Regents
Regents of University of California v. City & County of San Francisco
Opinion
Opinion
Marchiano, J.
The Regents of the University of California (Regents) sued the City and County of San Francisco (City) for refund of allegedly excessive water and sewer charges. The trial court granted the City’s motion for summary judgment on the ground that the Regents’ action was time-barred by the 120-day limitations period of Government Code section 66022. The Regents contend the trial court erred by ruling the limitations period was triggered by the City’s 1996 resolutions increasing the water and sewer rates, and not by the City’s 1999 annual budget resolution. We disagree and affirm.
I. BACKGROUND
This case involves setting and collecting proper charges for public entities as customers of public utilities. In 1986, the California Supreme Court held that, absent legislative authorization, a public utility could not charge a public entity a fee to defray the costs of capital improvements. (San Marcos Water Dist. v. San Marcos Unified School Dist. (1986) 42 Cal.3d 154, 161-165 [ 228 Cal.Rptr. 47 , 720 P.2d 935 ] (San Marcos I); see Utility Cost Management v. East Bay Mun. Utility Dist. (2000) 79 Cal.App.4th 1242, 1246 [ 94 Cal.Rptr.2d 777 ] (Utility Cost Management).)