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HomeMy WebLinkAboutMinutes 1978-06-22COUNTY SAN I TAT!OH DISTRICTS NOSI 1,2,3,5,6,7 &11 OF ORANGE COUNTY,CALIFORNIA MINUTES OF THE ADJOURNED REGULAR NEETING ON JUNE 22,1978 ADIIIHISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY,CALIFORNIA S ~t S . S ROLL CALL Pursuant to adjournment of the regular meeting held June 14,1978,the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County,California,met in an adjourned regular meeting on June 22,1978,at 6:00 p.m.,in the Districts Administrative Offices.Following the Pledge of Allegiance and invocation,the roll was called and the Secretary reported a quorum present for Districts Nos.1,2,3,5,6,7 and 11 as follows: District No.1: District No.2 District No.3: District No.5: District No.6: District No.7: District No..11 ACTIVE DIRECTORS X Kerm Rirna,Chairman ____Jai~ies Sharp,Chairman pro tern X Philip Anthony X Vernon Evans X Henry Wedaa,Chairman X Donald Holt,Chairman pro tern X Ralph Clark ____Donald Fox X Beth Graham X Bernard Houston ____David Ortiz X Bob Perry John Seymour X Don Smith x Roger Stanton X Louis Velasquez X Bernie Svalstad,Chairman X Don Griffin,Chairman pro tern X Norman Culver X Sal Gambina X Donald Hudson X Frank Laszlo ____Harry Miller X Richard Olson ____David Ortiz ____Alan Priest X Earl Roget Laurence Schrnit John Seymour ____Richard Siebert X Charles Sylvia X Duane Winters ____Paul Ryckoff,Chairman X Thomas Riley,Chairman pro tern Donald Strauss ____Don Mclnnis,Chairman X Kerm Rima,Chairman pro tern X Philip Anthony X Bill Vardoulis,Chairman X Don Smith,Chairman pro tern X Ralph Clark X Vernon Evans X Francis Glockner X Donald Saltarelli _____Ray Williams X Ron Shcnkman,Chairman ____Ron Pattinson,Chairman pro tern Laurence Schmit ALTERNATE DIRECTORS Orrna Crank ____Ralph Welsh ____Thomas Riley ____David Ortiz _____Irwin Fried ____William Rashford ____Thomas Riley X Sam Cooper ____Earl Roget James Wells X Vernon Evans ____Norman Culver X Donald Roth ____Robert Hoyt ____Marvin Adler Duane Winters ____Marvin Adler ____Stanley Meyer ____Bob Perry Sam Cooper ____Otto Lacayo ____Harold Seitz ____Martha Weishaupt Bruce Finlayson X Vernon Evans X Ronald Nyborg ____Robin Young X Thomas Riley X Donald Roth X Ron Shenkrnan Kenneth Zommick Louis Velasquez X Paul Hummel ____Philip Anthon~ ____Paul Ryckoff ____Paul Ryckoff Orma Crank ____Thomas Riley ____Mary Ann Gaido ____Robert Hoyt ____Thomas Riley ____David Ortiz ____Elvin Hutchison _____Ralph Welsh ____Paul Ryckoff ____Ruth Bailey Ron Shenkrnan X Thomas Riley —2— Districts 1,2,3,5,6,7 ~11 June 22,1978 STAFF MEMBERS PRESENT:Fred Harper,General Manager,J.Wayne Sylvester,Secretary,and Rita Brown OTHERS PRESENT:Thomas L.Woodruff,.General Counsel **************** ALL DISTRICTS The General Manager reported that diffi Report of the culties were still being encountered in General Manager planning the dedication ceremonies for the new 46 MCD Activated Sludge Treatment Facilities at Reclamation Plant No.1 due to the scheduling of Environmental Protection Agency and State Water Resources Control Board officials.He stated that he was now attempting to set the dedication for August 9th, immediately preceding the regular Joint Board Meeting. ALL DISTRICTS The General Counsel reported that pursuant Declaring intent re imple to the Boards’direction at the June 14th mentation of alternative meeting,he and the staff had proceeded methods of funding 1978-79 with planning and procedures for funding budgetary requirements 1978-79 operating and capital budgetary requirements by continuing to levy an ad valorem (variable)special assessment tax rate,as was done before enactment of the Jarvis-Gann (Proposition 13)amendment(Alternative III),on the basis of previous legal and judicial opinions that the Sanitation Distticts’levy is a “special assessment”and,therefore not subject to Jarvis-Gann;and the alternative measure of funding 1978-79 operating and capital budgetary requirements by establishing a flat rate special assessment for sewer service and immediate availability against each parcel of property to be collected on the tax roll (Alternative II),in the event an unfavorable ruling is received on Alternative III. He referred Directors to a copy of his June 20,1978,legal opinion con cluding that Proposition 13 does not bar the Districts from levying a tax for service based on the ad valorem assessment roll.of the County Assessor (Alternative III)in the same manner as was done prior to enactment of the tax limiLation initiative.The major question to date appears to be whether the County Auditor-Controller,the cx officio auditor of the Districts,will, in light of Jarvis-Gann,process the individual District budgets approved by the respective Boards of Directors and submit said budgets to the Board of Supervisors for fixing the ad valorem special assessment tax levy.The Auditor-Controller wil.l lean heavily on County Counsel,his legal advisor, in making his decision.Although County Counsel has previously ruled that the Sanitation District is,in fact,a special assessment and not a tax, this ruling was prior to adoption’of Jarvis-Gann and,therefore,the affect of the initiative on said ruling remains untested at this time. The General Counsel added that in the event it becomes necessary for the Boards to implement Alternative II,his favorable opinion of the legality of levying a variable ad valorem tax assessment also applied to the flat rate assessment method. —3.- Districts 1,2,3,5,6,7 ~11 June 22,1978 The staff then reviewed the preliminary estimates of the 1978-79 capital and operating budget requirements and reported that under either Alternative II or III,the charge to property owners would decrease $2.24 million below the 1977-78 charge.The Director of Finance also reviewed the pre liminary estimate of the flat rate special assessment for service and immediate availability that would be required to be collected on the tax roll if it becomes necessary for the Boards to implement Alternative II, as follows: DISTRICT ASSESSMENT PER PARCEL 1 $39.79 2 39.50 3 42.92 5 59.70 6 39.92 7 38.12 11 55.03 The staff also reported that in order to implement Alternative II,it would be necessary for the Districts to mail a notice of hearing on the proposed flat rate assessments to all property owners within the Districts at least ten days prior to the scheduled hearing,tentatively set for July 19,1978. The mailing of the notice was proceeding on schedule and in order to comply with provisions of the state code,it would be necessary to mail said noti fications regardless of the method of funding finally selected for 1978-79 because a decision,in all likelihood,would not be forthcoming before the notice date. The Boards then entered into a general discussion concerning the alternative funding methods and the implementation of same,after which the following actions were taken: ALL DISTRICTS Moved,seconded and duly carried: Declaring intent to fund 1978-79 budgetary require That the Boards of Directors hereby ments by levy of ad valorem declare their intent to fund 1978-79 special assessment tax rate operating and capital budgetary re quirements by levy of an ad valorem (variable)special assessment tax rate based upon the property assessment roll (Alternative III)in the same manner as before enactment of Proposition 13. ALL DISTRICTS Moved,seconded and duly carried: Declaring intent to fund 1978-79 budgetary require That the Boards of Directors hereby ments by alternative method declare their intent to fund 1978-79 of establishing and collec budgetary requirements by establish ting flat rate special assess ing and collecting a flat rate special merit in the event of an un assessment for sewer service and favorable ruling on the ad immediate availability on the tax valorem (variable)tax rate roll (Alternative II),ifl the event assessment the Districts receive an unfavorable ruling regarding levying of an ad valorem (variable)tax rate based upon the property assessment roll. -4- Districts 1,2,3,5,6,7 ~11 June 22,1978 ALL DISTRICTS Directing General Counsel to draft agreement providing for County Tax Collector to col lect flat rate special assess ment on tax roll Moved,seconded and duly carried: ____________________— Thatthe General Counsel be,and is ______________________________ hereby,directed to draft an agreement between the Orange County Board of _____________________________ Supervisors and the Districts,providing for the Orange County Tax Collector to collect the flat rate special assessment on the tax roll,as authorized by the Health ~Safety Code. S DISTRICT 1 Reading of proposed Ordinance No.104 by title only for Sewer Service and Immediate title only,and that reading of DISTRICT 2 Reading of proposed Ordinance No.205 by title only for Sewer Service and Immediate title only,and that reading of DISTRICT 3 Reading of proposed Ordinance No.306 by title only for Sewer Service and Immediate title only,and that reading of DISTRICT S Reading of proposed Ordinance No.510 by title only for Sewer Service and Immediate titleonly,and that reading of DISTRICT 6 Reading of proposed Ordinance No.604 by title only for Sewer Service and Immediate title only,and that reading of DISTRICT 7 Reading of proposed Ordinance No.717 by title only for Sewer Service and Immediate title only,and that reading of DISTRICT 11 Reading of proposed Ordi.n4nce No.1105 by title only for Sewer Service and Immediate title only,and that reading of Moved,seconded and unanimously carried: That Ordinance No.104,an Ordinance Establishing Flat Rate Special Assessment Availability,be,and is hereby,read by said ordinance in its entirety be waived. Moved,seconded and unanimously carried: That Ordinance No.205,an Ordinance Establishing Flat Rate Special Assessment Availability,be,and is hereby,read by said ordinance in its entirety be waived. Moved,seconded and unanimously carried: That Ordinance No.306,an Ordinance Establishing Flat Rate Special Assessment Availability,be,and is hereby,read by said ordinance in its entirety be waived. Moved,seconded and unanimously carried: That Ordinance No.510,an Ordinance Establishing Flat Rate Special Assessment Availability,be,and is hereby,read by said ordinance in its entirety be waived. Moved,seconded and unanimously carried: That Ordinance No.604,an Ordinance Establishing Flat Rate Special Assessment Availability,be,and is hereby,read by said ordinance in its entirety be waived. Moved,seconded and unanimously carried: That Ordinance No.717,an Ordinance Establishing Flat Rate Special Assessment Availability,be,and is hereby,read by said ordinance in its entirety be waived. Moved,seconded and unanimously carried: That Ordinance No.1105,an Ordinance Establishing Flat Rate Special Assessment Availability,be,and is hereby,read by said ordinance in its entirety be waived. S . -5- Districts 1,2,3,5,6,7 ~11 June 22,1978 DISTRICT 1 Moved,seconded and unanimously carried: Introducing Ordinance No.104 That Ordinance No.104,an Ordinance Establishing Flat Rate Special Assessment for Sewer Service and Immediate Availability,be,and is hereby,introduced and passed to second reading on July 19,1978,at 6:00 p.m.,in the Districts’ administrative office. DISTRICT 2 Moved,seconded and unanimously carried: Introducing Ordinance No.205 That Ordinance No.205,an Ordinance Establishing Flat Rate Special Assessment for Sewer Service and Immediate Availability,be,and is hereby,introduced and passed to second reading on July 19,1978,at 6:00 p.m.,in the Districts’ administrative office. DISTRICT 3 Moved,seconded and unanimously carried: Introducing Ordinance No.306 That Ordinance No.306,an Ordinance Establishing Flat Rate Special Assessment for Sewer Service and Immediate Availability,be,and is hereby,introduced and passed to second reading on July 19,1978,at 6:00 p.m.,in the Districts’ administrative office. DISTRICT 5 - Moved,seconded and unanimously carried: Introducing Ordinance No.510 That Ordinance No.510,an Ordinance Establishing Flat Rate Special Assessment for Sewer Service and Immediate Availability,be,and is hereby,introduced and passed to second reading on July 19,1978,at 6:00 p.m.,in the Districts’ administrative office. DISTRICT 6 Moved,seconded and unanimously carried: Introducing Ordinance No.604 That Ordinance No.604,an Ordinance Establishing Flat Rate Special Assessment for Sewer Service and Immediate Availability,be,and is hereby,introduced and passed to second reading on July 19,1978,at 6:00 p.m.,in the Districts’ administrative office. DISTRICT 7 Moved,seconded and unanimously carried: Introducing Ordinance No.717 That Ordinance No.717,an Ordinance Establishing Flat Rate Special Assessment for Sewer Service and Immediate Availability,be,and is hereby,introduced and passed to second reading on July 19,1978,at 6:00 p.m.,in the Districts’ administrative office. DISTRICT 11 Moved,seconded and unanimously carried: Introducing Ordinance No.1105 That Ordinance No.1105,an Ordinance Establishing Flat Rate Special Assessment for Sewer Service and Immediate Availability,be,and is hereby,introduced and passed to second reading on July 19,1978,at 6:00 p.m.,in the Districts’ administrative office. -6- Districts Nos.1,2,3,5,6,7 ~ii June 22,1978 ALL DISTRICTS Receive and file written — report describing properties subject to flat rate assess ment and establishing time and place for hearing re subject report by each respective District;and, Moved,seconded and duly carried: That the report describing each parcel of real property subject to flat rate special assessment for sewer service and immediate availability charges and the amount to be charged each parcel,he, and is hereby,received and ordered filed FURTHER MOVED:That July 19,1978,at 6:00 p.m.in the Districts’administra tive offices,be,and is hereby,established as the time and place for hearing on said report proposing to levy and collect the following flat rate assessments for sewer service and irnmed:iate availability: ALL DISTRICTS Adj ourrinient —- Moved,seconded and duly carried: DI SIR I CT 1 2 3 5 6 7 11 ASSESSMENT PER PARCEL $39.79 39.50 42.92 59.70 39.92 38.12 55.03 That this meeting of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 he adjourned.The Chairman then declared the meeting so adjourned at 6:46 p.m.,June 22,1978. ,iSecret~9ry L~ards /Count~Saniflition (_~3,i 3~5,61/7 and 11 Nos.1, -7—