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21 ATTACHMENT 3
City of Pleasanton
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2021
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072021
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21 ATTACHMENT 3
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7/15/2021 2:13:11 PM
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7/15/2021 1:02:08 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/20/2021
DESTRUCT DATE
15Y
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<br />74 <br />private entity, (ii) the financial source for the provision of services is transferred from taxes to other <br />revenues, or (iii) the voters of the entity approve a change in the limit for a period of time not to <br />exceed four years. <br /> <br />Appropriations subject to Article XIIIB generally include the proceeds of taxes levied by <br />the State or other entity of local government, exclusive of certain State subventions and refunds <br />of taxes. “Proceeds of taxes” include, but are not limited to, all tax revenues and the proceeds to <br />an entity of government from (i) regulatory licenses, user charges, and user fees (but only to the <br />extent such proceeds exceed the cost of providing the service or regulation), and (ii) the <br />investment of tax revenues. Article XIIIB includes a requirement that if an entity’s revenues in any <br />year exceed the amounts permitted to be spent, the excess would have to be returned by revising <br />tax rates or fee schedules over the subsequent two years. <br /> <br />Certain expenditures are excluded from the appropriations limit including payments of <br />indebtedness existing or legally authorized as of January 1, 1979, or of bonded indebtedness <br />thereafter approved by the voters and payments required to comply with court or federal <br />mandates which without discretion require an expenditure for additional services or which <br />unavoidably make the providing of existing services more costly. <br /> <br />The Members are of the opinion that their wastewater fees and charges do not exceed <br />the costs they reasonably bear in providing such services and therefore are not subject to the <br />limits of Article XIIIB. <br /> <br />Articles XIIIC and XIIID of the California Constitution <br /> <br />General. On November 5, 1996, California voters approved Proposition 218, the so-called <br />“Right to Vote on Taxes Act.” Proposition 218 added Articles XIIIC and XIIID to the State <br />Constitution, which affect the ability of local governments to levy and collect both existing and <br />future taxes, assessments, and property-related fees and charges. Proposition 218, which <br />generally became effective on November 6, 1996, changed, among other things, the procedure <br />for the imposition of any new or increased property-related “fee” or “charge,” which is defined as <br />“any levy other than an ad valorem tax, a special tax or an assessment, imposed by a (local <br />government) upon a parcel or upon a person as an incident of property ownership, including user <br />fees or charges for a property related service” (and referred to in this section as a “property- <br />related fee or charge”). <br /> <br />On November 2, 2010, California voters approved Proposition 26, the so-called <br />“Supermajority Vote to Pass New Taxes and Fees Act”. Section 1 of Proposition 26 declares that <br />Proposition 26 is intended to limit the ability of the State Legislature and local government to <br />circumvent existing restrictions on increasing taxes by defining the new or expanded taxes as <br />“fees.” Proposition 26 amended Articles XIIIA and XIIIC of the State Constitution. The <br />amendments to Article XIIIA limit the ability of the State Legislature to impose higher taxes (as <br />defined in Proposition 26) without a two-thirds vote of the Legislature. Proposition 26’s <br />amendments to Article XIIIC broadly define “tax,” but specifically exclude, among other things: <br /> <br />“(1) A charge imposed for a specific benefit conferred or privilege granted directly to the <br />payor that is not provided to those not charged, and which does not exceed the <br />reasonable costs to the local government of conferring the benefit or granting the <br />privilege.
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