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2 in El Rio file claims alleging misuse of funds by county
Two El Rio residents have filed claims against the Ventura County Watershed Protection District for $10,000 each, alleging a misuse of funds by the Board of Supervisors.
Soledad Trevino and Sally Varela charged that the board, which governs the watershed agency, illegally transferred millions of dollars out of a district zone that includes El Rio and spent it elsewhere.
"There is no legal authority, either in case law or in statutory law, for said transfer," states the claims, which are nearly identical in text.
Such claims are legally required before a lawsuit can be filed. The claims, dated Dec. 18, are the latest flare-up in a dispute that has pitted Supervisor John Flynn, who represents El Rio, against the other board members.
In December 2005, the board voted to transfer $5.18 million in Watershed Protection District money to six projects across the county, with only $1.6 million going to an El Rio sewer project.
Flynn voted for the transfer but has twice introduced measures to increase the El Rio share to $4 million, because in 2003 the county pledged up to $4 million for the sewer project. Both times, he failed to win support from other supervisors.
The votes on his measures have been marked by sniping, with Flynn defending El Rio residents and other supervisors accusing him of misleading the public.
Flynn has argued that the 2005 funding plan was illegal because the $5.18 million came from selling watershed district land to the city of Oxnard for a housing development. The money, he contends, should all be spent in El Rio or elsewhere in the Santa Clara River watershed. Flynn has said he voted for the plan only because he knew it would pass with or without his support.
Trevino said Friday that the money would help residents pay for the new sewers in El Rio. Some property owners, she said, are paying up to $20,000 for hookups. State water regulators required El Rio to switch from septic tanks to a regular sewage system because the tanks were contaminating ground water.
Trevino declined to elaborate when asked why the transfer was illegal or how she came up with the figure of $10,000 for her claim. Trevino said she had to speak with an attorney but didn't have one yet.
Varela and Flynn could not be reached for comment Friday.
County Counsel Noel Klebaum on Friday reiterated his opinion that the transfer of funds was legal. Under state law, taxes, assessments and fees must be spent in the district zone where collected, Klebaum said. That does not, however, apply to money collected from selling property, he said.
The total cost for the sewer upgrade is $38 million, said Susan Hughes, a legislative analyst for the county.
The county just obtained an additional $1 million in federal funding, bringing the assistance available for residents to $17 million, Hughes said.
"The amount of money we've been able to get to assist the El Rio residents has been substantial and eclipses the transfer that they've been concerned about," Supervisor Linda Parks said.
Posted by BillyBob on January 5, 2008 at 5:32 p.m. (Suggest removal)
Its the board of supervisors, not the city council. I guess you didn't pay attention...
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