Howard Jarvis Taxpayers Ass'n v. City of Salinas

In this “reverse validation” action, plaintiff taxpayers challenged a storm drainage fee imposed by the City of Salinas. Plaintiffs contended that the fee was a “property-related” fee requiring voter approval, pursuant to California Constitution, article XIII D, section 6, subdivision (c), which was added by the passage of Proposition 218. The trial court ruled that the fee did not violate this provision because (1) it was not a property-related fee and (2) it met the exemption for fees for sewer and water services. We disagree with the trial court’s conclusion and therefore reverse the order.

Background

In an effort to comply with the 1987 amendments to the federal Clean Water Act ( 33 U.S.C. § 1251 et seq.; 40 C.F.R. § 122.26 (a) et seq. (2001)), the Salinas City Council took measures to reduce or eliminate pollutants contained in storm water, which was channeled in a drainage system separate from the sanitary and industrial waste systems. On June 1,1999, the city council enacted two ordinances to fund and maintain the compliance program. These measures, ordinance Nos. 2350 and 2351, added former chapters 29 and 29A, respectively, to the Salinas City Code. Former…