A poignant point, did the City of Riverside know they were breaking the law in the violation of Proposition 218? The implementation guide for Proposition 218 was written by the National League of Cities of whom, former Mayor Ron Loveridge was President of in 2003 and 2010. Incidently, the National League of Cities is a lobbying group. I would find it difficult to believe that the mayor was not aware of the constructs of Propostion 218.
WHAT THE CALIFORNIA CONSTITUTION ARTICLE 13 SAYS..
- Voter-approval. Except for sewer, water and refuse collection services, fees subject to the requirements of article XIIID requires a majority vote of property owners or, at the public agency’s option, a two-thirds vote of the electorate, in addition to compliance with the majority protest proceedings.
- Fees for general governmental services prohibited. Proposition 218 fees may not fund general governmental services, including but not limited to police, fire, ambulance or library services, which are available to the public at large in substantially the same manner as they are to property owners.
- Fee for service provided only. Revenues derived from the fee may not be used for any purpose other than that for which the fee was imposed.
- Fee not to exceed cost of service. Revenues derived from the fee may not exceed the funds required to provide the property related service. (See note above).
- Fee not to exceed proportional cost. The amount of the fee may not exceed the proportional cost of the service attributable to the parcel.
- Fees may not be imposed to fund some future benefit.
Proposition 26, also known as “Stop Hidden Taxes Initiative, was passed by the voters in 2010 to prohibit politicians from using a loophole to raise even more taxes by disguising them as fees. Prior to Prop 26 elected officials at the state and local level could pass higher taxes by labeling taxes as “fees” so they can pass or increase them with a 50% vote instead of the two-thirds required by law – and in the case of many local taxes, enact them without a public vote. Proposition 26 was needed to close this loophole. Higher taxes and fees make it more difficult for businesses to stay in California – the very businesses that employ Californians, create jobs and generate revenue for our state. Increasing employment and growing the economy are crucial to California’s recovery.”
For more information on this June 4th, 2013 Measure A, contact us email@example.com
GOVERNMENT SHOULD LIVE WITHIN THEIR MEANS, AFTERALL, WE THE TAXPAYER HAVE TO..