Howard Jarvis Taxpayers Ass'n v. Amador Water Agency
Opinion
Lead Opinion
Hull, J.
Citizens submitted a referendum petition to challenge Amador Water Agency's board resolution No. 2015-19 (Resolution), adopting new water service rates for Agency customers. (Cal. Const., art. II, §§ 9 [voters have referendum power to approve or reject state statutes except, e.g., tax levies], 11 [referendum power may be exercised by city and county electors under procedures provided by Legislature]; Stats. 1975, ch. 63, § 1, p. 112, West's Ann. Wat.-Appen. (1999 ed.) §§ 95-3.8, p. 118 [water agency has power to fix and collect rates and charges for its services]; Stats. 1959, ch.
*284 2137, § 7.3, p. 5072, West's Ann. Wat.-Appen., supra, § 95-7.3, p. 131 [water agency electors have initiative and referendum powers as to agency enactments].)
The clerk of the agency (Clerk) rejected the referendum petition and refused to place it on an election ballot, on the grounds that (1) the petition was "confusing," and (2) the rate change, while subject to challenge by initiative, is not subject to referendum. (Elec. Code, §§ 9114, 9144-9146 [upon presentation of valid referendum petition, board shall repeal ordinance or submit it to voters at an election].)