Water Fee Lawsuit

Diana Lejins, Plaintiff

Please allow me to set the record straight re your front page article “Water Fee Lawsuit Settled” (Nov. 24) and hopefully clear up any confusion about the issue.

In 1996, California voters passed Proposition 218, the “Right to Vote on Taxes Act.” This constitutional amendment protects taxpayers by limiting the methods by which local governments can create or increase taxes, fees and charges without taxpayer consent. Proposition 218 requires voter approval prior to imposition or increase of general taxes, assessments and certain user fees.

Under Prop 218 governments cannot charge more than it costs to provide a service. This was the main premise of the lawsuit against the City of Long Beach. Basically, they were illegally assessing “Pipeline Permit Fees” as a method of taxing water and sewer consumers without their approval at a rate far greater than the costs of the service. These extraneous fees ended up in the general fund to be spent at will.

Since 2004, pipeline permit fees charged to the citizens of Long Beach have totaled $118,715,388. The assessment skyrocketed through the years from $2,499,184 in 2004 to $10,891,573 in 2017.

While City Manager Pat West insinuates that significant services may be cut because of this settlement, the truth is the city may be forced to grapple with their blatant waste of taxpayer dollars and live within a reasonable budget – just like the rest of us. And, rather than penalizing the taxpayers for exercising their rights under the law, constituent services should once again resume priority status.

The lawsuit is a decided victory for the taxpayers in Long Beach and the entire state of California. It serves to bolster transparency, set precedent for future budgetary deliberations and empower voters to hold government officials accountable for their actions.

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