RESOLUTION NO. ____________

RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION IN SUPPORT OF SENATE CONSTITUTIONAL AMENDMENT 18 (LIU AND YEE),

LOCAL GOVERNMENT PROPERTY-RELATED FEES

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, Proposition 218 (1996) defined a property-related fee or charges as any levy other than an ad valorem tax, a special tax, or an assessment, imposed by an agency upon a parcel or upon a person as an incident of property ownership, including a user fee for a property-related service; and

WHEREAS, before a local government can charge a new property-related fee, or increase an existing one, Proposition 218 requires local officials to: identify the parcels to be charged; calculate the fee for each parcel; notify the parcels’ owners in writing about the fees and the hearing; hold a public hearing to consider and count protests; and abandon the fees if a majority of the parcels owners protests; and

WHEREAS, new or increased property-related fees require: a majority-vote of the affected property owners, or two-thirds registered voter approval; or weighted ballot approval by the affected property owners; and

WHEREAS, this election requirement does not apply to property-related fees for sewer, water, or refuse collection services; and

WHEREAS, an appellate court decision in Howard Jarvis Taxpayers Association v. City of Salinas found that charges imposed by the City of Salinas on developed parcels to fund stormwater management were property-related fees, and were not covered by Proposition 218’s exemption for “sewer” or “water” services; and

WHEREAS, increasingly strict regulation of pollutants from stormwater and urban runoff has significantly increased the costs faced by local agencies responsible for controlling pollutants; and

WHEREAS, Senate Constitutional Amendment 18 (Liu/Yee) would exclude fees and charges for stormwater and urban runoff management from these approval requirements for the imposition or increase of a property-related fee or charge; and

WHEREAS, this measure would give California voters the opportunity to reverse the Salinas decision and carve out a fourth exception to Prop 218 and provide funding for local stormwater and runoff management programs; and

WHEREAS, if approved by the Legislature, this measure would be placed before the California voters at the next regularly scheduled General Election.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board of Supervisors by the adoption of this resolution hereby supports Senate Constitutional Amendment 18 (Liu and Yee) regarding local government property-related fees.

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BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

*** * * * * ***

RESOLUTION IN SUPPORT OF SENATE CONSTITUTIONAL AMENDMENT 18 (LIU AND YEE),

LOCAL GOVERNMENT PROPERTY-RELATED FEES

______________________________________________________________

RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, Proposition 218 (1996) defined a property-related fee or charges as any levy other than an ad valorem tax, a special tax, or an assessment, imposed by an agency upon a parcel or upon a person as an incident of property ownership, including a user fee for a property-related service; and

WHEREAS, new or increased property-related fees require: a majority-vote of the affected property owners, or two-thirds registered voter approval; or weighted ballot approval by the affected property owners; and

WHEREAS, this election requirement does not apply to property-related fees for sewer, water, or refuse collection services; and

WHEREAS, increasingly strict regulation of pollutants from stormwater and urban runoff has significantly increased the costs faced by local agencies responsible for controlling pollutants; and

WHEREAS, Senate Constitutional Amendment 18 (Liu/Yee) would exclude fees and charges for stormwater and urban runoff management from these approval requirements for the imposition or increase of a property-related fee or charge; and

WHEREAS, this measure would give California voters the opportunity to reverse the Salinas decision and carve out a fourth exception to Prop 218 and provide funding for local stormwater and runoff management programs; and

WHEREAS, if approved by the Legislature, this measure would be placed before the California voters at the next regularly scheduled General Election.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board of Supervisors by the adoption of this resolution hereby supports Senate Constitutional Amendment 18 (Liu and Yee) regarding local government property-related fees.