Thu 27 May 2010
Guest Commentary: The Great Chloride Tax Scam!
Posted by admin under Guest Commentary , Opinion , Santa Clarita Valley , Tax [3] Comments
The Sanitation District will hold a special meeting on Wednesday, June 2, 2010, at City Hall at 6:30 PM with a chance for the public to weigh in. Los Angeles County Supervisor Michael D. Antonovich, as a member of the Sanitation District Board, will be in attendance. This proposed tax increase will apply to all of the SCV, not just the City. Please join me in protesting the unneeded, unwarranted, and unacceptable $200 million dollar plus tax grab being proposed by our Sanitation District. Our elected officials must stand up to this scheme which is entirely based on junk “science”. Our Sanitation officials have caved into special Ventura County agricultural interests who want the citizens of the Santa Clarita Valley to pay for water which we will buy from Kern County to bank for them in drought years, to supply clean water for the Oxnard strawberry fields (although they won’t say how much), and to pay for a desalinization plant to take chloride out of the water we buy from the State. The State water project says that the level of chloride in the water that they sell us is fine, and yet our local State appointed Regional Water Quality Control Board says that we must take out the Chloride so that it is at maximum 117mg/L as measured at our County line as it goes into Ventura County.
The federal drinking water standard is 250mg/L. So why does The Sanitation District say we must take down the Chloride levels? It is because Regional Board has been convinced by the downstream agricultural special interests that high chloride levels are creating crop damage in “salt sensitive” crops. The Sanitation district did not fall for this ruse in 2002 as evidenced in the Feb 6, 2002 Daily News. Vicki Conway, the head of the treatment monitoring section for the Los Angeles districts stated that “The proposed standard is scientifically unfounded, “and that “There’s no evidence that this is needed, based on the history of this area.” In addition in 2002 our “City Council pledged … to fight a proposed plant to reduce the amount of chloride…the council members unanimously agreed that the new treatments were not necessary and could cost some residents their homes” Alas though, a culprit was also identified as the main reason why there was too much salt “Ninety percent of the chloride in the water system, and therefore in the river, comes from self-regenerating water softeners like those used by many homeowners, water officials said”-Daily News 2-06-2002.
Never underestimate the power of special interests when there is money and water involved. By 2003 our City Council was convinced that we needed to remove our salt based water softeners in the SCV. In the Daily News Mar. 26, 2004 Mayor Bob Kellar said “We have a choice when it comes to the salt-in-the-river problem, and the answer is clear: Let’s get rid of these polluting machines once and for all.” And Councilwoman Laurene Weste said. “If we put in salt, then we have to spend money to take it out.” In 2008 we passed an ordinance to make the softeners illegal and removed by June 30th 2009. So we have been taking those softeners out, and indeed the Chloride levels have been falling. But way before the full impact could be felt (there are still bootleg softeners in place), last year the Sanitation district was pushing for a $250 million tax increase. They were doing so because in 2005 a literature survey was done to justify the outrageous tax. Not a field studies mind you, only a review of studies done elsewhere. The contention by the agricultural interests, was that the “salt sensitive” crops of strawberries, nursery crops and avocados were being “harmed” by our salt levels.
Here is what the study actually says about evidence of chloride levels that would harm strawberries “…they did not provide sufficient data to determine an appropriate Cl threshold for irrigation water”; nursery crops “ …does not provide sufficient evidence upon which to base a recommendation for a Cl threshold for nursery crops”; and avocados “Therefore, although there is clearly not enough evidence to propose an absolute threshold with the literature presently available, the best estimate of a Cl hazard concentration ranges from 100 to 120 mg/L.” That’s right folks, they are going to tax us a couple of hundred million dollars on a guess. Three of the six “experts” that comprise the panel that makes this guess, work for the agricultural interests in Ventura County. One of the panelists who do not work for the farmers of Ventura County, John Letey, Jr. Ph.D. a Professor Emeritus from Riverside, states that if a threshold had to be estimated, there would need to be at least 178 mg/L before any damage was done to the avocados.
So assuming that there is some threshold that would damage avocados, how many farmers are affected by chloride levels above 100 mg/L? One. According to the Sanitation District, between our county line and where the Piru creek dilutes the water down to around 50mg/L there is exactly one farmer with about 100 acres in avocados. Our government wants to tax us hundreds of millions of dollars to benefit one farmer, based on junk science.
And here is the kicker. The Sanitation District stated last year that they needed to meet a 150 mg/L level for Cl as the water left the treatment plant and 117 mg/L as it crossed the County Line. The measurement for the last 14 months coming out of the Valencia plant has been below 150 mg/L. The measurement for the last 20 months has been below the 150/mg threshold for water coming out of the Saugus Plant. And for the last six months the level at the County line was below the 117mg/L. with the April 10 measurement at 91 mg/L. The average Cl level has dropped 6% for the last year compared to the prior year average. To put in one penny for the design of a chloride removal plant, while the levels are still falling would not only be a travesty, but a misuse of public funds.
The Sanitation District laid out the whole plan last year, and the people were rightly shocked with the hundreds of millions in tax increases, but this year they are only talking about the costs to design the plant. They want our officials to commit us for the design and then tell us the cost for the building of the plant later, after we are committed to this robbery of our citizens. Our officials put this off last year until after the election, but this boondoggle should not be an election issue. This tax scam should be fought as the great injustice that it is. It should be fought legislatively at the State level, and if necessary in the courts. I call upon Mayor Weste and Councilmember McLean and the entire City Council to fight this tax scam.
At Your Service,
TimBen Boydston, Former Councilman
TimBen Boydston is a former City of Santa Clarita Councilman. His commentaries represent his own opinions and not necessarily the views of any organization he may be affiliated with or those of the West Ranch Beacon.






May 27th, 2010 at 8:31 am
[...] TimBen Boydston posts guest editorial on WRB calling sanitation increase a “boondoggle”, “tax scam” based on “junk science.” WRB [...]
May 27th, 2010 at 1:00 pm
CoastalSage says:
May 27, 2010 at 11:40 am
In an analysis posted on SCVTALK on 5/27 NickelDime has figured out the long term cost of this chloride removal.
About 8 years ago, I started criticizing the County Sanitation Districts for Santa Clarita jamming these new sewer fees and charges down Santa Clarita taxpayers’ throats. I said they violated Propositions 13 and 218.
While you might consider me an environmentalist, I am first and foremost a believer in the principle that city, county and special agency governments must follow California law, and that on a moral and ethical basis, they should do it without having to being sued to make them comply with the law. Moreover, I have always felt that city attorneys and county counsel secretly advising city councils and special districts to violate the law, and wait for the taxpaper to sue, is reprehensible. That, unfortunately is what goes on all the time in Southern California.
Howard Jarvis Taxpayers Association (hjta.com) has a wonderful website guiding the taxpaper as to ballot propositions and recent court decisions reigning in the power of local governments to tax, assess, fee and levy utility charges to raise money in violation of the basic principles of Proposition 13. There have now been 6 statewide ballot measures enhancing Proposition 13, in order to plug loopholes which local governments tried to create to allow them raise taxes, assessments, fees and utility charges without 2/3rs approval of the voters, which is what Proposition 13 requires. In addition there have been close to 100 Supreme Court and Court of Appeal cases slapping down local government agencies for violating Proposition 13 and the other subsequent ballot measures.
When I began to criticize the proposed new charges to take the chlorides out of the sewer effluent, I did so because the “charges” to build the facilities and install the equipment to remove the chlorides would be new taxes or charges as defined in Propositions 13 and 218, and other related ballot propositions. Essentially, under the Proposition 13 genre of ballot measures and cases, a local agency cannot impose a tax to pay for “new structures and equipment” without an approval of 2/3rds of the voters.
When I made that comment in public, my “good friend” Frank Ferry verbally flipped out, and yelled at me at a City Council meeting, because he was one of Santa Clarita’s officials on the “board of directors” of the two County sanitation districts.
Within a week or so thereafter, there magically appeared at my family’s house an unsolicited letter from the County Counsel staff lawyer representing the Sanitation Districts essentially telling me to shut up; that the Regional Water Quality Control Board was forcing the Sanitation Districts to add the equipment and the structure to house it; and that there was no other way to fund the equipment so I should back off from raising the Proposition 13 and 218 issues.
All of this, of course, was all before the chloride removing equipment fees, charges, and assessments had actually been levied by the County Sanitation Districts.
The attorneys at the Howard Jarvis Taxpayers Association are inundated with requests to litigate against illegal taxes, assessments, fees and utility charges, but as a result of that letter I had a good, technical talk with their leader and he, too, thought that it didn’t matter what the Regional Water Quality Control Board wanted, that the new charges “for removal of chlorides” violated Propositions 13, 218 and related case law. He apologized and said they were so over-burdened with litigation against public agencies acting illegally and their lawyers (including Burke Williams & Sorensen) that they could not take Santa Claritan’s case. He gave me a very short list of lawyers who litigate Proposition 13 cases on a contingency fee basis, and suggested I phone them. I did, but ultimately decided I would litigate the case myself, once the new fees and charges were levied, simply because I am a perfectionist who believes that if you want something done right, you do it yourself.
Then, a funny thing happened on my way to work one day. A truck driver for a movie studio negligently tried to kill a bunch of people, including me. While the brain still works fine, the body isn’t litigating any more.
In the days since that presumptuous letter I received from the County Counsel’s office, it has appeared to me that on behalf of the two Santa Clarita Sanitation Districts the County Counsel’s office lawyers representing the Sanitation Districts have been trying to maneuver around Propositions 13 and 218, to try to find a way to make Santa Claritans pay for the chloride removal equipment and facilities, hoping that their “structuring” and raising money in small increments will go unchallenged. NickelDime’s essay on SCVTALK on 5/27 shows that this sneaky incrementalism produces a really enormous pot of money to add the equipment and facilities.
I still think that these chloride related fees and charges are illegal under Propositions 13, 218 and related cases and ballot measures, and that the Sanitation Districts could have resisted by putting the charges on the ballot, and seeing if 2/3rs of the voters would have “said yes”. If the voters had said “no” the Sanitation Districts could have told Regional Water Quality Control Board to “shove it” and dared them to sue. That would have been a far more principled stance than the Sanitation District’s boards of directors, at all times made up of 2 Santa Clarita City Councilmembers plus Mike Antonivitch, simply brainlessly doing what they were told by County Counsel’s low level lawyers. Those low level lawyers simply want to follow the path of least resistance and take huge amounts of money out of the taxpayers pockets, rather than fight RWQCb. A pox on the cowards.
The Howard Jarvis Taxpapers Association’s website reminds all of us who oppose the arrogant boot heel of county bureaucrats that there is also a way for local taxpayers to put an initiative on their ballot (in this case a ballot for the territory of the two Sanitation Districts) to repeal “utility taxes”.
So my friends, the ball is in your court. While various City Council members have comprised 2/3rds of the board of directors of the 2 county sanitation districts for the last 8 years, it’s obvious to me that they have dropped their well publicized opposition to these new fees and taxes and simply rolled over and let the County Counsel try to “structure” fees, assessments and charges which try to look like they don’t violate Propositions 13 and 218.
The practical question is whether there is a competent litigator living in Santa Clarita who wants to go to bat against the County Counsel and challenge these chloride removal facilities charges? It would have to be done on a “contingency fees basis”, but an ultimate win would award the litigator attorneys fees at 150% of his/her regular hourly rate, plus court costs.
As encouragement for preservation of the voters’ mandate under Proposition 13, to see how the taxpayers can defeat the bureaucrats, Justice Chin of the California Supreme Court wrote a very stirring, clear call to arms in a case called SILICON VALLEY TAXPAYERS’ ASSOCIATION, INC. v. SANTA CLARA COUNTY OPEN SPACE AUTHORITY (Supreme Court of California 2008) 44 Cal. 4th 431, where “the people” won a decisive victory against an army of “municipal lawyers”. That case is just one of many applicable to these sneaky, incrementalist sewer fees, assessments and taxes to fund facilities to remove chlorides, a maneuver which if done straightforwardly would violate Propositions 13 and 218 and associated case law.
So, Santa Clarita Bar Association members, are you men or sheep?
May 27th, 2010 at 3:05 pm
Well reasoned comments/truth from Tim Ben and Coastal Sage (Jennifer K)!
Just as I believe the our Planning Commissioners (except one – Diane Trautman) routinely rubberstamp anything brought to them; I believe the City Council members will approve of this latest tax grab.
These governments, whether they be local, state, county, or Federal really don’t give a damn what us citizens want — which is why there is growing discontent. I live in an area of the City which is thinking of seceding!!