RESOLUTION NO. _____________
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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