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Received After Agenda Preparation Deadline <br />(Not Included in Agenda Report) <br />7 <br />Sept. 10, 2025 <br />Yes <br />Opposes change from tiered to uniform <br />Over the past three years, several court cases in <br />structure; believes increase does not benefit <br />California have addressed the legality of tiered rates, <br />customers who conserve; objects to change in <br />primarily focusing on Proposition 218 requirements, <br />drought surcharge threshold; questions <br />which include: <br />transparency of revenue use. <br />• Rates must be proportional to the cost of service. <br />• Revenue cannot exceed the funds required to <br />provide the service. <br />• No user should pay more than their proportional <br />share. <br />• Agencies must demonstrate the cost basis for the <br />rates. <br />In 2022, the City decommissioned its groundwater <br />wells and began purchasing all of its water from the <br />same source at the same cost. Based on recent <br />court decisions like Patz.vi.San.Diego, the City would <br />be unable to legally justify cost differences for tiered <br />rates since all water comes from the same source at <br />the same cost. Therefore, the City has proposed a <br />uniform rate structure for all customers to ensure <br />greater consistency and reduce legal risks. <br />The City's Water Shortage Contingency Plan, <br />required by state law, calls for drought rates to be <br />applied only when the City Council declares a water <br />shortage emergency. These rates are designed to <br />recover lost variable revenues when customers are <br />required to reduce their water use. <br />