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
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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
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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
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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.
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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.
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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:
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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.
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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.
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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
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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.
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Districts Nos.1,2,3,5,6,7 ~ii
June 22,1978
ALL DISTRICTS
Receive and file written
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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
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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,
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