Milpitas will not disclose how the "water fixed rate" fee is calculated and did not disclose the basis for the calculated fees for any of the utility fees in the notice sent to the parcel owners.
The city of Milpitas will not disclose the basis for the calculated fees for the "water fixed rate fee". This fee went up 15% on one year. When asked in a letter to the city manager Tom Williams, the city response was the following:Q. What are the charges that when summed up arrive at the water fixed rate fee?
A. "I cannot answer this question because my staff did not perform this calculation you describe."
In another letter to the city asking the same basic question the city response was the following:
A. "I understand that you believe that the city should have done an independent cost breakdown to develop a new meter charge. The city is not required to do so."
Comment:
In order to increase a utility rate, fee Article XIII D require that you must first calculate the fee and then you must disclose that fee in the notice sent to the public. The city did not calculate the fee and did not disclose how the fee is calculated in the notice sent to the parcel owners.
Article XIII D section 6 part (1) states:
(1) The parcels upon which a fee or charge is proposed for imposition shall be identified. The amount of the fee or charge proposed to be imposed upon each parcel shall be calculated. The agency shall provide written notice by mail of the proposed fee or charge to the record owner of each identified parcel upon which the fee or charge is proposed for imposition, the amount of the fee or charge proposed to be imposed upon each, the basis upon which the amount of the proposed fee or charge was calculated, the reason for the fee or charge, together with the date, time, and location of a public hearing on the proposed fee or charge. This means that the city must disclose how this fee and all other fees are calculated.
If the city increases a tax on the parcel owners, it must first calculate the new tax and then provide in the notice sent to the parcel owners the basis for the increased tax. In the notice sent to the public in 2011 on utility rates, the city did not disclose how any of the utility rate fees was calculated. Why are we even paying these city employees a salary? The higher you pay the city employees the worst service you get.
