Some court interpretations of the law have constrained important tools that local governments need to manage storm water and drainage runoff.(d) Storm waters are carried off in storm sewers, and careful management is necessary to ensure adequate state water supplies, especially during drought, and to reduce pollution.
But a court decision has found storm water subject to the voter-approval provisions of Proposition 218 that apply to property-related fees, preventing many important projects from being built.(e) The court of appeal in Howard Jarvis Taxpayers Ass’n v. App.4th 1351 concluded that the term “sewer,” as used in Proposition 218, is “ambiguous” and declined to use the statutory definition of the term “sewer system,” which was part of the then-existing law as Section 230.5 of the Public Utilities Code.(f) The court in Howard Jarvis Taxpayers Ass’n v. App.4th 1351 failed to follow long-standing principles of statutory construction by disregarding the plain meaning of the term “sewer.” Courts have long held that statutory construction rules apply to initiative measures, including in cases that apply specifically to Proposition 218 (see People v.
In 1937, serious irregularities surfaced regarding the execution of a boundary line agreement in Malibu, settlement of trespass litigation that had been brought against Union Oil, and the issuance of permits for oil drilling in Huntington Beach.
A Division Chief and Petroleum Production Inspector were charged and dismissed from state service by the Personnel Board.
In the 1980s, KVCR's transmitter facilities were moved to Box Springs Mountain, overlooking Moreno Valley.
Measurements and results: History, physical examination, review of medical records, spirometry, and methacholine challenge testing revealed 20 cases of persistent irritant-induced asthma and 10 cases of persistent exacerbation of astham.The Surveyor General was also the engineer and commissioner of improvements of roads, canals, timber resources, draining of marshes, and irrigation project development.The office was abolished in 1929 and its responsibilities were transferred to the Department of Finance and its Division of State Lands.KVCR's studios are located at the San Bernardino Valley College campus on North Mt.Vernon Avenue in San Bernardino, and its transmitter is located atop Box Springs Mountain.“Assessment” includes, but is not limited to, “special assessment,” “benefit assessment,” “maintenance assessment,” and “special assessment tax.”(e) “Extended,” when applied to an existing tax or fee or charge, means a decision by an agency to extend the stated effective period for the tax or fee or charge, including, but not limited to, amendment or removal of a sunset provision or expiration date.(g) “Identified parcel” means a parcel of real property that an agency has identified as having a special benefit conferred upon it and upon which a proposed assessment is to be imposed, or a parcel of real property upon which a proposed property-related fee or charge is proposed to be imposed.(A) Adjusts the amount of a tax, fee, or charge in accordance with a schedule of adjustments, including a clearly defined formula for inflation adjustment that was adopted by the agency prior to November 6, 1996.(B) Implements or collects a previously approved tax, fee, or charge, so long as the rate is not increased beyond the level previously approved by the agency, and the methodology previously approved by the agency is not revised so as to result in an increase in the amount being levied on any person or parcel.(3) A tax, assessment, fee, or charge is not deemed to be “increased” in the case in which the actual payments from a person or property are higher than would have resulted when the agency approved the tax, assessment, fee, or charge, if those higher payments are attributable to events other than an increased rate or revised methodology, such as a change in the density, intensity, or nature of the use of land.(i) “Notice by mail” means any notice required by Article XIII C or XIII D of the California Constitution that is accomplished through a mailing, postage prepaid, deposited in the United States Postal Service and is deemed given when so deposited. The purpose of utilizing the plain meaning of statutory language is to spare the courts the necessity of trying to divine the voters’ intent by resorting to secondary or subjective indicators. Instead, the court substituted its own judgment for the judgment of voters.(g) Neither the words “sanitary” nor “sewerage” are used in Proposition 218, and the common meaning of the term “sewer services” is not “sanitary sewerage.” In fact, the phrase “sanitary sewerage” is uncommon.(h) Proposition 218 exempts sewer and water services from the voter-approval requirement.