Richmond

Article XIII D of the state Constitution, adopted in 1996 as part of Proposition 218, limits the power of local governments to impose fees and special assessments to pay for governmental services. In this matter, we consider a challenge by various property owners to a resolution adopted by a local water district that increases the connection fee imposed by the district and continues unchanged a fee for fire suppression. Plaintiffs contend the connection fee is a special assessment, which was not adopted in accordance with the requirements of Proposition 218. They further contend the fire suppression charge is prohibited altogether. Finally, plaintiffs contend, in the alternative, the district was without power to adopt the connection fee amendment by way of a resolution. The trial court rejected each of these contentions and entered judgment upholding the enactment. Because we find merit in plaintiffs' second contention, we reverse in part.

Defendant Shasta Community Services District (District) is a California Community Services District within the meaning of title 6, division 3 of the Government Code (Gov.Code, § 61000 et seq.). In February 1994, the District adopted…