunities.
Attend and Speak up at the district’s ratepayer Meetings: April 11 public workshop and May 16 Public Rate Hearing. Details are in the second box below.
Send in the formal Rate Protest Form that’s on page 4 of the Rate Increase (Public Hearing) Notice you received in the mail. If you don’t have that, go to page 5 of the

PDF at this link. (Print page 5 and send before May 15th)

Note, however, in a further violation of transparency, MMWD fails to mention that that it takes more than half of their over 57,000 ratepayers sending in the Rate Protest form in order for ratepayers to overturn a rate hike. That’s why it’s important to contact the board directly.

Email MMWD’s Directors:

Larry Bragman – lbragman@marinwater.org
Jack Gibson – jgibson@marinwater.org
Cynthia Koehler – ckoehler@marinwater.org
Armando Quintero – aquintero@marinwater.org
Larry Russell – lrussell@marinwater.org

Attend and Speak Up at Upcoming MMWD Meetings:

Public Workshop on Rate Hikes – Tuesday April 11, 7PM – Corte Madera Community Center, 498 Tamalpais Drive, Corte Madera

Public Hearing (that’s when the board votes on formally approving the rates) –Tuesday May 16, 7:30PM – MMWD headquarters, 220 Nellen Avenue, Corte Madera

Wear a shirt the color of dollar bills, to remind MMWD’s directors whose money they’re spending. Also, bring a kitchen sieve, symbolizing that too much of our money is going down the drain. During the meeting, waive your sieve when MMWD’s statements don’t hold water!

More info:

MarinIJ 3/27/17
MarinIJ 3/22/17