Condit v. Solvang Municipal Improvement District

California Court of Appeal Sep 8, 1983 No. Civ. 67567Published

Before: Abbe

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Holding. The court held that the Solvang Municipal Improvement District (SMID) acted within its authority under its formation act when adopting ordinance number 59, and that the district's procedures did not violate due process, CEQA, or other statutory requirements.

Issues

Whether SMID was required to follow ordinance adoption procedures applicable to cities and counties rather than its own formation act.
Whether the adoption of ordinance number 59 violated constitutional due process or statutory requirements including CEQA.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The law is clear that the Legislature may create special districts and is not required to make city, county or other more general laws applicable to such districts.”

“The California Environmental Quality Act does not apply to the adopting of SMID ordinance number 59.”

Opinion

ABBE, J.

Appeal from a denial of preliminary injunction. This controversy arises out of adoption by the respondent Solvang Municipal Improvement District (SMID) on September 16, 1982, of ordinance number 59 which increased the rates and connection fees for water service within the district. Appellant is a property owner within the district and contends the respondent’s procedure in enacting ordinances is invalid.

Respondent is a special district created and operating pursuant to authority granted by the Legislature in the Solvang Municipal Improvement District Act of 1951 (Stats. 1951, ch. 1635) as amended. Pursuant to this act SMID is authorized to supply sewage, fire, light and water services to residents within the district. The act further provides that a regulation of the board shall be adopted by ordinance and shall be posted for one week in three public places in the district and shall take effect upon the week of such posting. SMID is governed by a board of directors consisting of five elected officials.

Appellant contends SMID violated (1) basic constitutional guarantees of due process by the manner in which it adopted ordinance number 59, (2) the Ralph M. Brown Act (Gov. Code, § 54950 et seq.), (3) Government Code section 54991 et seq., by failing to make the findings required for enacting user fee increases, (4) the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) and, (5) the California Public Records Act (Gov. Code, § 6250 et seq.). Appellant also contends respondent Leo Mathiasen, the secretary/manager of SMID violated the Ralph M. Brown Act and the California Public Records Act.

The trial court denied appellant’s request for preliminary injunction. We affirm.

The need for revision of the water rates and connection fees had been a subject of discussion at approximately a dozen public meetings of the board during the year 1982 prior to the adoption of ordinance number 59. The board concluded that the budget deficit caused by operation of SMID’s water

[1000]

system could only be met by an increase in the rates and connection fees. In determining such fees, the sound judgment of informed officials is a sufficient guide to the estimated cost of providing services. (See

Condit v. Solvang Municipal Improvement District

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ABBE, J.

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