Progress in Fight Over Wastewater Funds

Ten months after former Petaluma Councilman Bryant Moynihan sued the city alleging that it was illegally diverting money from the wastewater enterprise fund to pay for storm water maintenance, both sides say progress has been made, the Press Democrat is reporting.

The city previously argued that using monies from the wastewater was allowed since it diverted rainwater from the city's sewer plant, meaning the facility didn't have to treat it, according to the story.

But a court ruled that if the benefit wasn’t tied directly to the fund, any fees or taxes would have to approved by voters, since the changes would be reflected as high rates.

The city has already spent about $33,000 in attorney fees, which Moynihan says could have been eliminated if the city had just acknowledged the problem and moved to correct it. Moynihan, a frequent critic of City Hall, wants the city to return the nearly $5 million he says the city illegally diverted from the fund to supplement the general fund budget, which has been reduced by about a fourth over the past six years.

Legal briefs are tentatively due next month at the Sonoma County Superior Court, although the two sides are working on a mediation schedule to avoid a full trial.

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