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O R I G I N A L <br />RESOLUTION NO. 14522 <br />RESOLUTION SUPPORTING ASSEMBLY CONSTITUTIONAL <br />AMENDMENT 10, WHICH EXEMPTS FEE, INCREASES FOR STORM <br />DRAINS AND STORM WATER POLLUTION PREVENTION <br />PROGRAMS FROM THE VOTING REQUIREMENTS OF PROPOSITION <br />218 <br />4/14/03 <br />WHEREAS, Proposition 218 requires a local jurisdiction to obtain either a two- <br />thirds voter approval or a weighted majority vote of owners of affected properties to <br />enact a fee on parcels; and <br />WHEREAS, there are exceptions in the law from this voting requirement, such as <br />for sewer projects; and <br />WHEREAS, the courts have ruled that storm drains and storm water pollution <br />prevention programs do not meet the definition of sewers, thus imposing a nearly <br />insurmountable obstacle to a local jurisdiction obtaining funds to address the issue of <br />storm water pollution; and <br />WHEREAS, Assembly Constitutional Amendment 10 has been proposed to <br />clarify and confirm that storm drains and storm water pollution prevention programs are <br />exempt from the Proposition 218 voting requirements; and <br />WHEREAS, this amendment, if made into law, would enable local jurisdictions to <br />raise fees to pay for the increasing unfunded State mandates under the National <br />Pollutant Discharge Elimination System (NPDES) program, and will enhance their ability <br />to fund and operate the type of storm water pollution management programs that were <br />envisioned in the Clean Water Act. <br />F:Atty /Reso /Reso.1385 1 <br />03/26/03 <br />