RESOURCE MANAGEMENT AGENCY- B. YOUNG

Adopt resolution calling for an all mailed ballot in CSA 50 for approval of Prop 218 fee and Adopt resolution approving procedures for conducting mail ballot elections to adopt or increase fees or charges for certain property related services pursuant to Proposition 218. 

 SBC FILE NUMBER: 149

RESOLUTION NO: 2021-21, RESOLUTION NO: 2021-22

Proposition 218 creates a process before which property related fees may be adopted. The procedure depends on the type of fees being imposed, and is shorter for water, sewer and refuse related fees, than it is for other type of fees. 

For general fees, such as the fee proposed in this agenda item, the County hold a protest hearing (which has already occurred).  If at the protest hearing, a majority of the property owners submit a protest, the fee may not proceed further.  If however, a majority protest is not received, then a mailed ballot election must be conducted.  At the mailed ballot election, the votes that are received are tabulated.  The votes received in favor of the fee must outweigh the votes received that are opposed to the fee.  This makes it difficult to impose new fees within CSA's today, and new fees are only able to be imposed when the property owners generally approve of the proposed fee. 

CSA 50 Proposed Fee: 

At the January 12, 2020 Board meeting, the Board held a protest hearing to determine if majority protests had been received in response to the proposed fee in CSA 50.  No protests were received.  The next step in the 218 process is to conduct an all mailed ballot election to approve the fee.  The fee must be approved by the majority of voters returning a ballot on the question.  The attached resolution sets forth the ballot measure to be proposed within the CSA in reference to the fee question.   The second resolution, which is roughly modeled after a similar resolution in Yolo County, establishes further detailed procedures regarding the election.  As the election is not subject to the elections code, this resolution will help establish the procedure/process for the election.  

1. Adopt resolution calling for an all mailed ballot in CSA 50 for approval of Prop 218 fee; 2.  Adopt resolution approving procedures for conducting mail ballot elections to adopt or increase fees or charges for certain property related services pursuant to Proposition 218.