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Home My WebLink AboutResolution 1978 - 0167RESOLUTION NO.78-167 URGING CALIFORNIA LEGISLATURE TO ENACT EQUITABLE LEGISLATION FOR SPECIAL DISTRICTS PERTAINING TO APPORTIONMENT OF AD VALOREM TAX LEVY A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3, 5,6,7 AND 11 OF ORANGE COUNTY,CALIFORNIA, URGING THE CALIFORNIA LEGISLATURE TO ENACT EQUITABLE LEGISLATION FOR SPECIAL DISTRICTS PERTAINING TO THE APPORTIONMENT OF THE AD VALOREM TAX LEVY *.************** WHEREAS,the adoption of Proposition 13 on June 6,1978,has established the maximum amount of tax that can be levied upon real property within the State of California;and, WHEREAS,most special districts within the State of California levied a tax upon the real property within their jurisdiction based upon the ad valorem assessment rolls;and, WHEREAS,those special districts which levied an ad valorem based tax relied upon such revenues to meet a,portion or all of the expenses of operating said Districts;and, WHEREAS,those special districts provided sanitation services empowered by State law to establish and collect charges or fees for services provided to the users of their system in addition to receiving ad valorern property tax revenue;and, WHEREAS,sanitation agencies provide a special service directly related to real property;and, WHEREAS,the ability to use a combined system of ad valorem taxes and direct user charges is the most equitable means of financing most special districts and particularly sanitation agencies, and recognizing the relationship of the service to the property;and, WHEREAS,to implement Proposition 13 the California legislature has enacted SB 154 (Chapter 292,stats 1978)and SB 2212 (Chapter 332, stats 1978)which measures included the addition of Section 16270 to the California Government Code in which the State Legislature has declared its intent to deny special districts any share of the 1% ad valorem tax levy allowed by Proposition 13,after the 1978-79 fiscal year;and, WHEREAS,if such legislation is re-enacted in the same or similar form to be effective July 1,1979,it will require the special districts to impose large user charges and have a revenue program that is not necessarily the most equitable system possible for financing its operations;and, WHEREAS,to allow General Government such as counties and cities to receive the entire apportionment of the 1%tax levy authorized by the California Revenue and Taxation Code,Section 2237,to the exclusion of special districts,thus requiring special districts who relied in part upon tax revenue in the past to adopt user charges to establish a program contrary to the intent and mandate of the people of this State in adopting Proposition 13. NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County,California, DO HEREBY FIND AND RESOLVE: Section 1.That the State Legislature enact a comprehensive revenue program and tax apportionment legislation to implement Proposition 13 for fiscal year 1978-79 and subsequent years;and, Section 2 That said legislative program provide for special districts to continue to receive a pro rata share of the ad valorem rate authorized to he levied by California Constitution,Article XIIIA, on the same apportionment basis as authorized by SB 154 and SB 2212 for the fiscal year 1978—79;and, —2— Section 3 That the legislature not enact any legisative matters similar to Government Code Section 16270 which would direct special districts to rely soley on user charges or similar systems in lieu of receiving property taxes. PASSED AND ADOPTED at an adjourned meeting held October 4, 1978. —3— STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11,of Orange County,California, do hereby certify that the above and foregoing Resolution No.78-167 was regularly passed and adopted at an adjourned regular meeting of said Boards on the 4th day of October,1978,by the following vote,to wit: AYES:Philip L.Anthony,County Board of Supervisors Sam Cooper,Mayor -City of Brea Norman E.Culver,Garden Grove Sanitary District Vernon S.Evans,Mayor -City of Santa Ana Sal Gambina,Councilman -City of Brea Francis H.Glockner,Costa Mesa Sanitary District Beth Graham,Councilwoman -City of La Habra Don R.Griffin,Councilman -City of Buena Park Donald A.Holt,Jr.;Councilman -City of Placentia Bernard C.Houston,Mayor -City of Villa Park Donald G.Hudson,Mayor -City of Cypress Paul Hummel,Councilman -City of Newport Beach Frank J.Laszlo,Mayor -City of Seal Beach Don Mclnnis,Councilman -City of Newport Beach Harry L.Miller,Councilman -City of Stanton Richard Olson,Midway City Sanitary District David F.Ortiz,Councilman -City of Santa Ana Ron Pattinson,Councilman -City of Huntington Beach Alan Priest,Mayor -City of La Palma Thomas Riley,Chairman -.County Board of Supervisors Earl C.Roget,Mayor -City of La Habra Donald Roth,Councilman -City of Newport Beach Paul Ryckoff,Mayor -City of Newport Beach Donald J.Saltarelli,Councilman -City of Tustin James B.Sharp,Councilman -City of Tustin Ron Shenkman,Mayor -City of Huntington Beach Richard W.Siebert,Councilman -City of I-Iuntington Beach Don B.Smith,Councilman -City of Orange Roger R.Stanton,Councilman -City of Fountain Valley Bernie P.Svalstad,Councilman -City of Fountain Valley Charles E.Sylvia,Councilman -City of Los Alamitos Bill Vardoulis,Mayor -City of Irvine Henry W.Wedaa,Councilman -City of Yorba Linda Ray Williams,Councilman -City of Newport Beach Duane Winters,Mayor -City of Fullerton NOES:None ABSENT:Bob Perry,Garden Grove Sanitary District Kerm Rima,Costa Mesa Sanitary District IN WITNESS WHEREOF,I have hereunto set my hand this 4th day of October, 1978. J.W yne jlylik ,er,Secretary, B a ds of/Dife~ytors,County itatipn Dis’fricts Nos.1;.2, 5,6,7 and ii of Orange County, California S-A