Proposition 218 Omnibus Implementation Act
S.B. 919 (Rainey) (Chapter 38)
Senate Bill 919, an urgency statute that became effective July 1, 1997, clarifies certain aspects of Proposition 218 as approved by voters in November 1996. Proposition 218 added Articles XIIIC and XIIID to the California Constitution and was intended to make it more difficult to impose or increase taxes, assessments and property-related fees and charges by requiring most existing and almost all new or increased taxes, assessments, fees and charges to be subject to the vote of affected property owners.
The Act clarifies certain substantive and procedural requirements of Proposition 218. For example, the Act provides that:
- Ordinances or resolutions presented to voters for taxes, assessments, fees or charges may state a range of rates or amounts, with the rate or amount actually imposed limited to the maximum amount authorized by the voter-approved ordinance or resolution; and
- Ordinances or resolutions presented to voters may provide for an automatic adjustment for inflation by a clearly identified formula, except where the amount or rate used is determined by using a percentage calculation. Gov't Code § 53739(a), (b).
The Act further provides that, prior to levying a new or increased assessment, or an existing assessment subject to Article XIIID of the California Constitution, an agency must give notice by mail to the record owner of each identified parcel of the proposed assessment, including the amount chargeable to the record owner's parcel and the duration and reason for the assessment. Each notice must also contain an assessment ballot. The agency must conduct a public hearing and, at the conclusion of the hearing, tabulate the assessment ballots submitted in support of or in opposition to the proposed assessment. Gov't Code § 53753(b)-(e).
The Act provides that its notice, protest and hearing procedures supersede virtually all other statutory notice, protest and hearing requirements whether or not they are in conflict. Gov't Code § 53753(a). The Act establishes exemptions from the procedures of Article XIIID, section 4 of the California Constitution for certain assessments existing on the effective date of Article XIIID (for example, any assessment imposed exclusively to finance certain public works projects). Gov't Code § 53753.5(b). Finally, the Act provides that it shall not be construed to mean that any beneficial owner of a municipal security assumes the risk or consents to any action by initiative measure that constitutes an impairment of contract under the Contract Clause of the U.S. Constitution. Gov't Code § 5854.
Amendments to the Williamson Act
S.B. 1240 (Costa) (Chapter 495)
Senate Bill 1240 amends the California Land Conservation Act of 1965, also known as the Williamson Act, which allows a city or county to limit by contract the use of land to agricultural purposes. The amendment authorizes a city or county, upon petition of a landowner, to enter into an agreement with the landowner to rescind a Williamson Act contract in order to simultaneously place other land under an agricultural conservation easement as long as the applicable board of supervisors or city council makes certain findings, including:
- The agreement will not result in discontiguous patterns of urban development;
- The agreement is not likely to result in the removal of adjacent land from agricultural use; and
- The proposed easement is equal to or greater in size than the easement being rescinded.
The Director of Conservation may not approve an agreement if the easement has been purchased with funds from the Agricultural Land Stewardship Program Fund. Gov't Code § 51256.
The amendment also facilitates lot line adjustments by allowing parties to rescind a contract by mutual agreement, and simultaneously to enter into a new contract, provided that the board or council makes the following findings:
- The term of the new contract is equal to the greater of 10 years or the unexpired term of the contract being rescinded;
- There is no net decrease in the amount of acreage restricted;
- At least 90% of the land under the former contract remains under the new contract;
- The parcels of land subject to the new contract are large enough to sustain their agricultural use;
- The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other contracted lands; and
- The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.
The amendment does not limit any other authority of a board or council to restrict or condition lot line adjustments. Gov't Code § 51257(a), (b).
Lastly, the amendment requires the biennial status report made by the Department of Conservation in the year 2002 to include a review of the performance of the provisions of the bill relating to lot line adjustments. The provisions of the amendment relating to lot line adjustments for lands covered are repealed as of January 1, 2003, unless that date is deleted or extended by statute. Gov't Code § 51257(d), (e).
Other Legislation of Interest--San Francisco Bay Area Conservancy Program
Senate Bill 1048 (Ch. 896) establishes the San Francisco Bay Area Conservancy Program, which comprises the nine counties surrounding San Francisco Bay. The State Coastal Conservancy is authorized to administer the program, including authority to undertake projects and award grants to improve public access to the bay and coast; protect, restore and enhance natural habitat; assist in the implementation of specified coastal plans, programs and policies; and promote, assist and enhance projects that provide open space and natural areas accessible to urban populations.
To achieve these goals, the State Coastal Conservancy must cooperate with local governments to identify and develop long-term resource and outdoor recreational goals and project priorities. The Act also creates an account to fund the State Coastal Conservancy; however, until new funds are made available through this account, the Conservancy is not required to undertake projects.